IN RE: ABANDONED MOBILE HOME OF SHANNON BURRIS & BRYANT PIERCE II
NOTICE OF HEARING
A hearing on Ship Sevin II, LLC's Verified Complaint to declare as abandoned and uninhabitable the mobile home of Shannon Burris & Bryant Pierce II, located at the Pinecrest Mobile Home Park, Lot #43, 6 First Street in Morrisville, Vermont has been set for February 28, 2022 at 9:45 a.m. To participate in this hearing, the WEBEX Login Information is as follows:
App: Cisco Webex Meeting
Meeting Number: 2331 913 0947
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) 888-3887.
Date: February 1, 2022 Civil Division Clerk
VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)
NOW COMES Ship Sevin II, LLC ("Ship Sevin"), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:
1. Ship Sevin, a Vermont limited liability company with a principal place of business in South Burlington, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as the Pinecrest Mobile Home Park (the "Park"), located in the village of Morrisville, Vermont.
2. Shannon Burris ("Burris") and Bryant Pierce II ("Pierce") are the record owners of a certain mobile home (the "Mobile Home") described as 1968 Holiday Cottage, 12' x 60' located at the Pinecrest Mobile Home Park, Lot #43, 6 First Street in Morrisville, Vermont according to the Town of Morristown Land Records. See attached Bill of Sale.
3. Burris & Pierce leased a lot in the Park from Ship Sevin pursuant to a written lease. Burris & Peirce paid Ship Sevin a security deposit of $334.00. Pierce vacated the mobile home in 2020 as he has purchased another mobile home in the Park. See attached Lease.
4. Burris's last known mailing address is 6 First Street, Morrisville, VT 05661.
5. Pierce's last known mailing address was 2 Third Street, Morrisville, VT 05661. Ship Sevin does not have a current mailing address for Pierce but has communicated with Pierce via email.
6. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Burris. All of Burris's personal property is believed to have been removed from the mobile home and utility services have been terminated. The Park's Counsel has communicated with Burris & Pierce with respect to their intentions with their mobile home. Pierce called the Park's Counsel on October 4, 2021 and indicated that the mobile home needed to be torn down. In December, 2021 the pipes burst at the mobile home. Pierce contacted Ship Sevin and indicated that he would get a dumpster and clean out the mobile home, but he has not done so nor has he contacted Ship Sevin since. Ship Sevin has received no response from Burris. See attached.
7. Burris was evicted from the Park for material breach of lease on or about September 17, 2021 by the Lamoille County Sheriff's Department. The mobile home has been vacant since that time. The Court issued a Judgment and Writ of Possession to Ship Sevin on August 25, 2021. See Ship Sevin II, LLC v. Burris, Vermont Superior Court, Lamoille Civil Unit, Case No. 21-CV-00425. See attached.
8. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Burris & Pierce are in arrears on obligations to pay property taxes to the Town of Morristown, Vermont in the aggregate amount of $11.69, plus interest and penalties. See attached copy of Tax Bill.
9. Mobile home storage fees continue to accrue at the rate of $363.00 per month. Rent/ storage fees due Ship Sevin through February, 2022 total $1,815.00. Attorney's fees and court costs incurred by Ship Sevin currently exceed $3,000.00.
10. Ship Sevin sent written notice by certified mail to the Town of Morristown on December 21, 2021 of its intent to commence this action. See attached.
11. The mobile home is uninhabitable. Cindy Whitham, Property Manager, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.
WHEREFORE, Ship Sevin respectfully requests that the Honorable Court enter an order as follows:
Declare that the mobile home has been abandoned;
2. Transfer the mobile home which is unfit for human habitation to the Park owner 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 1st day of February, 2022.
SHIP SEVIN II, LLC
BY: Nadine L. Scibek
Attorney for Ship Sevin
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.
February 1, 2022 By: Cindy Whitham, Duly Authorized Agent for Ship Sevin