In Re: Abandoned Mobile Home of Beth Price

Notice Of Hearing

A hearing on the The Housing Foundation, Inc.’s Verified Complaint to declare abandoned and uninhabitable the mobile home of Beth Price located at the Derby Mobile Home Park, Lot #C-15, 2477 US Route 5 in Derby, Vermont has been set for November 6, 2024 at 10:30 a.m. You may participate in the hearing either in person at the at the Vermont Superior Court, Orleans Unit, Civil Division located at 247 Main Street in Newport, Vermont or remotely via WEBEX video. The WEBEX Login Information is as follows:

App: Cisco Webex Meeting

Website: https://vtcourts.webex.com

Meeting Number: 2338 917 6288

Password: OrleansCivil

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) 334-3305.

Date: October 8, 2024 Civil Division Clerk

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

NOW COMES The Housing Foundation, Inc. (“HFI”), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows:

1. HFI, a Vermont non-profit corporation with a principal place of business in Montpelier, County of Washington, State of Vermont, is the record owner of a mobile home park known as the Derby Mobile Home Park (the “Park”), located in the Town of Derby, Vermont. The Park is managed by the Vermont State Housing Authority.

2. Beth Price (“Price”) is the record owner of a certain mobile home described as a 1973 Skyline, 14′ x 70′, bearing Serial #148200 (the “Mobile Home”), located at the Derby Mobile Home Park, Lot #C-15, 2477 US Route 5 in Derby, Vermont according to the Town of Derby Land Records. See attached Vermont Mobile Home Bill of Sale.

3. Price leased a lot in the Park from HFI pursuant to a written lease. Price paid a security deposit in the amount of $356.00 to HFI. Price’s father Geoffrey Price signed the lease as a guarantor. Geoffrey Price never resided in the Mobile Home and has no ownership interest in the Mobile Home. See attached Lease.

4. Price’s last known mailing address is Derby Mobile Home Park, 2477 US Route 5, Lot #C-15, Derby, VT 05829.

5. The mobile home has been abandoned and is empty/unoccupied. The last known resident of the mobile home was Price. All of Price’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 Price with respect to her intentions with her mobile home with no response from Price. See attached.

6. Price was evicted from the Park for nonpayment of rent on or about March 20, 2024 by the Orleans County Sheriff’s Department. The mobile home has been vacant since that time. The Court issued a Partial Judgment for Possession and Writ of Possession to HFI on February 1. 2024 and a Judgment Order on June 7, 2024. See The Housing Foundation, Inc. v. Price, Vermont Superior Court, Orleans Civil Unit, Case No. 23-CV-03852. See attached.

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

a. Price is in arrears on obligations to pay property taxes to the Town of Derby, Vermont in the aggregate amount of $346.55, plus interest and penalties. See attached copy of Tax Bill and email from Town Attorney.

8. Mobile home storage fees continue to accrue at the rate of $432.00 per month. Rent/ storage fees due HFI through October, 2024 total $6,919.25. Attorney’s fees and court costs incurred by HFI currently exceed $2,000.00.

9. HFI sent written notice by certified mail to the Town of Derby on June 27, 2024 of its intent to commence this action. See attached.

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

WHEREFORE, HFI 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.

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 8th day of October, 2024.

THE HOUSING FOUNDATION, INC.
BY: Nadine L. Scibek
Attorney for HFI

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 8, 2024 By: Thomas Young
Duly Authorized Agent for HF