In Re: Abandoned Mobile Home

Of Dana Patten

NOTICE OF HEARING

A hearing on The Housing Foundation, Inc.’s Verified Complaint to declare as abandoned the mobile home of Dana Patten located at the Evergreen Manor Mobile Home Park, Lot #32, 236 Evergreen Manor Drive in Hardwick, Vermont and to authorize the sale by auction has been scheduled on November 18, 2024 at 3:30 p.m. You may participate in the hearing either in person at the Vermont Superior Court, Caledonia Unit, Civil Division located at 1126 Main Street, Suite 1 in St. Johnsbury, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:

App: Cisco Webex Meetings

Website: https://vtcourts.webex.com

Meeting Number: 2330 032 4881

Password: PJf2yxMmg62

If you do not have a computer or sufficient bandwidth, you may call (802) 636-1108 to appear by phone. (This is not a toll free number). When prompted enter the meeting ID number listed above, followed by the pound symbol (#). You will be prompted to enter your attendee number (which you do not have). Instead, press pound (#). If you have technical difficulties, call the Court at (802) 748-6600.

Date: October 18, 2024 Civil Division Clerk

VERIFIED COMPLAINT FOR ABANDONMENT

PURSUANT TO 10 V.S.A. § 6249(h) (Auction)

NOW COMES Lamoille Housing Partnership, Inc. (“LHP”), by and through its counsel Nadine L. Scibek, and hereby complains as follows:

1. LHP, a Vermont non-profit corporation with a principal place of business in Morrisville, County of Lamoille, State of Vermont, is the record owner of the Evergreen Manor Mobile Home Park (the “Park”) located in the Town of Hardwick, Vermont. The Park is managed by Alliance Property Management, Inc.

2. Dana Patten (“Dana”) is the record owner of a certain mobile home described as a 1975 Greenbriar mobile home, 14′ x 70′, bearing serial No. 476960 (the “Mobile Home”), located on Lot #32, Evergreen Manor Mobile Home Park, 236 Evergreen Manor Drive in Hardwick, Vermont (the “Lot”). See attached Vermont Mobile Home Uniform Bill of Sale.

3. Patten purchased the Mobile Home on May 12, 2023 from Corey Draper. Patten did not notify LHP when he became the record owner of the Mobile Home, nor did he complete an application to reside in the Park nor sign a lease with LHP. Draper paid the lot rent through May, 2023.

4. Upon learning of the sale from Draper and obtaining contact information for Patten, LHP called Patten and mailed him an application. LHP has never received a completed application back from him after sending him several after the sale. LHP contacted Patten on August 11, 2023 in writing informing him that he must complete an application, be approved by LHP and sign a Lease to reside in the Park. LHP also informed Patten that rent on the Lot was delinquent and all back rent from the date of purchase must be paid. See attached 8/11/23 letter to Patten.

5. LHP did not hear from Patten again until the beginning of January, 2024 when he called to advise that he may have a buyer for the Mobile Home. LHP sent Patten applications. No application was returned.

6. On May 10, 2024 LHP’s Counsel communicated in writing to Patten via email and 1st Class Mail to his last known addresses. LHP’s Counsel received no response from Patten. See attached.

7. At the end of May, 2024 a potential buyer called LHP and sent the buyer an application. No application was received back. On May 29 & 30, 2024 Patten left LHP voicemails about a potential buyer and the sale of the Mobile Home. Patten advised he would call back and he did not until June 12, 2024 when he left a voicemail and requested a call back. LHP attempted several times to call Patten back, but the phone number he left with no answer and no ability to leave a message. This was the last contact from Patten.

8. On August 1, 2024 Draper (prior owner) called LHP’s Counsel to advise that he was trying to buy back the Mobile Home from Patten. Counsel emailed Draper to relay what he would need to do to buy back the Mobile Home and advised that the outstanding lot rent would need to be paid. There has been no further contact from Draper.

9. The last known legal occupants of the Mobile Home were Harold Patten & Christine Pomer. Harold Patten died in 2021 and Christine Pomer sold the Mobile Home to Draper. Draper did not live in the Mobile Homes. He renovated it and sold it to Patten without LHP’s permission. The Mobile Home has never been occupied by Patten. There is no power or water to the Mobile Home. The Mobile Home has been sitting on LHP’s property for 17 months with no sale or payment.

10. Patten’s last known addresses are P.O. Box 97, Hardwick, VT 05843 and 27 Lower Prospect Street, Hardwick, VT 05843. The P.O Box is still a good address for Patten as that is the address he reports to the Vermont Superior Court for his pending criminal and family court cases. The physical address is no longer valid as that property was foreclosed on ((23-CV-04065) and Patten is no longer living there.

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

a. Property taxes to the Town of Hardwick were paid in full through June 30, 2024. Town Clerk advised the Mobile Home has been removed from the Grand List for the 2024/2025 tax year. See attached Tax Bill and email from Town Clerk.

12. Uriah Wallace, a duly licensed Vermont auctioneer, is a person disinterested in the Mobile Home and the Park who is able to sell the mobile home at a public auction.

13. Mobile home storage fees continue to accrue at the rate of $384.00 per month. Rent/storage fees due to the Park as of October, 2024 total $6,320.00. Court costs and attorney’s fees incurred by the Park in this action currently exceed $1,000.00. No security deposit was paid.

14. The Park sent written notice by certified mail to the Town of Hardwick on May 10, 2024 of its intent to commence this abandonment 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 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 LHP and against the mobile home for past-due and unpaid rent/storage charges through the date of judgment, together with LHP’s court costs, publication and mailing costs, auctioneer’s costs, winterization costs, lot cleanup charges, attorney’s fees incurred in connection with this matter and any other costs incurred by LHP herein.

DATED AT Burlington, Vermont this 18th day of October, 2024.

LAMOILLE HOUSING PARTNERSHIP, INC.

BY: Nadine L. Scibek

Attorney for LHP

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 18, 2024 By: Shawna Hanley

Duly Authorized Agent for LHP