STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION RUTLAND COUNTY DOCKET NO. 612-10-18 Rdcv In Re: Abandoned Mobile Home of Jane Simms VERIFIED COMPLAINT NOW COMES Housing Trust of Rutland County, by and through their attorneys, Bennett & Zaikowski, P.C., and hereby complains against the defendant as follows: 1. Plaintiff, a Vermont business having a place of business in Rutland, County of Rutland, State of Vermont, is the record owner of a mobile home park known as Haven Meadows Park, located in the Town of Fair Haven, Vermont (“the Park”). 2. Jane Simms (“Simms”) is the owner of a certain mobile home, located on a lot at the Park. 3. Simms' last known mailing address is P.O. Box 907, Wells, VT 05774. 4. The mobile home is described as a 1974 Skyline, 14' x 66', White, Serial No. 011639311 (the “Mobile Home”). 5. The Mobile Home is located on a lot in the Park known as 6 Highland Avenue, Lot 4, Haven Meadows Park, Fair Haven, Vermont. 6. Simms was the last known resident of the Mobile Home. 7. Plaintiff holds a security deposit of $195.00 paid by Simms. 8. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home: a. A lien held by Neighborworks of Western Vermont, 110 Marble Street, West Rutland, VT 05777. b. Upon information and belief, Defendant is in arrears on obligations to pay property taxes to the Town of Fair Haven, Vermont. 9. Upon information and belief, the mobile is not fit for human habitation due to the following issues: (a) The home does not contain any appliances, and the plumbing system is currently not functioning. (b) The pipes burst within the home, and the water is currently shut-off (c) The heating system is currently not functioning and does not meet current code requirements regarding fuel tanks. (d) The exterior skirting is damaged and removed from the home. (e) The interior floors are not structurally sound as they have rotted. (f) The interior is filthy and is infested with rodents and/or insects. (g) The Mobile Home was full of garbage, which Plaintiff removed, however the overwhelming stench from the garbage has permeated all porous materials within the home. 10. Plaintiff has incurred $6,716.20 in costs for removing garbage from the lot and home, along with fumigation for insects. 11. Plaintiff was informed by a neighbor of Simms that Simms left in November 2017, telling the neighbor she was moving out of state. 12. When Plaintiff inspected the lot and home, the electricity and water were found disconnected. 13. Lot rent has not been paid since July 2017 and Simms currently owes $4,430 in unpaid lot rent through October 2018. 14. Lot rent continues to accrue at the rate of $280.00 per month. 15. Bob Prozzo from Prozzo Auctions is a person disinterested in the Mobile Home or the Park, who is able to sell the Mobile Home at a public auction. 16. Plaintiff sent written notice to the Town Clerk of the Town of Fair Haven on August 31, 2018, of Plaintiff’s intent to commence this action. See copy of certified letter to Suzanne DeChame dated August 31, 2018. Exhibit 1. 17. Plaintiff sent written notice to the Delinquent Tax Collector of the Town of Fair Haven on August 31, 2018, of Plaintiff’s intent to commence this action. See copy of certified letter to Joseph Gunter, Tax Collector, dated August 31, 2018, attached. Exhibit 2. 18. The Plaintiff sent a certified letter to Simms at her last known mailing address in an attempt to have her remove the Mobile Home from the Park and warning her about the abandonment action. Exhibit 3. There has been no response from Simms. 19. Upon information and belief, Simms is not employed. 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 human 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 Housing Trust of Rutland County pursuant to 10 V.S.A. §6249(i).In the alternative to (3), 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 25th day of October, 2018. By:/s/____________________________ Angela N. Zaikowski, Esq. Attorney for Plaintiffs Dated at Rutland, Vermont, this 25th day of October, 2018. /s/______________________________ Pamela Favreau, agent of Housing Trust of Rutland County VERIFICATION STATE OF VERMONT CHITTENDEN COUNTY, SS. On this 25th day of October, 2018, Pamela Favreau, agent for Housing Trust of Rutland County, 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 My Commission Expires: 2/10/19 Vermont Superior Court Rutland Civil Division 83 Center Street, Suite 3 Rutland, Vermont 05701 802-775-4394,Small Claims(802)-775-0266 www.VermontJudiciary.org December 3, 2018 NOTICE OF HEARING RE: Housing Trust vs. Simms Docket Number: 612-10-18 Rdcv This is to notify you to appear at the Court named above in connection with the above named case for the following: Other Monday December 10, 2018 at 02:30 PM Hearing Length: 0 Hour(s) 5 Minute(s) ABANDONED MOBILE HOME Civil Division Clerk Any individual with a disability requiring assistance accessing the services, programs, and/or activities at the Courthouse should contact the Clerk's office at the above address for further assistance. Notifications: Angela N. Zaikowski, Attorney for Plaintiff, Housing Trust of Rutland County, Inc. Court Case File If you received this message in error, please reply to Automated Email Coordinator For all other assistance, please contact the court shown above.