IN RE: ABANDONED MOBILE HOMES OF ROBERT R. RUSSELL, JR, MARIA DOUGLAS AND EDWIN DOUGLAS
NOW COMES Plaintiff, St. George Community Cooperative, Inc., by and through counsel Steven J. Kantor, and hereby makes this complaint:
1. Plaintiff, with a principal business located in St George, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as St. George Villa , (the "Park"), located in the Town of St. George, Vermont.
2. Defendant Robert R. Russell Jr. is the owner of a certain mobile home in the Park identified as a 1980 Skyline 14' x 72', serial number: 0316-0645N, presently located at 89 Birch Road, St. George, Vermont.
3. Defendants Robert R. Russell, Jr., Maria Douglas, and Edwin Douglas are listed as owners of a certain mobile home identified as a 1980 Skyline, 14' x 70', serial number: 0647M, presently located at 7873 Route 2A, St. George, Vermont
4. Defendant Russell's last known mailing address is 7873 Route 2A, St. George, Vermont. His place of employment is unknown. Defendants Maria Douglas and Edwin Douglas mailing address and place of employment are unknown.
5. Defendant Russell along with Deanna Russell leased two lots and resided in the Park under the terms of a written uniform Mobile Home Lot Lease. None of the Defendants has paid lot rent for over 2 years. Plaintiff does not hold a security deposit for the leases.
6. On October 5, 2020 this Court evicted Defendant Robert R. Russell, Jr. and Deanna Russell from the Park, in the case St. George Community Cooperative v. Robert Russell and Deanna Russell, Docket No. 792-9-19 Cncv, The Court found the Russells engaged in extremely dangerous conduct by manufacturing illegal drugs in in the Park. The Judgment of Eviction ordered that the Russells remove both mobile homes from the Park within 90 days pursuant to 10 V.S.A. Section 6237(e). The last resident of the mobile homes was Robert R Russell with a last known address of 7873 Route 2A, St. George, Vermont.
7. The Russells failed to sell or remove the mobile homes and instead abandoned both mobile homes in the Park.
8. The following liens and encumbrances appear of record with respect to the mobile homes:
a. Delinquent Property taxes to the Town of St. George, Vermont in the amount of $ 1,808.58 through March 1, 2021.
9. The mobile homes are unsafe and unfit for human habitation. The Affidavit of Phillip Plourde is attached as Exhibit A as verification of the uninhabitable condition of the mobile homes.
10. Mobile home lot rent has not been paid for several years and continues to accrue. Charges for unpaid rent for the two lots, court costs and attorney fees exceed $39,000.00.
11. Plaintiff sent written notice to the Town Clerk of the Town of St. George on December 8, 2020 of Plaintiff's intent to commence this action.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order as follows:
1. declaring that the mobile homes have been abandoned; and
2. declaring that the mobile homes are unfit for human habitation pursuant to 10 V.S.A. §6249(i); and
3. approving transfer of the mobile home to the Plaintiff without a public sale in "as is" condition, free and clear of (1) all liens, (2) all taxes, penalties and interest, and (3) all other encumbrances of record.
DATED AT Burlington, Vermont this 17 day of February 2021.
/s/ Steven J. Kantor, Esq.
Steven J. Kantor, Esq.
Doremus Kantor & Zullo
346 Shelburne Road, Suite 603
P.O. Box 445
Burlington, VT 05402-0445
Attorney for St. George Community Cooperative
DATED AT Williston, Vermont this 17 day of February 2021.
/s/ Philip Plourde
Philip Plourde, President
St. George Community Cooperative, Inc
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
On this 17 day of February 2021, Philip Plourde, President of St. George Community Cooperative, Inc , being first duly sworn, made oath that he has read the foregoing Complaint, and that the facts contained therein are true.
Before me, /s/ Steve W. Fontaine
Printed Name: Steve W. Fontaine
My Commission Expires: 1/31/23