VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. 62497) (UNINHABITABLE)
NOW COMES Plaintiff North Avenue Cooperative, Inc. by and through its counsel Brian P. Creech, Esq. of Sheehey Furlong & Behm P.C., and hereby makes this complaint:
1. Plaintiff North Avenue Cooperative, Inc. is a Vermont Cooperative Housing Corporation which was formed by the owners of mobile homes to own and manage the North Avenue Mobile Home Park (the “Park”).
2. Brittany Kivela (the “Defendant”) is the record owner of a certain 1994 Champion Titan Riverbirch mobile home, Serial Number 9339, with a total of 980 square feet (the “Mobile Home’) located in the Park at 48 Avenue C in Burlington, Vermont (the “Lot”).
3. Defendant’s last known mailing address is P.O. Box 5713, Burlington, VT 05402.
4, Defendant leased a lot in the Park under the terms of a written uniform Mobile Home Lot Lease. Plaintiff has determined, pursuant to 10 V.S.A. § 6248, that Defendant has abandoned the Mobile Home because it is under a reasonable belief that the Mobile Home is not being occupied as a residence, rent for the Lot is at least 30 days delinquent, and Plaintiff has contacted the owner and determined that she has abandoned the Mobile Home. See Confirmation of Abandonment of Mobile Home Pursuant to 10 V.S.A. § 6248 attached hereto as Exhibit 1; see also § 8 below; Affidavit of Timothy Seagroves filed concurrently herewith (the “Affidavit”).
5. The last known resident at the Mobile Home was Defendant Brittany Kivela.
6. No liens or encumbrances appear of record with respect to the mobile home.
7. The Mobile Home is unsafe and unfit for habitation. The Affidavit, filed herewith, verifies the uninhabitable condition of the Mobile Home.
8. Mobile Home Lot rent has not been paid since September 2025 and continues to accrue at the rate of $435.00 per month. Rent owed to North Avenue Cooperative, Inc. as of June 16, 2026, totals $4,600.00. A true and accurate statement of amounts owed is attached as Exhibit 2. Court costs and attorneys’ fees incurred by North Avenue Cooperative, Inc. continue to accrue.
9. Plaintiff sent written notice by certified mail to the Burlington City Clerk on May 27, 2026 of Plaintiff’s intent to commence this action, as required by 10 V.S.A. § 6248(b). A true and accurate copy of said notice, along with proof of delivery, is attached hereto as Exhibit 3.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order as follows:
1. Declaring that the mobile home has been abandoned;
2. Declaring that the mobile home is unfit for human habitation pursuant to 10V.S.A. §6249(i);3. Approving transfer of the mobile home to the Plaintiff without a public sale in “as is” condition, free and clear of all liens, taxes and all other encumbrances of record pursuant to 10 V.S.A. 6249(j).Y)
DATED AT Burlington, this 25th day of June 2026.
NORTH AVENUE COOPERATIVE, INC.
/s/ Brian P. Creech
BY: Brian P. Creech, Esq.
Sheehey Furlong & Behm, P.C.
30 Main Street, 6” Floor
P.O. Box 66
Burlington, VT 05402
(802) 863-9603
Attorneys for North Avenue Cooperative, Inc.
I understand that the statements in the above Complaint are true and accurate to the best of my knowledge and belief.
DATED AT Burlington, Vermont this 25th day of June 2026.
/s/ Timothy Seagroves
Timothy Seagroves,
Duly Authorized Agent of
NORTH AVENUE COOPERATIVE, INC.
STATE OF VERMONT
CHITTENDEN COUNTY, SS
At Burlington, in said County and State, this 25th day of June 2026, personally appeared Timothy Seagroves, Duly Authorized Agent of North Avenue Cooperative,Inc., and he swore to the truth of the foregoing.
Before me,
/s/Brian P. Creech
Brian P. Creech
Notary Public
Commission Expires: 01/31/2027
Commission Number: 1570008326