skip to content
Select City
Select City
Home » Public Notices » Public Notices » 

Notice Of Hearing

Line Ads

Ads for Vermont Superior Court Bennington Civil Division in Bennington, VT


VERMONT SUPERIOR COURT Bennington Unit 207 South St Bennington VT 05201 802-447-2700 www.vermontjudicary.org CIVIL DIVISON Case No. 20-CV-00955 Date: April 12, 2021 NOTICE OF HEARING Garden Homes Management Corporation d/ba Garden Homes Vermont Limited Partnership v. Layton L. Durkee This is to notify you to appear at the Court named above in connection with the above-named case on: DATE: May 03, 2021 TIME: 9:30 AM DURATION: 30 Minutes HEARING RE: Bench Trial 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 BENNINGTON COUNTY CIVIL DIVISION Case No. 20-CV-00955 In Re: Abandoned Mobile Home of Layton L. Durkee, Sr. VERIFIED COMPLAINT NOW COMES Garden Homes Management Corporation d/b/a. Garden Homes Vermont Limited Partnership, by and through their attorneys, Bennett & Zaikowski, P.C., and hereby makes this their complaint: 1. Garden Homes Vermont Limited Partnership is a Vermont limited partnership which is the record owners of a mobile home park known as Mountain View Mobile Home Park, located in the Town of Bennington, Vermont ("the Park"). 2. Garden Homes Management Corporation is a duly authorized Connecticut Corporation and General Partner of Garden Homes Vermont Limited Partnership. (collectively "Garden Homes") 3. Layton L. Durkee, Sr. ("Durkee") is the owner of a certain mobile home, described as a 1988 Fairmont Fantasy, 14'x56' with a Serial Number of MY88 64787K (the "Mobile Home"), located on a lot at the Park. Exhibit I. 4. Upon information and belief, Durkee is deceased as of May 19, 2020. Exhibit 2. 5. The last known mailing address for "Durkee" is P.O Box 4246, Bennington, Vermont 05201. 6. "Durkee" leased a lot in the Park from Garden Homes under the terms of a Lease Agreement and occupied the mobile home lot known as Mountain View Community, 86 Bell Street, Lot #8-086, Bennington, Vermont. Exhibit 3. 7. The mobile home has been abandoned. The last known resident at the mobile home was Layton Durkee, Sr. 8. The following security interests, mortgages, liens and encumbrances appear of record with respect to the mobile home: a. Upon information and belief, the Estate of Layton Durkee is in arrears on obligations to pay property taxes to the Town of Bennington, Vermont. 9. Upon information and belief, the mobile home is unfit for human habitation due to the following issues: a. The floors of the home have extensive damage creating safety issues within the home; b. There is not a properly installed slab underneath the home; c. The window to the bathroom is missing and boarded up with plywood; d. The entry stairs for the rear door are missing; e. The water has been turned off to the home since the summer; f. The oil tank is empty and there is no heat in the home; g. Upon information and belief, the home was not winterized for the for this upcoming winter; h. Electrical service has been disconnected since July 2020; 10. Plaintiff has been unable to completely inspect the interior of the home, all observations are from an exterior inspection and from prior knowledge of the home. 11. The last known employer of "Durkee" is unknown 12. Robert Prozzo is a person disinterested in the mobile home or mobile home park who is able to sell the mobile home at a public auction. 13. Lot rent has not been paid since July 2020 and the outstanding amount owed is $2,110.00 through December 2020. 14. Garden Homes sent written notice to the Town Clerk of the Town of Bennington on December 1, 2020, of Plaintiffs' intent to commence this action. See copy of certified letter to Cassandra Barbeau dated November 30, 2020, attached as Exhibit 4. 15. Garden Homes sent written notice to the Delinquent Tax Collector of the Town of Bennington on December 1, 2020, of Plaintiffs' intent to commence this action. See copy of certified letter to Joan Pinsonneault dated November 30, 2020, attached as Exhibit 5. 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 habitation; 2. Granting judgment in favor of Plaintiff and against the mobile homeowner for past due and unpaid rent through the date of judgment, together with Plaintiff's court costs, publication and mailing costs, and Plaintiffs counsel fees incurred in connection with this matter. 3. Approving transfer of the Mobile Home to Garden Homes Management Corporation pursuant to 10 V.S.A. 6249(i). In the alternative to (3) if the home is found fit for human habitation, 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 23rd day of December, 2020 By: Angela N. Zaikowski, Esq. Attorney for Plaintiffs VERIFICATION I declare that the above statements are true and accurate to the best of my knowledge and belief, understand that if the above statement is false, I will be subject to the penalty of perjury. Dated at 5:37 pm, Vermont, this 22 day of December, 2020. Thomas O'Brien Thomas O'Brien, duly authorized agent for Garden Homes Management Corporation d/b/a Garden Homes Vermont Limited Partnership AD# 56070 04/22/2021

Apr 22, 2021 (Expired). Vermont Superior Court Bennington Civil Division Public Notices Ads from The Bennington Banner ShopLocal

Call Us

802-447-2700

Vermont Superior Court Bennington Civil Division

802-447-2700
207 South St
Bennington, VT 05201
(Office)

Get Directions Street View

Categories

Public Notices

Topics

  • Public Hearing in Bennington, VT

  • Public Meeting in Bennington, VT

  • Public Notice in Bennington, VT

Share on Pinterest
Share on Facebook Share on Twitter Share on Instagram
Loading ...