COMMONWEALTH OF MASSACHUSETTS

DIVISON OF THE TRIAL COURT

HAMPDEN, SS. SPINGFIELD DISTRICT COURT

CIVIL ACTION NO.

_____________________________
JERAD P. OSTROWSKI )
Plaintiff, ) VERIFIED COMPLAINT & REQUEST
) FOR GENERAL REAL ESTATE
v. ) ESTATE ATTACHMENT
)
JACQUI R. VENNE & )
WILLIAM ROONEY, )
Defendants. )
______________________________)

1. Jerad P. Ostrowski is a natural person residing at 321 Blisswood Village Drive, Ludlow,
Massachusetts 01056.

2. Defendant Jacqui R. Venne is a natural person residing at 93 Grochmal Avenue, Lot 122,
Indian Orchard, Massachusetts.

3. Defendant William E. Rooney is a natural person with a principal place of business at

563 Center Street, Ludlow, Massachusetts 01056.

4. Defendant William Rooney is a licensed Massachusetts Attorney engaged in trade or

commerce within the Commonwealth of Massachusetts.

5. In or about April of 2017, Plaintiff began negotiating with Defendant Venne to purchase
property known as 31 Colonial Drive, in Ludlow, Massachusetts.

6. At the time of negotiations, Defendant Venne was involved in a Chapter 13 Bankruptcy,

under a plan.

7. Plaintiff Ostrowski was informed by Attorney Eric Kornblum, Defendant Vennes

bankruptcy lawyer, that the terms of any sale had to be approved and authorized by the
bankruptcy court.

8. Plaintiff Ostrowski entered into a Purchase and Sale Agreement with Defendant Venne.

9. Defendant Venne warranted and represented that all past due property taxes would be
resolved through and paid through the approved sale by the Bankruptcy Court. A copy of
the Purchase and Sale Agreement is attached hereto at Exhibit A.
10. Defendant Venne represented and warranted that such property taxes would be, or
already were paid. See Exhibit B attached hereto.

11. At the time of close, Plaintiff Ostrowski further insisted upon a Post-Closing Agreement
that any inaccurate figure provided by the Defendant Vennes agents would be corrected
immediately. See Exhibit C attached hereto.

12. In allowing the subject transfer of the property, the bankruptcy court specifically
employed Defendant Rooney per court order.

13. Defendant Rooney accepted the duty and responsibilities of specially employed counsel
by the Bankruptcy Court to effectuate at sale in accordance with Defendant Vennes
Chapter 13 Plan, and the courts order to effectuate said plan. Defendant Rooneys
appointment as special counsel is attached hereto as Exhibit D.

14. Defendant Rooney owed the Plaintiff a duty to ensure the terms of the sale was effected
in accordance with the terms of his appointment by the Court.

15. The Court ordered the terms of the sale as represented in the Motion to Employ
Defendant Rooney as counsel.

16. The material terms required that all property taxes owed through the date of the sale be
paid in accordance with the courts order and existing Chapter 13 Plan.

17. Plaintiff Ostrowski relied upon the order and the special employment of Defendant
Rooney as it related to Defendants Venne Bankruptcy property tax issues.

18. Plaintiff Ostrowski reasonably relied upon the representations of the Defendants, and
relied upon the bankruptcy courts order of which the Defendants were required to abide
by.

19. On June 30, 2017, the subject real estate was transferred from Defendant Venne to
Plaintiff Ostrowski.

20. On or about July 30, 2017, Plaintiff Ostrowski was informed by the Town when he went
to pay his August 1, 2017, quarterly taxes that Defendant Vennes past due property taxes
in the amount of $19,000.00 were not paid.

21. To date, Defendant Venne has not paid the property taxes of which she had represented
were current.

22. To date, Defendant Rooney has failed to resolve the issue as specially-employed counsel.
 Count I:
Breach of Contract
Plaintiff v. Defendant Venne

23. Plaintiff incorporates all previous paragraphs herein by reference

24. Plaintiff entered into a contract with the Defendant which material terms required the
payment of property taxes.

25. The subject contract terms was approved by the Bankruptcy Court with an order of
specially employed counsel to complete the sale per the terms of the contract and court
order.

26. The Defendant has breached the subject contract.

27. The Plaintiff has been damaged by the breach of said contract.

Count II:
Unjust Enrichment
Plaintiff v. Defendant Venne

28. Plaintiff incorporates all preceding paragraphs herein and further states:

29. Defendant Venne received a benefit that was unjust, namely, the approximately
$19,000.00 which was represented to be used to pay off all taxes on the property.

30. Defendant Venne had no reasonable expectation that she had any right to the
approximately $19,000.00 that was transferred to her, and immediately purchased
property with that money.

31. Defendant Venne has been unjustly enriched in the amount of money that she should
have spent to pay off all unpaid taxes, as she represented she would do.

32. Defendant Venne is liable to the Plaintiff in the amount that she was unjustly enriched.

Count III:
Negligent Misrepresentation
Plaintiff v. Defendant Rooney

33. Plaintiff incorporates all previous paragraphs herein by reference.

34. Defendant Venne made written and oral representations that the property taxes would be
paid through the approved bankruptcy sale.
35. Defendant Rooney warranted as specially employed counsel that he would comply with
the Courts order and ensure the property taxes would be paid in compliance with eh
Court order.

36. Defendant Rooneys office made representations at the time of closing that no
adjustments were owed and due to Defendant Venne and lead the Plaintiff to believe the
back taxes were resolved via her bankruptcy petition with the Town of Ludlow.

37. Plaintiff relied upon the representations made by the Defendants.

38. Plaintiff reliance was reasonable in light of the representations and bankruptcy court
order.

39. Plaintiff has been damages by the misrepresentations of the Defendants.

Count IV:
Negligence
Plaintiff v. Defendant Rooney

40. Plaintiff incorporates all previous paragraphs herein by reference.

41. Defendant Rooney owed the Plaintiff a duty as specially employed counsel by the
Bankruptcy court to properly effectuate the sale of the property in accordance the Court
Order.

42. Defendant Rooney undertook this duty by seeking the employment as employment as
special counsel and agreeing with the Court to comply with the Courts order.

43. The Courts order adopted the terms as set forth in Defendants Vennes motion before
the bankruptcy Court.

44. At closing, Defendant Rooney represented that his client was owed and due $23, 619.85.

45. At closing, Defendant Rooney did not comply with the Courts order by ensuring the
property taxes that were owed and due through the Town of Ludlows claim in Defendant
Vennes bankruptcy case were paid.

46. Defendant Rooney has not demanded that Defendant Venne return the funds to date.

47. Plaintiff has been damaged by the Defendant.

WHEREFORE, Plaintiff prays as follows:

1. Judgment to enter for the Plaintiff on all counts;

2. Court to assess damages and pre-judgment and post-judgment interest thereon;

3. Court to allow a general real estate attachment as to all assets of Defendant Venne;

4. Court award Plaintiff his reasonable attorney fees and costs.

RESPECTFULLY,
THE PLAINTIFF,
THROUGH COUNSEL:

Dated: August 9, 2017

Richard L. Herbert
Rich Herbert Law
BBO #694841
P.O. Box 80232
Springfield, MA 01138
(413) 212-9849 Telephone
(413) 304-6000 Facsimile
Rich@RichHerbertLaw.com

CERTIFICATE OF SERVICE

I, Richard L. Herbert, do hereby certify that I served a copy of this document to all parties
to this action, or their counsel, by sheriffs service with return affidavit.

Dated: August 9, 2017

Richard L. Herbert