Superior Court Civil Division Chittenden Unit Docket No: 23-CV-03306
In Re: Abandoned Mobile Home
Of John Bailey
Verified Complaint
NOW COMES Breezy Acres Cooperative, Inc. (hereafter “Plaintiff”) by and through counsel Steven J. Kantor, and hereby makes this complaint:
1. Plaintiff, with a principal business located in Colchester, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as Breezy Acres Mobile Home Park, located in the Town of Colchester, Vermont.
2. Defendant John Bailey (deceased) is the record owner of a certain mobile home in the Park, described as a 1976 Skyline, 14×70, Serial Number 2015534-J and located at 158 4 th Street in Breezy Acres Park in Colchester, Vermont.
3. Defendant Bailey’s last known mailing address is 158 4 th Street in Colchester, Vermont.
4. Defendant leased a lot in Breezy Acres Mobile Home Park under the terms of a written uniform Mobile Home Lot Lease. He passed away on October 24, 2022 and no one has resided at the mobile home since that time.
5. The last known resident at the mobile home was Mr. Bailey.
6. Upon information and belief, surviving family members have abandoned interest in the mobile home. No petition to open a probate estate has been filed for John Bailey per the Chittenden Probate Division.
7. There are no liens or encumbrances of record with respect to the mobile home.
7. Mobile home lot rent has not been paid since December 2022 and continues to accrue at the rate of $519.00 per month. Rent and other charges due to Breezy Acres Cooperative, Inc. as of July 18, 2023 total $4,902.00. Court costs and attorney’s fees incurred by Breezy Acres Cooperative continue to accrue. No security deposit for this mobile home is held by the Park Owner.
8. Plaintiff sent written notice to the Town Clerk of the Town of Colchester on June 9, 2023 of Plaintiff’s intent to commence this action. No taxes are reported to be delinquent.
9. Charles Bolton is a person disinterested in the mobile home or mobile home park who is able to sell the mobile home at a public auction.
WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order as follows:
1. declaring that the mobile home has been abandoned; and
2. 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); and
3. granting judgment in favor of Plaintiff and against the mobile home for past due and unpaid rent and other charges 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, pursuant to 10 V.S.A. 6249(h)(7)(B).
DATED AT Burlington, this 31st day of July, 2023.
BREEZY ACRES COOPERATIVE, INC.
/s/ Steven J. Kantor
Steven J. Kantor, Esq.
Doremus Kantor & Zullo
346 Shelburne Road, Suite 603
P.O. Box 445
Burlington, VT 05402-0445
(802) 863-9603
Attorney for Breezy Acres Cooperative, Inc.
DATED AT South Burlington, Vermont this 31 day of July, 2023.
/s/ Scott Michaud
Duly Authorized Agent of Breezy Acres
Cooperative, Inc.
State Of Vermont
Chittenden County, Ss. At Williston, Chittenden VT in said County and State, this 31 day of July, 2023, personally appeared Scott Michaud, Duly Authorized Agent of Breezy Acres Cooperative, Inc., and he/she/they swore to the truth of the foregoing.
Before me,
/s/ Melanie Rodney
Notary Public
Print Name: Melanie Rodney
Commission Expires: 1/31/2025
Commission No.: 157.0010388