IN RE: ABANDONED MOBILE HOME OF JOYCE FOLEY

VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO TITLE 10 V.S.A. § 6249(i} (Uninhabitable)

NOW COMES Falcon Management Company, Inc., by and through counsel Peter B. Schubart, and hereby complains pursuant to Title 10 V.S.A. § 6249(i) as follows:

1. Falcon Management Company, Inc., a Vermont domestic business corporation with a principal place of business in the Town of Richmond, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as the Riverview Commons Mobile Home Park (the “Park”), located in Richmond, Vermont.

2. Joyce Foley is the record owner of a certain mobile home (the “Mobile Home”) described as 1971 Price Meyers, Model Oxford, 12’ x 68’ (Serial no.0521-P1333) located at the Riverview Commons Mobile Home Park, Lot #119, 44 Meadow Lane in Richmond, Vermont. A Mobile Home Bill of Sale dated December 1, 2004, is of record in the Town of Richmond Land Records in Volume 160 at Page 392. (A copy of the first page of said bill of sale is attached hereto as Exhibit 1)

3. Joyce Foley leased a lot in the Park from Falcon Management Company pursuant to a written lease. There is a security deposit in the amount of $40.00.

4. Joyce Foley is deceased. A copy of her Death Certificate is attached hereto as Exhibit 2. A review of the Vermont Judiciary website indicates that no Probate Estate has been opened for Joyce Foley.

5. The mobile home has been abandoned and is empty. Falcon Management Company, Inc. evicted Michael Dutkiewicz from mobile home on lot #119 in the park (Chittenden Unit Civil Docket no. 24-CV-04592, Falcon Management Company Inc. v. Michael Dutkiewicz) and more than ninety days have elapsed since the Sheriff’s office put Falcon Management Company, Inc. in possession of the lot by shutting off power and water to the home and changing the locks on or about December 1, 2025. To date, no party has made effort to remove the mobile home.

6. Falcon Management Company, Inc. has had no communication with the last known occupant of the mobile home, Michael Dutkiewicz. An attempt to contact him was made by sending an email to him at his last known email address of: MichaelDutkiewicz942@gmail.com.

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

1. Taxes are owed to Town of Richmond in the amount of $2,773.02.

2. Mobile home storage fees continue to accrue at the rate of $615.00 per month.

3. Unpaid Rent since Judgement, Judgment amount, and service fees due Falcon Management Company, Inc. as of July 22, 2025 total $15,468.21. Attorney fees and expenses since July, 22, 2025 incurred by Falcon Management Company, Inc. are $1,426.71.

Falcon Management Company, Inc. sent written notice by certified mail to the Town of Richmond on March 3, 2026 of intent to commence this action. (See attached Exhibit 3).

The mobile home is uninhabitable. Jeffrey Bishop, Property Manager for the Park, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing. (Exhibit 4)

WHEREFORE, Falcon Management Company, Inc. 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 Park owner Falcon Management Company, Inc. without a public auction so that it may be removed and disposed of accordingly.

3. Order pursuant to 10 V.S.A. § 6249(i) that the mobile home and any security deposit paid be conveyed to Falcon Management Company, Inc. in “as is” condition, and free from all liens and other encumbrances of record.

DATED AT South Burlington, Vermont this 24th day of March, 2026.

Falcon Management Company, Inc

By: /s/ Peter B. Schubart

Peter B. Schubart, Esq.,

80 Midas Drive, South Burlington, VT 05403

(802) 829-0237/ peter@schubartlaw.com