IN RE: ABANDONED MOBILE HOME OF MARK A. PROUTY, SR. & JEAN C. GENO
NOTICE OF HEARING
A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare as abandoned and uninhabitable the mobile home of Mark A. Prouty, Sr. & Jean C. Geno, located at the Coburns Mobile Home Park, Lot #34, 132 Fire Lane 3B Coburn Court in North Clarendon, Vermont has been set for March 3, 2021 at 11:00 a.m. This hearing will be held remotely as no hearings are being held in person at the Courthouse. To participate in this hearing, the WEBEX Login Information is as follows:
App: Cisco Webex Meeting
Meeting Number: 179 381 8436
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) 775-4394.
Date: February 19, 2021
Kristie Landon, Deputy Clerk
VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)
NOW COMES The Housing Foundation, Inc. ("HFI"), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:
1. HFI, a Vermont non-profit corporation with a principal place of business in Montpelier, County of Washington, State of Vermont, is the record owner of a mobile home park known as the Coburns Mobile Home Park (the "Park"), located in the Town of North Clarendon, Vermont.
2. Mark A. Prouty, Sr. ("Prouty") and Jean C. Geno ("Geno") are the record owners of a certain mobile home (the "Mobile Home") described as 1972 Mark IV, 12' x 70', bearing Serial #4657 located at the Coburns Mobile Home Park, Lot #34, 132 Fire Lane 3B Coburn Court in North Clarendon, Vermont according to the Town of Clarendon Land Records. See attached Bill of Sale.
3. Prouty & Geno leased Lot #34 in the Park from HFI pursuant to a written lease and paid a security deposit to HFI in the amount of $250.00.
4. Prouty & Geno's last known mailing address is P.O. Box 44, North Clarendon, VT 05759.
5. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Prouty's daughter, Judy Prouty. Geno spoke with HFI's Counsel on January 12, 2021 and advised that the mobile home had been unoccupied since May, 2019. She further advised that the mobile home was in extremely poor shape and that they had no opposition to HFI obtaining a court order that would allow the Mobile Home to be disposed of. All of Prouty & Geno's personal property is believed to have been removed from the mobile home and utility services have been terminated.
6. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Prouty & Geno are in arrears on obligations to pay property taxes to the Town of Clarendon, Vermont in the aggregate amount of $483.10, plus interest and penalties. The delinquent property taxes are now a lien on the property. See attached tax bills.
b. Notice of Lien dated August 3, 2015 and recorded in the Clarendon Land Records on August 6, 2015 in Book 150 at Page 332 filed by the Vermont Department of Taxes in the amount of $2,144.24. See attached.
7. Mobile home storage fees continue to accrue at the rate of $414.00 per month. Rent, storage fees, and late charges due HFI as of February, 2021 total $4,848.00. Attorney's fees and court costs incurred by HFI currently exceed $1,000.00.
8. HFI sent written notice by certified mail to the Town of Clarendon on January 12, 2021 of Plaintiff's intent to commence this action. See attached.
9. The mobile home is uninhabitable. Thomas Young, Property Manager for the Park, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.
WHEREFORE, HFI respectfully requests that the Honorable Court enter an order as follows:
1. Declare that the mobile home as been abandoned;
2. Transfer the mobile home which is unfit for human habitation to the Park owner,
HFI 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 12th day of February, 2021.
THE HOUSING FOUNDATION, INC.
BY: Nadine L. Scibek
Attorney for HFI
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 12, 2021
By: Thomas Young, Duly Authorized Agent for HFI