STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WASHINGTON UNIT DOCKET NO. 53-2-19 Wncv IN RE: ABANDONED MOBILE HOME OF CHARLES D. SAWYER II NOTICE OF HEARING A hearing on Weston’s Mobile Home Cooperative, Inc.’s Verified Complaint to declare as abandoned and uninhabitable the mobile home of Charles D. Sawyer II located at the Weston’s Mobile Home Park, 89 Second Street, Lot #65 in Berlin, Vermont has been set for February 25, 2019 at 10:45 a.m. at the Vermont Superior Court, Washington Civil Division, 65 State Street, Montpelier, Vermont. Donna Waters, COM February 7, 2019 VERIFIED COMPLAINT FOR ABANDONMENT PURSUANT TO 10 V.S.A. § 6249(i) (Uninhabitable) NOW COMES Weston’s Mobile Home Cooperative, Inc. (“Weston’s”), by and through its counsel Nadine L. Scibek, and hereby complains pursuant to 10 V.S.A. § 6249(i) as follows: 1. Weston’s, a Vermont cooperative housing corporation with a principal place of business in Berlin, Vermont is the record owner of a mobile home park located in Berlin, Vermont. 2. Charles D. Sawyer II (“Sawyer”) is the record owner of a certain mobile home, described as a 1973 Champion, Titan 575D, 14 x 60 mobile home (the “Mobile Home”), bearing serial number D21335, located on Lot #65, 89 Second Street at Weston’s Mobile Home Park in Berlin, Vermont according to the Town of Berlin Land Records. 3. Sawyer leased a lot in the Park for his mobile home pursuant to an oral lease. No security deposit was paid. 4. Sawyer’s last known mailing addresses are 17 Second Street and 89 Second Street, Berlin, Vermont 05602. 5. The mobile home has been abandoned and is empty. The last known resident of the mobile home was Sawyer. Sawyer was evicted from the Park for non-payment of rent on or about October 10, 2018. A judgment for outstanding rent and court costs was entered against him on September 21, 2018 in the amount of $1,482.92. See Weston’s Mobile Home Cooperative, Inc. v. Sawyer, Vermont Superior Court, Washington Civil Unit, Docket No 468-8-18 Wncv. Sawyer has made no efforts or attempts to remove the home from the Park. 6. The Park’s counsel has attempted to communicate in writing with Sawyer and he has failed to respond. 7. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home: a. Sawyer is in arrears on obligations to pay property taxes to the Town of Berlin, Vermont in the aggregate amount of $356.97, plus any additional interest/penalties. The delinquent property taxes are now a lien on the property. b. Weston’s Mobile Home Cooperative, Inc. v. Sawyer, Judgment Order dated September 21, 2018. c. Vermont Department of Taxes, P.O. Box 588, Montpelier, Vermont 05601-0588. 8. Mobile home storage fees continue to accrue at the rate of $340.00 per month. Lot rent in the amount of $3,185.00 is currently owed to Weston’s. Court costs and attorney’s fees incurred by the Park exceed $1,200.00. 9. The Park sent written notice by certified mail to the Town of Berlin on December 19, 2018 of its intent to commence this abandonment action. 10. The mobile home is unfit for human habitation. Peter Bressett, Duly Authorized Agent for the Park, will testify under oath as to the poor and unlivable condition of this mobile home at the abandonment hearing. 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. Transfer the mobile home which is unfit for human habitation to the Park owner Weston’s without a public auction so that it may be removed and disposed of accordingly. 3. Order pursuant to 10 V.S.A. § 6249(j) that the mobile home and any security deposit paid be conveyed to the Park Owner in “as is” condition, and free from all liens and other encumbrances of record. DATED AT Burlington, Vermont this 31st day of January, 2019. By: Nadine L. Scibek, Attorney for Weston’s DATED this 31st day of January, 2019. By: Silvia Iannetta, Duly Authorized Agent for Weston’s VERIFICATION STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington on this 31st day of January, 2019 Silvia Iannetta, Duly Authorized Agent of Weston’s Mobile Home Cooperative, Inc., owner of the Weston’s Mobile Home Park located on 89 Second Street in Berlin, Lot #65 Vermont being first duly sworn, made oath that she has read the foregoing Complaint, and that the facts contained therein are true. Before me, Notary Public Nadine L. Scibek License #157.0007638 My Commission Expires: 1/31/21

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