IN RE: ABANDONED MOBILE HOME OF MICHAEL GOODMAN, JR.
NOTICE OF HEARING
A hearing on Milton Mobile Home Cooperative, Inc.'s Verified Complaint to declare as abandoned the mobile home of Michael Goodman, Jr. located at the Milton Mobile Home Co-op, Lot #78, 44 Rita Way in Milton, Vermont to authorize the transfer without a public auction, so it may be removed and disposed of has been set for November 16, 2022 at 1:30 PM. 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: October 17, 2022
Nancy L. Bean, Judicial Assistant
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 Goodman, Jr. ("Goodman") is the record owner of a certain mobile home described as 1974 Skyline, 14' x 66', bearing Serial #602941 (the "Mobile Home") located on Lot #78 at the Milton Mobile Home Co-op, 44 Rita Way in Milton, Vermont according to the Town of Milton Land Records. See attached Bill of Sale and Town of Milton Grand List Parcel Report.
3. Goodman leased Lot #78 in the Park from MMHC pursuant to a written lease. See attached Subscription Agreement.
4. Goodman's last known mailing address is 44 Rita Way, Milton, VT 05468.
5. Goodman was evicted from the Park for non-payment of lot rent and cause on June 8, 2022. A Judgment Order for the outstanding lot rent and court costs was entered against Goodman on May 23, 2022 in the amount of $2,258.46. See Milton Mobile Home Cooperative, Inc. v. Goodman, Jr., Vermont Superior Court, Chittenden Civil Unit, Case No. 22-CV-01503. See attached Judgment Order, Writ of Possession & Sheriff's Return of Service.
6. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Goodman. All utility services have been terminated to the Mobile Home.
7. HFI's counsel has attempted to communicate in writing with Goodman by first class mail regarding his intentions with the mobile home. See attached. Goodman contacted Silvia Iannetta, Property Manager for MMHC in August, 2022 and indicated that he was trying to sell the Mobile Home. To date MMHC has not received any applications from perspective buyers to reside in the Park and has not heard anything further from Goodman.
8. After he was evicted from the Mobile Home, Goodman applied to Vermont Emergency Rental Assistance Program ("VERAP") and was approved for payment of amounts owed on the Judgment Order dated May 23, 2022 along with future rent through October, 2022.
MMHC received payment on August 1, 2022.
9. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Goodman is in arrears on obligations to pay property taxes to the Town of Milton, Vermont in the amount of $787.29, plus interest and penalties for delinquent taxes. The delinquent property taxes are now a lien on the property. See attached Delinquent Tax Statement and current Tax Bill.
10. Mobile home lot rent/storage fees continue to accrue at the rate of $390.00 per month. Monies due to MMHC as of October, 2022 total $117.00. Attorney's fees incurred by MMHC currently exceed $1,000.00. See attached Statement.
11. MMHC sent written notice by certified mail to the Town of Milton on September 13, 2022 of Plaintiff's intent to commence this action. See attached.
12. 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 14 th day of October, 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.
October 14, 2022
By: Silvia Iannetta, Duly Authorized Agent for MMHC