IN RE: ABANDONED MOBILE HOME OF DEBBIE MYERS
NOTICE OF HEARING
A hearing on The Housing Foundation, Inc.'s Verified Complaint to declare as abandoned and uninhabitable the mobile home of Debbie Myers, located at the Coburns Mobile Home Park, Lot #21, 24 Fire Lane 3B Coburn Court in North Clarendon, Vermont has been set for November 23, 2021 at 10:30 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: October 26, 2021
Sharon McNeil, COM
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. The Park is managed by the Vermont State Housing Authority.
2. Debbie Myers ("Myers") is the record owner of a certain mobile home, described as a 1970 New Moon mobile home, 12 x 65, bearing serial number 2ERLL6954 (the "Mobile Home"), located on Lot #21, Coburns Mobile Home Park, 24 Fire Lane 3B Coburn Court in North Clarendon, Vermont. See attached Vermont Mobile Home Uniform Bill of Sale.
3. Myers leased a lot in the Park for her mobile home from HFI pursuant to a written lease. Myers paid a security deposit in the amount of $320.00 to HFI. See attached Lease.
4. Myers is deceased. Myers's date of death is October 23, 2019. No probate estate has been opened for Myers per the Vermont Superior Court, Rutland Probate Division. See attached Vermont Certificate of Death & Obituary.
5. The last known legal occupant of the Mobile Home was Myers. The last known unauthorized occupants of the mobile home were Janet & Andrew Lafayette, Jr. (Myer's daughter and son-in-law) who were evicted from the mobile home on September 2, 2021 by court order pursuant to 12 V.S.A. § 4853b. See The Housing Foundation, Inc. v. Lafayette et. al., Vermont Superior Court, Rutland Civil Division, Case No. 82-2-20 Rdcv. The mobile home has been unoccupied since the Writ of Possession was executed by the Rutland County Sheriff's Department.
6. HFI has communicated with Myers's heirs-at-law, daughters Janet Lafayette and Stacy Towne. Janet Lafayette and Andrew Lafayette, Jr. indicated on July 29, 2021 at the hearing in the above-matter that the mobile home needs to be torn down. At that same hearing, Stacy Towne indicated that prior to her death, Myers had verbally stated that she was leaving the mobile home to Stacy Towne's daughter and Stacy Towne wished to reside in the mobile home with her daughter. HFI forwarded an application for occupancy in the park to Stacy Towne on July 30, 2021. On September 9, 2021 Stacy Towne communicated via telephone to HFI's Counsel that she was not going to complete the application as she would not qualify to live in the park. Stacy Towne indicted that she wanted some personal items from the shed, she didn't care about the trailer and after she obtained the personal items, HFI could consider the mobile home abandoned.
7. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:
a. Myers is in arrears on obligations to pay property taxes to the Town of Clarendon, Vermont in the aggregate amount of $195.69, plus any additional interest and penalties. The delinquent property taxes are now a lien on the property. See attached Tax Bill & Delinquent Tax Report.
8. Mobile home storage fees continue to accrue at the rate of $426.00 per month. Rent due HFI as of October, 2021 totals $8,844.58. Court costs and attorney's fees incurred by HFI exceed $2,000.00.
9. HFI sent written notice by certified mail to the Town of Clarendon on September 9, 2021 of HFI's intent to commence this abandonment action as required by statute. See attached.
10. The mobile home is uninhabitable. Property Manager Thomas Young, duly authorized agent for HFI, 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 has been abandoned;
2. Transfer the mobile home which is unfit for human habitation to 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 HFI in "as is" condition, and free from all liens and other encumbrances of record.
DATED this 19th day of October, 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.
October 19, 2021
By: Thomas Young, Duly Authorized Agent for HFI