State of Vermont Superior Court Civil Division Rutland Unit Case No. 23-Cv-00665 in Re: Abandoned Mobile Home of Neal Hier 

NOTICE OF HEARING

A hearing on Windy Hollow Mobile Home Cooperative, Inc.'s Verified Complaint to declare as abandoned the mobile home of Neal Hier located at the Windy Hollow Mobile Home Park, 609 River Street, Lot #37 in Castleton, Vermont and authorize the sale by auction has been set for April 4, 2023 at 11:00 a.m. To participate in this remote hearing, the WEBEX Login Information is as follows:

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Meeting Number (access code): 179 381 8436

Password: civilonhill

If you do not have a computer or sufficient bandwidth, you may call 1-802-636-1108 to appear by phone. (This is not a tollfree number). You will then enter the meeting 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) 775-4394.

Date: 3/15/2023 Nichol McKeighan, Deputy Clerk

VERIFIED COMPLAINT FOR ABANDONMENT

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

NOW COMES Windy Hollow Mobile Home Cooperative, Inc. ("Windy Hollow"), by and through its counsel Nadine L. Scibek, and hereby complains as follows:

1. Windy Hollow, a Vermont cooperative corporation with a principal place of business in Castleton, County of Rutland, State of Vermont, is the record owner of a mobile home park known as the Windy Hollow Mobile Home Park (the "Park") located in the Town of Castleton, Vermont.

2. Neal Hier ("Hier") is the record owner of a certain mobile home described as a 1985 Champion Titan, 14' x 70', bearing serial No. 196-397-2555 (the "Mobile Home"), located at the Windy Hollow Mobile Home Park, 609 River Street, Lot #37 in Castleton, Vermont. See attached Vermont Mobile Home Uniform Bill of Sale.

3. Hier leased the Lot in the Park from Windy Hollow for his mobile home pursuant to an written lease. No security deposit was paid. See attached Member Occupancy Agreement.

4. Hier's last known mailing address is 609 River Street, Lot #37, Castleton, VT 05735.

5. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Hier and he was evicted from the Park for non-payment of rent on October 19, 2022. Judgment was entered against him on September 16, 2022 in the amount of $1,090.00. Pursuant to Paragraph 7 of the Court Order, Hier had until January 3, 2023 to sell or remove the Mobile Home from the Park, otherwise the Mobile Home would be deemed abandoned. See Windy Hollow Mobile Home Cooperative, Inc. v. Hier, Vermont Superior Court, Rutland Civil Unit, Case No. 22-CV-02689. See attached Stipulated Judgment Order & Order of Possession, Writ of Possession and Sheriff's Return of Service.

6. Park's Counsel communicated in writing with Hier on November 3, 2022. On January 3, 2023 Hier contacted the Park and requested an additional 30 days to remove the Mobile Home from the Park. Hier has still failed to remove the Mobile Home from the Park and has not contacted Windy Hollow since. See attached.

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

a. Property taxes to the Town of Castleton are current according to the Town Clerk. See attached Tax Bill.

8. Licensed auctioneer Uriah Wallace is a person disinterested in the mobile home and the mobile home park who is able to sell the Mobile Home at a public auction.

9. Mobile home storage fees continue to accrue at the rate of $360.00 per month. Rent due Windy Hollow as of February, 2023 totals $1,810.00. See attached accounting. Court costs and attorney's fees incurred by Windy Hollow exceed $1,000.00.

10. Windy Hollow sent written notice by certified mail to the Town of Castleton on January 5, 2023 of Plaintiff's intent to commence this 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 fifteen (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 and against the Mobile Home for past due rent and mobile home storage charges through the date of judgment, together with the Park's court costs, attorney's fees, publication and mailing costs, auctioneer's costs, winterization costs, lot cleanup charges incurred in connection with this matter and any other costs incurred by Park herein.

DATED this 15th day of February, 2023.

WINDY HOLLOW MOBILE HOME COOPERATIVE, INC.

BY: Nadine L. Scibek

Attorney for Windy Hollow

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.

February 15, 2023

By: Silvia Iannetta

Duly Authorized Agent for Windy Hollow