A hearing on Milton Mobile Home Cooperative's Verified Complaint to declare as abandoned and uninhabitable the mobile home of Michael Flood & Melissa Bouffard, located at the Milton Mobile Home Co-op, Lot #18, 135 Pecor Avenue in Milton, Vermont has been set for February 15, 2022 at 9:30 a.m. To participate in this hearing, the WEBEX Login Information is as follows:
App: Cisco Webex Meeting
Meeting Number: 129 647 6521
If you do not have a computer or sufficient bandwidth, you may call (408) 418-9388 to appear by phone. (This is not a tollfree number). You will then enter the meeting number and password listed above. If you have technical difficulties, call the Court at (802) 863-3467.
Date: January 21, 2022 Nancy Bean, Docket Clerk
VERIFIED COMPLAINT FOR ABANDONMENT
PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)
NOW COMES Milton Mobile Home Cooperative, Inc. ("MMHC"), by and through its counsel Nadine L. Scibek, and hereby complains as follows:
1. MMHC, a Vermont cooperative corporation with a principal place of business in Milton, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as the Milton Mobile Home Co-op (the "Park") located in the Town of Milton, Vermont.
2. Michael Flood ("Flood") and Melissa Bouffard ("Bouffard") are the record owners of a certain mobile home described as 1977 Manufactured Home, 14' x 70', bearing Serial #00375 (the "Mobile Home") located on Lot #18 at the Milton Mobile Home Co-Op, 135 Pecor Avenue in Milton, Vermont according to the Town of Milton Land Records. See attached Bill of Sale.
3. Flood & Bouffard leased Lot #18 in the Park from MMHC pursuant to a written lease. See attached Member Occupancy Agreement.
4. Flood's last known mailing address is 150 Georgia Shore Road, Unit B, Georgia, VT 05478. Bouffard's last known mailing address is 34 University Lane, Apt. #210, Colchester, VT 05446.
5. The mobile home has been abandoned and is empty. The last known residents of the mobile home were Flood & Bouffard. MMHC filed a Complaint for Ejectment against Flood & Bouffard on October 5, 2021 with the Vermont Superior Court, Chittenden Civil Division, Case No. 21-CV-03076 for nonpayment of rent. On December 14, 2021 at a Rent Escrow Hearing in the above-matter, Bouffard advised the Court that the sewage line for the mobile home broke last winter (2021) and the mobile had been unoccupied since then. She further advised that she had no intentions of returning to live in the mobile home and that she was walking away from it. Flood, who was served in the pending eviction action, has not filed an Answer with the Court or appeared in the action. MMHC's counsel then attempted to communicate in writing with Flood by first class mail and email regarding his intentions with the mobile home. He has failed to respond. See attached.
6. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Flood & Bouffard are in arrears on obligations to pay property taxes to the Town of Milton, Vermont in the amount of $1,403.65, plus interest and penalties for delinquent taxes. The delinquent property taxes are now a lien on the property. The 21-22 tax year taxes are also due by May 16, 2022 in the amount of $466.92. Total owed to the Town of Milton is $1,870.57. See attached tax bills.
7. Mobile home lot rent/storage fees continue to accrue at the rate of $390.00 per month. Monies due to MMHC as of January, 2022 total $3,515.00. Attorney's fees and court costs incurred by MMHC currently exceed $1,200.00. See attached Statement.
8. MMHC sent written notice by certified mail to the Town of Milton on December 14, 2021 of Plaintiff's intent to commence this action. See attached.
9. The mobile home is uninhabitable. Kim Miner, Agent for MMHC, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.
WHEREFORE, MMHC respectfully requests that the Honorable Court enter an order as follows:
1. Declare that the mobile home has been abandoned;
2. Transfer the mobile home that is unfit for human habitation to Park owner
MMHC without a public auction so that it may be removed and disposed of accordingly.
3. Order pursuant to 10 V.S.A. § 6249(j) that the mobile home and any security
deposit paid be conveyed to the Park Owner in "as is" condition, and free from all liens and other encumbrances of record.
DATED this 20th day of January, 2022.
MILTON MOBILE HOME COOPERATIVE, INC.
BY: Nadine L. Scibek
Attorney for MMHC
I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury or other sanctions in the discretion of the Court.
January 20, 2022
By: Silvia Iannetta, Duly Authorized Agent for MMHC