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VERMONT SUPERIOR COURT Bennington Unit 207 South St Bennington VT 05201 802-447-2700 www.vermontjudicary.org CIVIL DIVISON Case No. 20-CV-00952 Date: April 12, 2021 NOTICE OF HEARING Garden Homes Management Corporation d/ba Garden Homes Vermont Limited Partnership v. Estate of Sara E. LaBombard et al 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: 9:00 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-00952 In Re: Abandoned Mobile Home of Estate of Sara E. LaBombard 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. Sara E. Labombard ("LaBombard") is the owner of a certain mobile home, described as a 1978 Skyline Homette, 14'x66(70)' with a Serial Number of 0316 0542B (the "Mobile Home"), located on a lot at the Park. Exhibit 1. 4. Upon information and belief, LaBombard is deceased and an Estate was opened on her behalf in November 2017 (Docket No. 409-11-17 Bnpr). 5. Upon Information and belief, Steven LaBombard was appointed Executor of the Estate. Exhibit 2. 6. The last known mailing address for "LaBombard" is the Estate at 143 Morgan Street, Bennington, Vermont 05201. 7. "LaBombard" leased a lot in the Park from Garden Homes under the terms of a Lease Agreement and occupied the mobile home lot known as West Road Community, 23 West Road Park, Lot #23, Bennington, Vermont. Exhibit 3. 8. The Executor of the Estate, Steven LaBombard, executed a Lease Agreement with the Park in 2018 on behalf of the Estate. Exhibit 4 9. The mobile home has been abandoned. The last known resident at the mobile home was Sara E. LaBombard. 10. 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 Sara E. LaBombard is in arrears on obligations to pay property taxes to the Town of Bennington, Vermont. 11. Upon information and belief, the mobile home is unfit for human habitation due to the following issues: a. The oil tank is empty and has been empty for an undetermined amount of time; b. The oil tank is not properly installed and almost sitting on the ground. Due to regulations, a new oil tank will have to be installed prior to any oil deliveries to the home. c. The home has been without electrical power for approximately one year; d. The appliances have been removed from the home; e. The exterior decks are unsafe and in disrepair; f. The front stairs to the home are rotten from carpet retaining moisture on the wood of the stairs; g. An exterior shed is falling apart; h. Upon information and belief, the home was not winterized for the 2020 winter and has not been winterized for this upcoming winter; i. The roof of the home is in disrepair; j. There is visible mold and mildew inside the home (as viewed from the exterior of the home) and ice and water build-up on the interior of the home windows; 12. Plaintiff has been unable to inspect the interior of the home, all observations are from an exterior inspection. 13. The last known employer of "LaBombard" is unknown. 14. 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. 15. Lot rent has not been paid since May 2019 and the outstanding amount owed is $9,110.70 through December 2020. 16. 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 5. 17. 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 6. 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 home owner for past due and unpaid rent through the date of judgment, together with Plaintiffs 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 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). 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 5:38 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# 56071 04/22/2021
Apr 22, 2021 (Expired).
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