State of Vermont Superior Court Civil Division Lamoille Unit Case No. 23-Cv-00221
IN RE: ABANDONED MOBILE HOME OF MICHAEL SYLVESTER, JR.

Notice of Hearing

A hearing on Ship Sevin II, LLC’s Verified Complaint to declare as abandoned the mobile home of Michael Sylvester, Jr. located at the Pinecrest Mobile Home Park, Lot #51, 15 First Street in Morrisville, Vermont and to authorize the sale by auction has been set for February 14, 2023 at 3:30 p.m. You may participate in the hearing either in person at the Vermont Superior Court, Lamoille Unit, Civil Division located at 154 Main Street in Hyde Park, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:

App: Cisco Webex Meeting

Website: https://vtcourts.webex.com

Meeting Number: 2331 913 0947

Password: XNexE7mPB73

If you do not have a computer or sufficient bandwidth, you may call (802) 636-1108 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: January 17, 2023 Civil Division Clerk

VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. § 6249(h) (Auction)

NOW COMES Ship Sevin II, LLC (“Ship Sevin”), by and through its counsel Nadine L. Scibek, and hereby complains 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 Morrisville, Vermont.

2. Michael Sylvester, Jr. is the record owner of a certain mobile home described as a 1979 Skyline, 14′ x 70′, bearing serial No. 0116-0398N (the “Mobile Home”), located at the Pinecrest Mobile Home Park, Lot #51, 15 First Street in Morrisville, Vermont according to the Town of Morristown Land Records. See attached Vermont Mobile Home Uniform Bill of Sale.

3. Sylvester leased the Lot in the Park from Ship Sevin for his mobile home pursuant to an written lease. See attached Lease.

4. Sylvester’s last known mailing address is 15 First Street, Morrisville, VT 05661.

5. Sylvester was evicted from the Park for non-payment of lot rent on August 24, 2022. A Judgment Order for the outstanding lot rent and court costs was entered against Sylvester on August 5, 2022 in the amount of $4,336.43. See Ship Sevin II, LLC v. Sylvester, Jr., Vermont Superior Court, Lamoille Civil Unit, Case No. 22-CV-01550. See attached Judgment Order, Writ of Possession & Sheriff’s Return of Service.

6. The last known resident of the mobile home was Sylvester. Utility services have been terminated to the Mobile Home.

7. Ship Sevin’s Counsel has attempted to communicate in writing with Sylvester by first class mail regarding his intentions with the mobile home. He has failed to respond. See attached.

8. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home:

a. Sylvester is in arrears on obligations to pay property taxes to the Town of Morristown, Vermont in the aggregate amount of $101.20, plus any additional interest and penalties. The delinquent property taxes are now a lien on the property. See attached Delinquent Tax Statement and current Tax Bill.

9. Licensed auctioneer Uriah Wallace is a person disinterested in the mobile home and the mobile home park who is able to sell the mobile home at a public auction.

10. Mobile home storage fees continue to accrue at the rate of $366.15 per month. Rent due Ship Sevin as of January, 2023 totals $2,589.60. See attached accounting. Court costs and attorney’s fees incurred by Ship Sevin exceed $3,000.00.

11. Ship Sevin sent written notice by certified mail to the Town of Morristown on November 4, 2022 of Plaintiff’s intent to commence this action. See attached.

WHEREFORE, the Park Owner respectfully requests that the Honorable Court enter an order as follows:

1. Declare that the Mobile Home has been abandoned;

2. Approve the sale of the Mobile Home at a public auction to be held within fifteen (15) days of the date of judgment, pursuant to 10 V.S.A. § 6249(h); and

3. Grant judgment in favor of the Park Owner and against the Mobile Home for past due rent and mobile home storage charges through the date of judgment, together with Park Owner’s court costs, attorney’s fees, publication and mailing costs, auctioneer’s costs, winterization costs, lot cleanup charges incurred in connection with this matter and any other costs incurred by Park Owner herein.

DATED this 17th day of January, 2023.

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.

January 17, 2023 By: Cindy Whitham

Duly Authorized Agent for Ship Sevin