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45 450
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
Hampshire, ss Superior Court Department
Civil Action No. 45 150
TODD LEPINE and PAMELA LEPINE, &-
C.
5 Vv.
Plaintiffs,
€ -ES:BSREE MOTION FOR
SS
FRANCE SENECAL as Conservator for APPROVAL OF MEMORANDUM
Onil Langlois, OF LIS PENDENS
Defendant
oN‘ Pursuant to G.L. chapter 184, section 15, Plaintiffs move for-an order approving the
&? enclosed Memorandum of Lis Pendens to be recorded against certain property of Onil
3° Langlois. As grounds therefore, Plaintiffs say that
& 1, Plaintiffs have met the first standard for approval of such an order by filing a complaint
against the Conservator of Onil Langlois. A copy of said complaint is attached hereto.
we
SW
. Plaintiffs have met the second standard for approval of such an order in that the
aforementioned complaint “affects the title to real property or the use and occupation
| thereof or the buildings thereon.” The action is for breach of a contract under which
Defendant agreed to sell residential real estate located in Southampton, MA to the
Plaintiffs. Defendant’s subsequent breach affects the Plaintiffs’ interest in said property.
3. Plaintiffs bring this motion ex parte because they believe that there is a substantial
likelihood that Defendant will transfer the affected real estate if given notice, and there is
no insurance or other assets to pay damages in such case, even assuming that damages
provide an adequate remedy. See attached affidavit of Todd Lepine.
HAMPSHIRE SUPERIOR COURT
JUL 242015
HARRY JEKANOWSKI, JR.
I\
CLERK/ MAGISTRATE
4. Although Plaintiffs have no need to show a substantial likelihood of prevailing on the
merits against Defendant, they believe in good faith that they will be able to make such a
showing.
WHEREFORE Plaintiffs request that their motion be allowed and that the Court
approve the attached Memorandum of Lis Pendens.
THE PLAINTIFFS,
their attorney,
>
.
Patricia A. Zak, BBO #547408
1350 Main St, Suite 1211
Springfield, MA 01103
(413) 363-0856
Fax 413-328-6209
patriciazak318@gmail.com
CERTIFICATE OF COMPLIANCE
WITH STANDING ORDER 1-88
hereby certify that the above document was een tytn
by permission of the Regional Administrative Justice
Patricia A. Zak
CERTIFICATE OF SERVICE
Thereby certify that I served the above ént on all parties by mailin true copy to
Defendant's attorney of recor. Y__> 015> =
Patricia A. Zak
\\
- ~~
we
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
Hampshire, ss Superior Court Department
Civil Action No.
TODD LEPINE and PAMELA LEPINE,
Plaintiffs,
Vv.
COMPLAINT
FRANCE SENECAL as Conservator for
Odil Langlois,
Defendant
1. Plaintiff TODD LEPINE is an individual residinig at 123
White Loaf Road, Southampton,
Hampshire County, MA.
2. Plaintiff PAMELA LEPINE is an individual residin; ig at 123 White
Loaf Road, Southampton,
Hampshire County, MA. Atall times pertinent hereto, Todd
Lepine and Pamela Lepine
were husband and wife.
3. Defendant FRANCE SENECAL is an individual residi
ng at 138 Fomer Road, Southampton,
Hampshire County, MA
4, Defendant FRANCE SENECAL (hereafter “the Conservato
: r”) has been appointed
conservator for Onil Langlois and remains in that position.
5. On or about August 5,2009, Plaintiff TODD LEPINE entered into a written contra
the aforesaid Onil Langlois for the purchase of real estate at ct with
123 White Loaf Road,
Southampton, MA, on which existed a house (hereafter “the Premis
es”).
6. The parties to the abovementioned contract later agreed to
amend it and did so in
writing signed on March 3, 2011.
7. By the terms of the aforementioned amended contract, Plainti
ffs PAMELA and TODD
LEPINE agreed to purchase, and Onil Langlois to sell, the Premis
es, for a Price of $360,000.
8. Terms of the amended contract called for a down payment of
$100,000 cash, and
monthly payments of $1,200 to Onil Langlois, of which the partie
s agreed that $1,000
would be payments of principal and $200 wo uld be interest, said payme
nts to continue
until the balance of $260,000 was paid.
ae
9. Plaintiffs made the agreed-u pon down payment of $100,000
and began making the
agreed monthly payments.
10. Plaintiffs moved into the house on the Premises and b egan
making payment on charges
associated with the property, including but not limited
to water and sewer, other utilities,
real estate taxes, and homeowners insurance.
11. Plaintiffs made substantial improvements to the Premi
ses, including but not limited to
replacing defective flooring in the kitchen, bath and laundry,
repairing the roof, upgrading
wiring, landscaping, and finishing the basement, expending
o ver $35,000.
12. Plaintiffs belatedly learned that Onil Lan glois had placed a mortgage on the Premises.
At times, Plaintiffs paid the monthly mortga; ge payments at the
request of Langlois and/or
his representatives.
13. Onil Langlois and the Conservator were aware that the
Plaintiffs had made such
payments and improvements.
14. Plaintiffs sought to have a deed and mortgage prepared by
Onil Langlois’ attorney in
order to place their interests and obligations regarding the
Premises in recordable form,
and were advised by Langlois’ attorney that this work was under
way as of October 28,
2011. As late as March 2013, it was Tepresented to the Plainti
ffs by Langlois’
representatives that Plaintiffs would receive a deed, that they
would be credited with their
$100,000 down payment, and that eve! ry monthly payment made
would be credited against
the agreed purchase price.
15. On December 28, 2011, a conservator was appointed for Oni]
Langlois.
16. At some point in time after March 2013, Onil Langlois’ repre
sentatives apparently
decided that they did not want to go forward with the sale of the
Premises to the Plaintiffs
under the terms of the existing agreement. In February 2015,
the Plaintiffs were advised
that the Premises would be sold unless the Plaintiffs paid $251,6
48 for it. This figure was
supposedly based ona selling price of $375,000 less the $100,0
00 down payment and
credit for Plaintiff's payments of “taxes and water”.
17. As the offer substantially increased the selling price of the
Premises and failed to
acknowledge other payments and imp: rovements, including but not
limited to the monthly
payments of $1,200, Plaintiffs refused.
18. The Conservator has refused to negotiate and has had Plaintiff
TODD LEPINE served
with a notice to quit as well as stating her intention of placing the
Premises on the market.
COUNT I: FOR DECLARATORY JUDGMENT
19. Plaintiffs repeat the allegations of paragraphs one through 18
as if set out in full herein.
~
NS
20. A genuine controversy exists as to the partie
s’ rights and obligations under the contract
for the saleof the Premises.
21, Preservation of the Plaintiffs’ interests requires
determination of the parties’ rights and
obligations.
COUNT II: FOR SPECIFIC ENFORCEMENT
22, Plaintiffs repeat the allegations of paragraphs
one through 18 as if set out in full herein.
23. Plaintiffs entered into a valid contract with Onil
Langlois.
24, Plaintiffs have performed all their obligations under
said contract.
25. Onil Langlois and/or The Conservator have refus
ed to perform under the contract and
have indicated their intention to evict the Plaintiffs and
to act in ways that will amount to
further breaches.
COUNT II: IN EQUITY FOR REASONABLE RELIANCE
26. Plaintiffs repeat the allegations of paragraphs one
through 18 as if set out in full herein,
26. At all times pertinent hereto until the currentyear,
Plaintiffs were induced by Onil
Langlois and by his representatives including the
Cons ervator to rely on the contract for
the sale of the Premises.
27. Onil Langlois advised other individual Is that he had
sold the Premises to the Plaintiffs;
he accepted a $100,000 down payment; h e and his repre
sentatives allowed and
encouraged Plaintiffs to pay real estate taxes, water and
sewer bills, and on occasion
payments on Langlois’ mortgage on the Premises,
acting consistently as if the Plaintiffs
were in fact owners.
28. Onil Langlois and his re presentatives were aware that
Plaintiffs were investing
substantial money in imp: rovements and repairs to the
Premises.
29, Onil Langlois’ representatives includin;ig the Conservato
r told Plaintiffs that a deed for
the Premises was being prepared for the ‘m1.
30. Onil Langlois and his representatives were aware th:
at Plaintiffs cannot qualify for
mortgage financing to purchase the Premises and that
the agreement entered into was the
only way for Plaintiffs to purchase the Premis
30. In these and other ways, , Plaintiffs were induced to rely
on the promises contained in
the 2011 contract.
31. Under the circumstances, Plaintiffs’ reliance was reasonable
,
32, Plaintiffs changed their position in reliance on said
promises, moving into the Premises,
improving and repairinig the property, and payin
g bills well beyond the scope of any
ordinary tenancy.
33. If, as the Conservator proposes, Plaintiffs are
de prived of their rights under the 2011
contract, they will suffer substantial damage.
WHEREFORE, Plaintiffs request that the Court
(a) declare the 2011 contract to be valid and enforceabl
e;
(b) require specific performance of the 2011 contract; or,
in the alternative
(c} order the Defendant to conve y the Premises to the Plaintiffs for the price of
$360,000 less the $100,000 down payment and ] less all payments of principal at $1,00
month and all payments made for 0 per
real estate tax es, the Langlois mortgage, and such other
payments as the Court shall deem fair and reasonable; or
(d) find that the Defendant shall pay to the Plaintiffs
damages in an amount
sufficient to compensate them for their payments under
the 2011 contract, their
improvements to the property, any other payments made
to preserve the owner's interest
in the Premises, and such other damag es as the Court deems
fair and reasonable, together
with their costs and interest.
THE PLAINTIFFS,
By their attorney,
—
Patricia A. Zak, BBO #547408
1350 Main St, Suite 1211
Springfield, MA 01103
(413) 363-0856
Fax 413-328-6209
patriciazak3 18@gmail.com
Ne
AFFIDAVIT OF TODD LEPINE
I, the undersigned Todd Lepine, hereby state as follows:
1.1 make this affidavit of my personal knowledge
2.1 am a house carpenter. Together with my father, I built the house at 123 White Loaf
Road, Southampton, Hampshire County, Massachusetts for our cousin Onil Langlois in
2007.
3. Onil intended to sell this house; however, he had it on the market in 2007-2008 without
finding a buyer, so my wife and I approached him about buying the property ourselves.
4. At that time, | had a pending accident claim and thought that I would be able to buy the
property for cash. Onil and I agreed on a price of $380,000 and I signed an offer on August
5, 2009, which was accepted by Onil. A true copy of the offer is attached hereto as Exhibit
A
5. However, when my claim settled, I got much less than I had expected and was unable to
buy the house outright. I was turned down for financing. Onil then suggested that he
‘would be the bank” and would take a mortgage for the price, less a down payment.
6. We agreed on a price of $360,000, with a down payment of $100,000 cash and monthly
payments of $1,000 against principal and $200 interest. We signed an agreement setting
out these terms on March 3, 2011. A true copy of the purchase and sale agreement is
attached hereto as Exhibit B. Based on my observations of the sale of other property in this
area, the agreed price was commercially reasonable.
7. On December 3, 2011, we updated the purchase and sale agreement to state the amount
already paid thereunder. A true copy of the update is attached hereto as Exhibit C. As is
shown there, J did pay the $100,000 down payment to Onil and had been making the
monthly mortgage payments as agreed.
8. Meanwhile, my wife and I had moved into the house at 123 White Loaf Road and begun
making improvements. We have installed a sidewalk, electrical box, hot tub and deck, pool,
landscaping including stone walls, added interior walls in the basement, replaced defective
flooring in kitchen, bath and laundry, repaired the roof, and installed fans and lights, among
other things, spending over $35,000
9, We discovered that Onil had put another mortgage on the property and at various times
we have made payments on this mortgage.
10. We paid all utilities including water and sewer, real estate taxes, and insurance on the
property.
ms
S
11. We continued to pay $1,200 per month to Onil as agreed.
12. In 2012, I contacted attorneys with regard to having a deed drawn up transferring
ownership of the property to my wife and me. As far as 1 knew, this matter was proceeding
as late as March 2013. See letter from Attorney Charles Ksieniewicz to Attorney William
O’Grady dated March 8, 2013 attached hereto as Exhibit D.
13. At some point and without notice to me, Onil’s representatives decided that they did not
want to go through with the agreement and stopped communicating with me about the
deed. In February 2015, my wife and I were advised that Onil’s representatives were going
to sell the house and we would have to leave, unless we bought the property for $251,648.
This was far more than we owed under the existing agreement and did not take into
account our monthly payments or any of the expenses we had paid.
14. I and my wife were in close contact with Onil throughout this time. Although we
suspected that certain members of his family and/or friends were taking advantage of him
ffir financially, he did not appear to us to be incompetent.
Signed under the pains and penalties of perjury thisaise
Todd Lepine
© EXHIBIT A
ee
COP
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X
y
I, Todd Lepine, current! ly of 123 White Loaf
Road, Southampton, MA 01073,
agree to pay the sum of $380,0 00.00 for the
premises located at 123 White LoafRoad,
Southampton, MA 01073, from the proceeds
of the settlement or judgment of my
bodily injury claim for injuries sustai ined
in the motor vehicle accident occurrin
about April 27, 2007 to the owner o: f said g on or
premises, Oni] R. Langlois, currently of 377
College Highway, Southampton, MA 01073.
Signed this___S”_ day of Ay GUST, 2009.
kane 4 Luli Spb
Witness "Todd Lepine”
Ne a
Purchase and sales agreement
123 White loaf rd Southampton mass.01073
’ Total of purchase is 360,000.00
1.We have agreed to rent to own at the sum of $1,000.00 per month that started
on july 7,2009 till march 3 2,011 to the sum of$ 21,420.00.
2.0n march3,2011 we gave onil lanlois $100,000.00 deposit.
3.0n march 3,2011 we started loan for property and set payments at $1200.00a
month for the duration of loan.$1000.00 goes toward the principle of loan and
$200.00 goes to onil langlois for interest on loan.
4.Gas,electric,cable are in Todd Lepines name.
5.Weve paid onil langlois for water bill.Have not paid on taxes cause we got no
notice,
6.win put taxes and water bill in are name as soon as we get deed in name.
7.Todd lepine and Pamela lepine agree to pay the sum of $1200.00 a month for
the deration of loan and all utilitys that belong to 123 Whiteloaf rd. southampton
mass.
8.We have paid $118,420.00 to date for property at 123 Whiteloaf rd.
southampton mass.01073.
9.an utilitys belong to 123 Whiteloaf rd. southampton mass.0' 1073 are paid to
date.
1 O.water bill for 123 Whiteloaf rd southampton mass.01073 is currently in onil
langlois name and is being paid directly to town by Pamela Lepine by check.
11.terms and conditions are set as is and cant be chan ged or altered at anytime
are binding to this agreement.
Date a int is mai h2011
Date dcx fa nKabuiffceeasianGeuenntene
Onil
Onif
Todd
Lang! lois
Langlois...
Le
i 77
Mido
ge Highway southamp[ton mass.01073.
pepasaeemnnanenanseectence
af rd. southampton mass.01073
Todd Le; Sate ds ve eanenae: eeteeneenenseneces
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Pamela Lepine if rdsouthampton mass.01073.
Pamela Lepine. ZZ. annete, fe
Attachment 1:For 123 whiteloat rd.southampton
mass01073.
EXHIBIT C
$e
Na’
1.Total Payments to date are $4
31,420.00,
2. interest that has been paid from
march 3,2011 is $2,200.00 to date.
3 .remaining amount that is due
on propety at 123 Whiteloaf rd.
Mas Southampton
s.01073. is $229,530.00.
4.This remainder amount due is on
land an id house at 123Whiteloaf rd,
Southampton Mass.01073
5.The remainder of loan is $229,580. 00 to be paid as stated in page 1 of
agrreement. purchase
Date is Dec,3,2011
Date... ZechAd,
lsc
Onil Langt oi: 377A ‘oll fue Hig! y Spythampton Mass.01073
Oni Lanloi oveneticvessassadan
Todd Lepine at nnausnensencees: Pananneenenesgraneneie
elog! . southampton Mass.01073
Todd L
seen, uenaeeeennne eeneanereneeeenne ae eennesenen
Pamela Lepine 123 Vh! bai Southam pton Mass. 01073
seneeenen
Pamela Lepine com suntaeneeee Sannenene: me
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Law Offices Of
Charles F. Ksieniewicz
241 King Street, Suite 229 tel. (413) 586-0530
Northampton, MA 01060 fax (413) 585-8867
www.northamptonlegal.com
email: attyefk@aol.com
March 8, 2013
William J. O'Grady, Esq.
Parker & O'Grady
124 College Highway
P.O. Box 249
Southampton, MA 01073-0249 COPY
Re: Tadd & Pam Lepine / Onil Langlois
123 Whiteloaf Road, Southampton, MA
Dear Bill
| am just following up on my conversation with you of last week regarding the above
matter. | want to confirm my understanding of the proposed transfer of title. The so-
called "Purchase and sales agreement" between the parties dated March 3, 2011
with an attachment dated Dec. 3, 2011, appears te contemplate a transfer of title
with a "rent to own" feature
Notwithstanding the lack of clarity in these documents prepared by the parties
without legal counsel, it is my understanding from speaking with Todd that Onil and
family are agreeable to have a deed executed transferring title to Todd and Pam
Simultaneously with that Todd and Pam would execute a note and mortgage to Onil
for the balance owed on the purchase price of $360,000.00. | believe that figure is
about $205,000.00. An interest rate would have to be agreed upon, probably
consistent with whatever the current mortgage rates are. The monthly payments
would be $1,200.00 and the term would bé determined by the rate amortized to that
monthly amount.
If this in substance your client's understanding as well, please advise and |will
prepare draft documents for your review.
Thank you
Very truly yours
Charles F. Ksieniewicz
/
CFK/mh
ce: Todd and Pam Lepine
Preview
V 2 ~ 45 450 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT Hampshire, ss Superior Court Department Civil Action No. 45 150 TODD LEPINE and PAMELA LEPINE, &- C. 5 Vv. Plaintiffs, € -ES:BSREE MOTION FOR SS FRANCE SENECAL as Conservator for APPROVAL OF MEMORANDUM Onil Langlois, OF LIS PENDENS Defendant oN‘ Pursuant to G.L. chapter 184, section 15, Plaintiffs move for-an order approving the &? enclosed Memorandum of Lis Pendens to be recorded against certain property of Onil 3° Langlois. As grounds therefore, Plaintiffs say that & 1, Plaintiffs have met the first standard for approval of such an order by filing a complaint against the Conservator of Onil Langlois. A copy of said complaint is attached hereto. we SW . Plaintiffs have met the second standard for approval of such an order in that the aforementioned complaint “affects the title to real property or the use and occupation | thereof or the buildings thereon.” The action is for breach of a contract under which Defendant agreed to sell residential real estate located in Southampton, MA to the Plaintiffs. Defendant’s subsequent breach affects the Plaintiffs’ interest in said property. 3. Plaintiffs bring this motion ex parte because they believe that there is a substantial likelihood that Defendant will transfer the affected real estate if given notice, and there is no insurance or other assets to pay damages in such case, even assuming that damages provide an adequate remedy. See attached affidavit of Todd Lepine. HAMPSHIRE SUPERIOR COURT JUL 242015 HARRY JEKANOWSKI, JR. I\ CLERK/ MAGISTRATE 4. Although Plaintiffs have no need to show a substantial likelihood of prevailing on the merits against Defendant, they believe in good faith that they will be able to make such a showing. WHEREFORE Plaintiffs request that their motion be allowed and that the Court approve the attached Memorandum of Lis Pendens. THE PLAINTIFFS, their attorney, > . Patricia A. Zak, BBO #547408 1350 Main St, Suite 1211 Springfield, MA 01103 (413) 363-0856 Fax 413-328-6209 patriciazak318@gmail.com CERTIFICATE OF COMPLIANCE WITH STANDING ORDER 1-88 hereby certify that the above document was een tytn by permission of the Regional Administrative Justice Patricia A. Zak CERTIFICATE OF SERVICE Thereby certify that I served the above ént on all parties by mailin true copy to Defendant's attorney of recor. Y__> 015> = Patricia A. Zak \\ - ~~ we COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT Hampshire, ss Superior Court Department Civil Action No. TODD LEPINE and PAMELA LEPINE, Plaintiffs, Vv. COMPLAINT FRANCE SENECAL as Conservator for Odil Langlois, Defendant 1. Plaintiff TODD LEPINE is an individual residinig at 123 White Loaf Road, Southampton, Hampshire County, MA. 2. Plaintiff PAMELA LEPINE is an individual residin; ig at 123 White Loaf Road, Southampton, Hampshire County, MA. Atall times pertinent hereto, Todd Lepine and Pamela Lepine were husband and wife. 3. Defendant FRANCE SENECAL is an individual residi ng at 138 Fomer Road, Southampton, Hampshire County, MA 4, Defendant FRANCE SENECAL (hereafter “the Conservato : r”) has been appointed conservator for Onil Langlois and remains in that position. 5. On or about August 5,2009, Plaintiff TODD LEPINE entered into a written contra the aforesaid Onil Langlois for the purchase of real estate at ct with 123 White Loaf Road, Southampton, MA, on which existed a house (hereafter “the Premis es”). 6. The parties to the abovementioned contract later agreed to amend it and did so in writing signed on March 3, 2011. 7. By the terms of the aforementioned amended contract, Plainti ffs PAMELA and TODD LEPINE agreed to purchase, and Onil Langlois to sell, the Premis es, for a Price of $360,000. 8. Terms of the amended contract called for a down payment of $100,000 cash, and monthly payments of $1,200 to Onil Langlois, of which the partie s agreed that $1,000 would be payments of principal and $200 wo uld be interest, said payme nts to continue until the balance of $260,000 was paid. ae 9. Plaintiffs made the agreed-u pon down payment of $100,000 and began making the agreed monthly payments. 10. Plaintiffs moved into the house on the Premises and b egan making payment on charges associated with the property, including but not limited to water and sewer, other utilities, real estate taxes, and homeowners insurance. 11. Plaintiffs made substantial improvements to the Premi ses, including but not limited to replacing defective flooring in the kitchen, bath and laundry, repairing the roof, upgrading wiring, landscaping, and finishing the basement, expending o ver $35,000. 12. Plaintiffs belatedly learned that Onil Lan glois had placed a mortgage on the Premises. At times, Plaintiffs paid the monthly mortga; ge payments at the request of Langlois and/or his representatives. 13. Onil Langlois and the Conservator were aware that the Plaintiffs had made such payments and improvements. 14. Plaintiffs sought to have a deed and mortgage prepared by Onil Langlois’ attorney in order to place their interests and obligations regarding the Premises in recordable form, and were advised by Langlois’ attorney that this work was under way as of October 28, 2011. As late as March 2013, it was Tepresented to the Plainti ffs by Langlois’ representatives that Plaintiffs would receive a deed, that they would be credited with their $100,000 down payment, and that eve! ry monthly payment made would be credited against the agreed purchase price. 15. On December 28, 2011, a conservator was appointed for Oni] Langlois. 16. At some point in time after March 2013, Onil Langlois’ repre sentatives apparently decided that they did not want to go forward with the sale of the Premises to the Plaintiffs under the terms of the existing agreement. In February 2015, the Plaintiffs were advised that the Premises would be sold unless the Plaintiffs paid $251,6 48 for it. This figure was supposedly based ona selling price of $375,000 less the $100,0 00 down payment and credit for Plaintiff's payments of “taxes and water”. 17. As the offer substantially increased the selling price of the Premises and failed to acknowledge other payments and imp: rovements, including but not limited to the monthly payments of $1,200, Plaintiffs refused. 18. The Conservator has refused to negotiate and has had Plaintiff TODD LEPINE served with a notice to quit as well as stating her intention of placing the Premises on the market. COUNT I: FOR DECLARATORY JUDGMENT 19. Plaintiffs repeat the allegations of paragraphs one through 18 as if set out in full herein. ~ NS 20. A genuine controversy exists as to the partie s’ rights and obligations under the contract for the saleof the Premises. 21, Preservation of the Plaintiffs’ interests requires determination of the parties’ rights and obligations. COUNT II: FOR SPECIFIC ENFORCEMENT 22, Plaintiffs repeat the allegations of paragraphs one through 18 as if set out in full herein. 23. Plaintiffs entered into a valid contract with Onil Langlois. 24, Plaintiffs have performed all their obligations under said contract. 25. Onil Langlois and/or The Conservator have refus ed to perform under the contract and have indicated their intention to evict the Plaintiffs and to act in ways that will amount to further breaches. COUNT II: IN EQUITY FOR REASONABLE RELIANCE 26. Plaintiffs repeat the allegations of paragraphs one through 18 as if set out in full herein, 26. At all times pertinent hereto until the currentyear, Plaintiffs were induced by Onil Langlois and by his representatives including the Cons ervator to rely on the contract for the sale of the Premises. 27. Onil Langlois advised other individual Is that he had sold the Premises to the Plaintiffs; he accepted a $100,000 down payment; h e and his repre sentatives allowed and encouraged Plaintiffs to pay real estate taxes, water and sewer bills, and on occasion payments on Langlois’ mortgage on the Premises, acting consistently as if the Plaintiffs were in fact owners. 28. Onil Langlois and his re presentatives were aware that Plaintiffs were investing substantial money in imp: rovements and repairs to the Premises. 29, Onil Langlois’ representatives includin;ig the Conservato r told Plaintiffs that a deed for the Premises was being prepared for the ‘m1. 30. Onil Langlois and his representatives were aware th: at Plaintiffs cannot qualify for mortgage financing to purchase the Premises and that the agreement entered into was the only way for Plaintiffs to purchase the Premis 30. In these and other ways, , Plaintiffs were induced to rely on the promises contained in the 2011 contract. 31. Under the circumstances, Plaintiffs’ reliance was reasonable , 32, Plaintiffs changed their position in reliance on said promises, moving into the Premises, improving and repairinig the property, and payin g bills well beyond the scope of any ordinary tenancy. 33. If, as the Conservator proposes, Plaintiffs are de prived of their rights under the 2011 contract, they will suffer substantial damage. WHEREFORE, Plaintiffs request that the Court (a) declare the 2011 contract to be valid and enforceabl e; (b) require specific performance of the 2011 contract; or, in the alternative (c} order the Defendant to conve y the Premises to the Plaintiffs for the price of $360,000 less the $100,000 down payment and ] less all payments of principal at $1,00 month and all payments made for 0 per real estate tax es, the Langlois mortgage, and such other payments as the Court shall deem fair and reasonable; or (d) find that the Defendant shall pay to the Plaintiffs damages in an amount sufficient to compensate them for their payments under the 2011 contract, their improvements to the property, any other payments made to preserve the owner's interest in the Premises, and such other damag es as the Court deems fair and reasonable, together with their costs and interest. THE PLAINTIFFS, By their attorney, — Patricia A. Zak, BBO #547408 1350 Main St, Suite 1211 Springfield, MA 01103 (413) 363-0856 Fax 413-328-6209 patriciazak3 18@gmail.com Ne AFFIDAVIT OF TODD LEPINE I, the undersigned Todd Lepine, hereby state as follows: 1.1 make this affidavit of my personal knowledge 2.1 am a house carpenter. Together with my father, I built the house at 123 White Loaf Road, Southampton, Hampshire County, Massachusetts for our cousin Onil Langlois in 2007. 3. Onil intended to sell this house; however, he had it on the market in 2007-2008 without finding a buyer, so my wife and I approached him about buying the property ourselves. 4. At that time, | had a pending accident claim and thought that I would be able to buy the property for cash. Onil and I agreed on a price of $380,000 and I signed an offer on August 5, 2009, which was accepted by Onil. A true copy of the offer is attached hereto as Exhibit A 5. However, when my claim settled, I got much less than I had expected and was unable to buy the house outright. I was turned down for financing. Onil then suggested that he ‘would be the bank” and would take a mortgage for the price, less a down payment. 6. We agreed on a price of $360,000, with a down payment of $100,000 cash and monthly payments of $1,000 against principal and $200 interest. We signed an agreement setting out these terms on March 3, 2011. A true copy of the purchase and sale agreement is attached hereto as Exhibit B. Based on my observations of the sale of other property in this area, the agreed price was commercially reasonable. 7. On December 3, 2011, we updated the purchase and sale agreement to state the amount already paid thereunder. A true copy of the update is attached hereto as Exhibit C. As is shown there, J did pay the $100,000 down payment to Onil and had been making the monthly mortgage payments as agreed. 8. Meanwhile, my wife and I had moved into the house at 123 White Loaf Road and begun making improvements. We have installed a sidewalk, electrical box, hot tub and deck, pool, landscaping including stone walls, added interior walls in the basement, replaced defective flooring in kitchen, bath and laundry, repaired the roof, and installed fans and lights, among other things, spending over $35,000 9, We discovered that Onil had put another mortgage on the property and at various times we have made payments on this mortgage. 10. We paid all utilities including water and sewer, real estate taxes, and insurance on the property. ms S 11. We continued to pay $1,200 per month to Onil as agreed. 12. In 2012, I contacted attorneys with regard to having a deed drawn up transferring ownership of the property to my wife and me. As far as 1 knew, this matter was proceeding as late as March 2013. See letter from Attorney Charles Ksieniewicz to Attorney William O’Grady dated March 8, 2013 attached hereto as Exhibit D. 13. At some point and without notice to me, Onil’s representatives decided that they did not want to go through with the agreement and stopped communicating with me about the deed. In February 2015, my wife and I were advised that Onil’s representatives were going to sell the house and we would have to leave, unless we bought the property for $251,648. This was far more than we owed under the existing agreement and did not take into account our monthly payments or any of the expenses we had paid. 14. I and my wife were in close contact with Onil throughout this time. Although we suspected that certain members of his family and/or friends were taking advantage of him ffir financially, he did not appear to us to be incompetent. Signed under the pains and penalties of perjury thisaise Todd Lepine © EXHIBIT A ee COP ~€ X y I, Todd Lepine, current! ly of 123 White Loaf Road, Southampton, MA 01073, agree to pay the sum of $380,0 00.00 for the premises located at 123 White LoafRoad, Southampton, MA 01073, from the proceeds of the settlement or judgment of my bodily injury claim for injuries sustai ined in the motor vehicle accident occurrin about April 27, 2007 to the owner o: f said g on or premises, Oni] R. Langlois, currently of 377 College Highway, Southampton, MA 01073. Signed this___S”_ day of Ay GUST, 2009. kane 4 Luli Spb Witness "Todd Lepine” Ne a Purchase and sales agreement 123 White loaf rd Southampton mass.01073 ’ Total of purchase is 360,000.00 1.We have agreed to rent to own at the sum of $1,000.00 per month that started on july 7,2009 till march 3 2,011 to the sum of$ 21,420.00. 2.0n march3,2011 we gave onil lanlois $100,000.00 deposit. 3.0n march 3,2011 we started loan for property and set payments at $1200.00a month for the duration of loan.$1000.00 goes toward the principle of loan and $200.00 goes to onil langlois for interest on loan. 4.Gas,electric,cable are in Todd Lepines name. 5.Weve paid onil langlois for water bill.Have not paid on taxes cause we got no notice, 6.win put taxes and water bill in are name as soon as we get deed in name. 7.Todd lepine and Pamela lepine agree to pay the sum of $1200.00 a month for the deration of loan and all utilitys that belong to 123 Whiteloaf rd. southampton mass. 8.We have paid $118,420.00 to date for property at 123 Whiteloaf rd. southampton mass.01073. 9.an utilitys belong to 123 Whiteloaf rd. southampton mass.0' 1073 are paid to date. 1 O.water bill for 123 Whiteloaf rd southampton mass.01073 is currently in onil langlois name and is being paid directly to town by Pamela Lepine by check. 11.terms and conditions are set as is and cant be chan ged or altered at anytime are binding to this agreement. Date a int is mai h2011 Date dcx fa nKabuiffceeasianGeuenntene Onil Onif Todd Lang! lois Langlois... Le i 77 Mido ge Highway southamp[ton mass.01073. pepasaeemnnanenanseectence af rd. southampton mass.01073 Todd Le; Sate ds ve eanenae: eeteeneenenseneces PG.10f2 Pamela Lepine if rdsouthampton mass.01073. Pamela Lepine. ZZ. annete, fe Attachment 1:For 123 whiteloat rd.southampton mass01073. EXHIBIT C $e Na’ 1.Total Payments to date are $4 31,420.00, 2. interest that has been paid from march 3,2011 is $2,200.00 to date. 3 .remaining amount that is due on propety at 123 Whiteloaf rd. Mas Southampton s.01073. is $229,530.00. 4.This remainder amount due is on land an id house at 123Whiteloaf rd, Southampton Mass.01073 5.The remainder of loan is $229,580. 00 to be paid as stated in page 1 of agrreement. purchase Date is Dec,3,2011 Date... ZechAd, lsc Onil Langt oi: 377A ‘oll fue Hig! y Spythampton Mass.01073 Oni Lanloi oveneticvessassadan Todd Lepine at nnausnensencees: Pananneenenesgraneneie elog! . southampton Mass.01073 Todd L seen, uenaeeeennne eeneanereneeeenne ae eennesenen Pamela Lepine 123 Vh! bai Southam pton Mass. 01073 seneeenen Pamela Lepine com suntaeneeee Sannenene: me PG2of2 ~’ Law Offices Of Charles F. Ksieniewicz 241 King Street, Suite 229 tel. (413) 586-0530 Northampton, MA 01060 fax (413) 585-8867 www.northamptonlegal.com email: attyefk@aol.com March 8, 2013 William J. O'Grady, Esq. Parker & O'Grady 124 College Highway P.O. Box 249 Southampton, MA 01073-0249 COPY Re: Tadd & Pam Lepine / Onil Langlois 123 Whiteloaf Road, Southampton, MA Dear Bill | am just following up on my conversation with you of last week regarding the above matter. | want to confirm my understanding of the proposed transfer of title. The so- called "Purchase and sales agreement" between the parties dated March 3, 2011 with an attachment dated Dec. 3, 2011, appears te contemplate a transfer of title with a "rent to own" feature Notwithstanding the lack of clarity in these documents prepared by the parties without legal counsel, it is my understanding from speaking with Todd that Onil and family are agreeable to have a deed executed transferring title to Todd and Pam Simultaneously with that Todd and Pam would execute a note and mortgage to Onil for the balance owed on the purchase price of $360,000.00. | believe that figure is about $205,000.00. An interest rate would have to be agreed upon, probably consistent with whatever the current mortgage rates are. The monthly payments would be $1,200.00 and the term would bé determined by the rate amortized to that monthly amount. If this in substance your client's understanding as well, please advise and |will prepare draft documents for your review. Thank you Very truly yours Charles F. Ksieniewicz / CFK/mh ce: Todd and Pam Lepine