Noticing of Hearing and Verified Complaint | Legals | timesargus.com – Barre Montpelier Times Argus
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VERMONT SUPERIOR COURT CIVIL DIVISION Orange Unit Case No. 22-CV-01330 5 Court Street Chelsea VT 05038 802-685-4610 www.vermontjudiciary.org Date: April 26, 2022 NOTICE OF HEARING Washington North MHP LLC v. Tim Derose et al This is to notify you to appear at the Court named above in connection with the above-named case on: DATE: TIME: DURATION: May 10, 2022 3:30 PM 30 Minutes HEARING RE: Bench Trial – Hearing on Abandoned Mobile Home Civil Division Clerk If parties personally appear in court a mask will be required. 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. ______________________________________________ STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION ORANGE UNIT DOC. NO. IN RE: ABANDONED MOBILE HOME OF TIM AND WENDY DEROSE ______________________________________________ VERIFIED COMPLAINT OF WASHINGTON NORTH MHP, LLC NOW COMES Washington North MHP, LLC, by and through its attorney, the Law Office of Robert A. Brazil, PLLC, and COMPLAINS against Tim and Wendy DeRose, owners of an abandoned mobile home. In support hereof Washington North MHP, LLC (hereinafter “Plaintiff”) respectfully states as follows: 1. Plaintiff is a Connecticut limited liability company in good standing with the Vermont Secretary of State. 2. Plaintiff owns the Washington North Mobile Home Park (the “Park”) which is located on Vermont Route 110 in the Town of Washington, County of Orange, State of Vermont. Plaintiff purchased the Park in January, 2018. 3. Greg Barron manages the Park on Plaintiff’s behalf. 4. Tim and Wendy DeRose (“Defendants”) own a mobile home situated in the Park on Lot #21 (also known and numbered as 57 Linne Lane.) The mobile home has been situated in the Park since January, 2018 when Plaintiff purchased the Park. 5. The last known mailing address for Defendants is 7 Barron Drive, Rutland, Vermont 05701. 6. Derose’ s mobile home is a 1997 Redman, Moon Model with a serial number of 80F3BDNM (“the Mobile Home.”) The Mobile Home is presently located on Lot # 21 in the Park. 7. Plaintiff holds a security deposit from Defendants in the amount of $275. 8. Defendants are the last known residents of the Mobile Home. 9. The names and addresses of creditors, holders of housing subsidy covenants, or others having an interest in the Mobile Home based on liens of notices of record in the Town of Washington Land Records are as follows: None of record. 10. The names and addresses of creditors, holder of housing subsidy covenants, or others having an interest in the Mobile Home based on liens of notices of record at Office of Secretary of State are as follows: None of record. 10. Defendants are delinquent in property taxes for the Mobile Home. As of December 1, Defendants owe $1,651 to the Town of Washington. Interest in the amount of $152.73 will accrue each month. The delinquent taxes are for tax years 2019, 2020 and 2021; the Town of Washington has not yet recorded a lien on the Mobile Home. 11. The following facts support Plaintiff’s claim that the Mobile Home has been abandoned: a. A reasonable person would believe that the Mobile Home is not occupied as a residence. 10 VSA 6248 (a)(l)(A). Defendants have not been seen in the Park in the Park or at the Mobile Home for several months. No response from Defendants to communications from the Park manager has been received. b. The rent for the lot is at least 30 days delinquent. 10 VSA 6248 (a)(l)(B). On January 7, 2020 Plaintiff served Defendants with notice that their tenancy was being terminated for nonpayment of rent. Plaintiff proceeded to file an ejectment action with this court in March 2020 but dismissed the action when it became apparent that Defendants had abandoned the Mobile Home as their primary residence. No rent has been paid since Plaintiff served the termination notice. c. Plaintiff has attempted to contact Defendants at their last known residence and last known mailing address without success. 10 VSA 6248 (a)(l)(C). Defendants’ last place of employment is unknown to Plaintiff. Notice of Plaintiff’s intent to initiate legal proceedings for the sale of the Mobile Home based on Defendant’s apparent abandonment was delivered to Defendants on September 23, 2021. No response was received from Defendants. 12. The name of a person disinterested in the Mobile Home or mobile home park who is able to sell the Mobile Home at public auction is CW Gray and Sons in East Thetford, Vermont. 13. The following rent and other charges are due and will become due to Plaintiff: a. Lot Rent Arrears: $10,826.00 b. Lot rent continues to accrue at the rate of $412 per month; c. Plaintiff will incur legal fees at the rate of $195 per hour. d. Plaintiff will incur costs and expenses associated with bringing this action. 14. Notice of Plaintiff’s intent to commence this action was sent to the Washington town clerk and the Washington tax collector by certified mail, return receipt requested, on or about September 17, 2021. WHEREFORE Plaintiff Washington North MHP LLC prays that this Honorable Court; A. Find that Tim and Wendy DeRose have abandoned the Mobile Horne which is situated within Plaintiff’s mobile home park; B. Grant Plaintiff an Order permitting Plaintiff to sell the Mobile Horne in accordance with the provisions of 10 V.S.A. §6249; C. Award Plaintiff court costs, publication and mailing costs and attorney’s fees incurred in connection with this action in an amount approved by the Court; D. Award Plaintiff rent and other charges in an amount approved by the Court; E. Grant such other and further relief as may be lawful and just. Respectfully submitted, Washington North MHP, LLC by and through Greg Barron duly authorized park manager for Washington North MHP, LLC s/ Greg Barron__ Greg Barron STATE OF CONNECTICUT County of Fairfield__, ss. On this the 13th day of April, 2022, in the town/ city of Trumbull__, in said County and State appeared before me Greg Barron who subscribed and swore that the foregoing statement is true and accurate to the best of his knowledge and belief. s/Gabriele I. Higgs___ Notary Public Print Name: Gabriele I Higgs___ My commission expires: 9/30/2026__ Commission # __________
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