IN RE: ABANDONED MOBILE HOME OF ERIK FREEMAN (a/k/a ERIC FREEMAN)

NOTICE OF HEARING

A hearing on Ship Sevin, LLC’s Verified Complaint to declare as abandoned and uninhabitable the mobile home of Erik Freeman (a/k/a Eric Freeman) located at the Triple L Mobile Home Park, Lot #4, 182 Hillview Terrace in Hinesburg, Vermont has been set for Thursday, June 8, 2023 at 8:30 a.m. You may participate in the hearing either in person at the Vermont Superior Court, Chittenden Unit, Civil Division located at 175 Main Street in Burlington, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:

App: Cisco Webex Meeting
Website: https://vtcourts.webex.com
Meeting Number: 129 647 6521
Password: CIVIL2

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). 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) 863-3467.

Date: May 23, 2023
Nancy L. Bean, Judicial Assistant

VERIFIED COMPLAINT FOR ABANDONMENT

PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable)

NOW COMES Ship Sevin, LLC (“Ship Sevin”), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) 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 Triple L Mobile Home Park (the “Park”), located in the Town of Hinesburg, Vermont.

2. Erik Freeman (a/k/a Eric Freeman) (“Freeman”) is the record owner of a certain mobile home (the “Mobile Home”) described as 1973 Craftmade, 12′ x 60, Serial #110278, located at the Triple L Mobile Home Park, Lot #4, 182 Hillview Terrace in Hinesburg, Vermont according to the Town of Hinesburg Land Records. See attached Vermont Mobile Home Bill of Sale.

3. Freeman leased a lot in the Park from Ship Sevin pursuant to a written lease. Freeman paid no security deposit to Ship Sevin. See attached Lease.

4. Freeman’s last known mailing address is 182 Hillview Terrace, Hinesburg, VT 05461.

5. The mobile home has been abandoned and is empty/unoccupied. The last known resident of the mobile home was Freeman. All of Freeman’s personal property is believed to have been removed from the mobile home and utility services have been terminated. The Park’s Counsel has communicated with Freeman with respect to his intentions with his mobile home. Ship Sevin has received no response from Freeman. See attached.

6. Freeman was evicted from the Park for nonpayment of rent on or about January 25, 2023 by the Chittenden County Sheriff’s Department. The mobile home has been vacant since that time. The Court issued a Judgment and Writ of Possession to Ship Sevin on January 6, 2023. See Ship Sevin, LLC v. Freeman, Vermont Superior Court, Chittenden Civil Unit, Case No. 22-CV-04555. See attached.

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

a. Freeman is in arrears on obligations to pay property taxes to the Town of Hinesburg, Vermont in the aggregate amount of $10,199.60, plus interest and penalties. See attached copy of Tax Bill and Delinquent Tax Report.

8. Mobile home storage fees continue to accrue at the rate of $407.00 per month. Rent/ storage fees due Ship Sevin through May, 2023 total $2,348.00. Attorney’s fees and court costs incurred by Ship Sevin currently exceed $3,000.00.

9. Ship Sevin sent written notice by certified mail to the Town of Hinesburg on April 7, 2023 of its intent to commence this action. See attached.

10. The mobile home is uninhabitable. Cindy Whitham, Property Manager, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.

WHEREFORE, Ship Sevin 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 the Park owner without a public auction so that it may be removed and disposed of accordingly.

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

DATED this 22nd day of May, 2023.

SHIP SEVIN, 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.

May 22, 2023
By: Cindy Whitham

Duly Authorized Agent for Ship Sevin