IN RE: ABANDONED MOBILE HOME OF CHRISTOPHER TILFORD

VERIFIED COMPLAINT

NOW COMES Plaintiff Breezy Acres Cooperative, Inc. 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 Christopher Tilford (deceased) is the record owner of a certain mobile home in the Park, described as a 1991 Commodore Parkhill, 14×70, Serial Number CP 22282 A and located at #95 Breezy Acres Park in Colchester, Vermont.

3. Defendant Tilford’s last known mailing address is 96 4th Street in Colchester, VT.

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 July 20, 2020 and no one has resided at the mobile home since that time

5. The last known resident at the mobile home was Mr. Tilford.

6. Upon information and belief, Amy Brown, surviving family member of Defendant Tillford , has abandoned any interest in the mobile home. No petition to open a probate estate has been filed for Tilford per the Chittenden Probate Division.

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

a. Vanderbilt Mortgage and Finance UCC lien

b. Delinquent Property taxes to the Town of Colchester, Vermont in the amount of $2,520.87 through April 3, 2023.

7. Mobile home lot rent has not been paid since December 2022 and continues to accrue at the rate of $540.00 per month. Rent due to Breezy Acres Cooperative, Inc. as of May 5, 2023 totals $2,700.00. Court costs and attorney’s fees incurred by Breezy Acres Cooperative continue to accrue.

8. Plaintiff sent written notice to the Town Clerk of the Town of Colchester on April 6, 2023 of Plaintiff’s intent to commence this action.

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 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 and enforcement of the Lease.

DATED AT Burlington, this 16th day of May, 2023.

BREEZY ACRES COOPERATIVE, INC.

/s/Steven J. Kantor, Esq.

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 Colchester, Vermont this 15th day of May, 2023.

/s/Jessica Blanchard-Patenaude

Duly Authorized Agent of Breezy Acres Cooperative, Inc.

STATE OF VERMONT

CHITTENDEN COUNTY, SS.

At Colchester, in said County and State, this 15th day of May, 2023, personally appeared Jessica Patenard, Duly Authorized Agent of Breezy Acres Cooperative, Inc., and he/she/they swore to the truth of the foregoing.

Before me,

/s/ Scott Michaud

Notary Public

Print Name: Scott Michaud

Commission Expires: 1/31/2025

Commission No.: 157.0010133