NOTICE OF HEARING

Trek Communities, LLC v. Stanley DeGray (deceased)

This is to notify you of the following:

Date: May 19, 2025
Time: 9:30am
Duration: 15 Minutes
Hearing RE: Hearing on Complaint for Abandonment of Mobile Home

Date: 4/30/2025 Civil Court Clerk.

You must attend the hearing remotely.

The WEBES Login Information is as follows:

App: Cisco Webex Meeting

Website: https://vtcourts.webex.com

Meeting Number: 2339 098 0087

Password: Civil1

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) 828-2091.

VERIFIED COMPLAINT FOR ABANDONMENT

NOW COMES Trek Communities, LLC., by and through their attorneys, Bennett & Zaikowski, P.C., and hereby makes this their complaint:

1. Trek Communities, LLC is a Vermont limited liability company which is the record owner of a mobile home park known as East Wind Mobile Home Park, located in the Town of Waterbury Center, Vermont (“the Park”).

2. Trek Communities, LLC is a duly authorized Vermont limited liability company with a principal place of business in Burlington Chittenden County, Vermont. (collectively “Trek”)

3. Stanley E. DeGray (“S. DeGray”) is the owner of a certain mobile home, described as a 1984 Commodore 14′ x 80′ with a serial number of CH8391A (the “Mobile Home”), located on a lot at the Park. Exhibit 1.

4. The last known mailing address for “S.DeGray” is 198 East Wind Drive, Lot 7, Waterbury Center, VT 05677.

5. That upon information and belief Stanley E. DeGray is deceased as of December 12, 2024 and no estate has been opened. Exhibit 2.

6. “S.DeGray” leased a lot in the Park from Trek under the terms of a Lease Agreement and occupied the mobile home lot known as 198 East Wind Drive, Lot #7, Waterbury Center, VT 05677. Exhibit 3.

7. The mobile home has been abandoned. The last known resident at the mobile home was Stanley E. DeGray.

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

a. Upon information and belief, Stanley E. DeGray are in arrears on obligations to pay property taxes to the Town of Waterbury, Vermont.

b. The Vermont Department of Taxes filed a lien against the property due to unpaid taxes by Stanley E. DeGray and said lien has not been discharged by the Vermont Department of Taxes. Exhibit 4.

9. Upon information and belief, the mobile home is unfit for human habitation due to the following issues:

a. The condition of any appliances is unknown;

b. The condition of the electrical fixtures and wiring is unknown;

c. The condition of the heating system is unknown;

d. The fuel oil tank for the home was leaking fuel into the ground and was disconnected by the fuel company at the park owner’s request in July 2024;

e. There was a significant water leak at the home indicating broken pipes; the water has since been turned off to the home;

f. The home is packed full of trash and personal property;

g. Upon information and belief, the home was not winterized after the home was not occupied;

h. The water is currently disconnected to the home;

i. All doors to the home are locked and smoke detector “low battery” beeps can be heard coming from inside the home.

10. The last known employer of “S. DeGray” is unknown.

11. Uriah Wallace is a person disinterested in the mobile home or mobile home park who is able to sell the mobile home at a public auction.

12. Lot rent has not been paid since October 2024 and the outstanding amount owed is $3,504.00 through April 2025.

13. Trek sent written notice to the Town Clerk of the Town of Waterbury on March 12, 2025, of Plaintiffs’ intent to commence this action. See copy of certified letter to Karen Petrovic dated March 12, 2025, attached as Exhibit 5.

14. Trek sent written notice to the Delinquent Tax Assessor of the Town of Waterbury on March 12, 2025, of Plaintiffs’ intent to commence this action. See copy of certified letter to Thomas Leitz dated March 12, 2025, attached as Exhibit 6.

15. Trek sent written notice to the Owner and last known occupant of the Home, Stanley E. DeGray, on March 12, 2025, of Plaintiff’s intent to commence this action. See copy of certified letter to Stanley E. DeGray dated March 12, 2025, attached as Exhibit 7.

16. Trek sent written notice to an interested person, Michael DeGray on March 12, 2025, of Plaintiff’s intent to commence this action. See copy of certified letter to Michael DeGray dated March 12, 2025, attached as Exhibit 8.

17. Trek sent written notice to an interested person, Christopher DeGray on March 12, 2025, of Plaintiff’s intent to commence this action. See copy of certified letter to Christopher DeGray dated March 12, 2025, attached as Exhibit 9.

18. Trek sent written notice to lienholder, the Vermont Department of Taxes on March 12, 2025, of Plaintiff’s intent to commence this action. See copy of certified letter to Commissioner Bill Shouldice dated March 12, 2025, attached as Exhibit 10.

WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order in Plaintiff’s favor as follows:

1. Declaring that the mobile home has been abandoned and is unfit for habitation;

2. Granting judgment in favor of Plaintiff and against the mobile home owner for past due and unpaid rent through the date of judgment, together with Plaintiff’s court costs, publication and mailing costs, and Plaintiff’s counsel fees incurred in connection with this matter.

3. Approving transfer of the mobile home to Trek Communities, LLC pursuant to 10

V.S.A. §6249(i).

4. In the alternative to (3) if the home is found fit for human habitation, approving 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).

Dated at Shelburne, Vermont, this 24 day of April, 2025.

By: Angela N. Zaikowski, Esq.

Attorney for Trek Communities, LLC

VERIFICATION

I declare that the above statements are 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.

Dated at Burlington, Vermont, this 23 day of April, 2025.

David McGee, Property Manager, duly authorized agent for Trek Communities, LLC