IN RE: ABANDONED MOBILE HOME OF CHERYL KENNEDY

VERIFIED COMPLAINT

NOW COMES Westbury Homeowners Association, Inc., (hereafter “Plaintiff’) by and through counsel Steven J. Kantor, and hereby makes this complaint:

1. Plaintiff, a Vermont non-profit corporation with a principal business located in Colchester, County of Chittenden, State of Vermont, is the record owner of a mobile home park known as Westbury Park, located in the Town of Colchester, Vermont.

2. Cheryl Kennedy (“Kennedy”) is the sole record owner of a certain mobile home in the Park, described as a 1991 Redman FB 3/2, 14×70, Serial Number 12221779 and located at 74 Shannon Road in Westbury Park in Colchester, Vermont. See Exhibit A -attached Bill of Sale.

3. Kennedy is deceased. Her date of death is October 1, 2022. See Exhibit B – attached obituary.

4. No petition to open a probate estate has been filed for Kennedy per the Chittenden County Probate Court.

4. Kennedy leased a lot in Westbury Park under the terms of a written uniform Mobile Home Lot Lease.

5. The last known resident at the mobile home was Jordan Delage, grandson of Cheryl Kennedy, who vacated and abandoned the home on or before November 30, 2024. The mobile home is abandoned and unoccupied.

6. The following liens and encumbrances appear of record with respect to the mobile home:

a. Delinquent Property Taxes to the Town of Colchester, Vermont in the amount of $2,658.51.

7. The mobile home is uninhabitable. Scott Michaud, Property Manager and duly authorized agent for the Plaintiff, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing.

8. Mobile home lot rent is current, but mobile home storage fees continue to accrue at the rate of $565 per month. Court costs, publication costs, and attorney fees from this action continue to accrue.

9. Plaintiff sent written notice by certified mail to the Town of Colchester on November 22, 2024 of Plaintiff’s intent to commence this action as required by the statute. See Exhibit C – attached letter to Town.

WHEREFORE, Plaintiff respectfully requests that the Honorable Court enter an order as follows:

1. Declare that the mobile home has been abandoned; and

2. Declare that the mobile home is unfit for human habitation pursuant to 10 V.S.A. §6249(i);

3. Transfer the mobile home to the Plaintiff without a public auction so that it may be removed and disposed of accordingly;

4. Order pursuant to 10 V.S.A. 6249(i) that the mobile home and any security deposit paid be conveyed to Plaintiff in “as is” condition and free and clear of (1) all liens, (2) all property taxes, penalties and interest, and (3) all other encumbrances of record.

DATED AT Burlington, this 13th day of December, 2024.

WESTBURY HOMEOWNERS ASSOCIATION, INC.

/s/ Steven J. Kantor, Esq. Doremus Kantor & Zullo
346 Shelburne Road, Suite 603
P.O. Box445
Burlington, VT 05402-0445
(802) 863-9603

Attorney for Westbury Homeowners Association, Inc.

DATED AT Williston, Vermont this 4th day of December, 2024.

/s/ Scott Michaud
Scott Michaud, Duly Authorized Agent of Westbury Homeowners Association, Inc.

STATE OF VERMONT CHITTENDEN COUNTY

At Williston, in said County and State, this 4th day of December, 2024, personally appeared Scott Michaud, Duly Authorized Agent of Westbury Homeowners Association, Inc., and he 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