Fill and Sign the Doe Plaintiffs Motion for Leave to Proceed under Pseudonyms Form

JOHN LAWYER, ESQ. 12 MAIN STREET ANYWHERE, USA Attorneys for Plaintiffs JANE DOE AND JOHN DOE,Plaintiffs, vs. JACK SMITH AND JANE SMITH, Defendants. ___________________________ SUPERIOR COURT OF NEW JERSEY [insert]COUNTY LAW DIVISION DOCKET NO. __________________ CIVIL ACTION COMPLAINT, JURY DEMAND, AND DESIGNATION OF TRIAL COUNSEL Plaintiffs, Jane Doe and John Doe residing at [insert address], by way of Complaint against the Defendants, say: THE PARTIES Error! Reference source not found.2. Plaintiffs are residents of the State of [insert] and are husband and wife. 3. Upon information and belief, the Defendants are residents of the State of [insert] and are also husband and wife. The Defendants are also the current owners of real property (i.e., a residential home) located at [insert address] (hereinafter ฀the Property ฀). THE CONTRACT FOR PURCHASE 4. On or about [insert date], the parties executed a contract for the purchase of the Prope rty (hereinafter ฀the Contract ฀). Specifically, the Plaintiffs agreed to purchase the Property for a price of $[insert price]. The closing was to take place on or about [insert date]. A true copy of the Contract is appended hereto as Exhibit 1. 5. At or about the same time the Contract was executed the Plaintiffs paid a $[insert] deposit to the Defendants (through their agents) with the deposit being held pending closing of title. Upon information and belief, said deposit was held (and is still being held) by the Defendants ฀ counsel. 6. A closing date was subsequently scheduled for [insert date], however, at the walkthrough inspection of the Property, the Plaintiffs discovered that the basement to the Property ha d flooded with resulting damage. The Plaintiffs demanded that necessary repairs be made and also set down a new closing date for [insert date] with that date being made time of the essence. 7. Subsequently, the Plaintiffs also learned that the [insert place] had indicated that the Defendants were not entitled to a continued certificate of occupancy because of outstanding items which needed repairs. 8. Additionally, the Plaintiffs then learned that a [insert] water system which wa s once operational was no longer working. The Plaintiffs also sought a credit for this malfunctioning system. 9. Finally, the Plaintiffs learned that there were remaining open building permits pe rtaining to the Defendants ฀ basement which was partially completed. The parties discussed two options pertaining to resolving the open permits; one, that the Plaintiffs would have the permits transferred into their names in order to complete the work and second, that t he permits would be withdrawn with the Plaintiffs maintaining their ability in the future to re-apply for said permits. 10. The parties agreed that the Defendants would restore the basement to the conditi on it was in prior to the flooding and that the permits would be withdrawn. In fact, in a letter dat ed [insert], the Defendants ฀ attorney specifically stated that the Defendants ฀will complete the basement. ฀ 11. However, without notice and much to their shock and amazement, upon attending a walkthrough on [insert date], the Plaintiffs discovered that all the prior work and fixtures in the basement area had been removed and dismantled. The basement was no longer in a partially finished state and in fact it was not ฀finished ฀ at all. The Plaintiffs demanded the issuance of either an escrow or credit which was rejected by the Defendants. 12. Because of the actions of the Defendants in refusing to abide by the terms of the Contract, or cooperate or deal in good faith, on [insert date], the Plaintiffs were left with no choice but to declare the Contract breached by the Defendants and the Plaintiffs also demanded the return of their $[insert] deposit. 13. Despite the Plaintiffs ฀ compliance with the Contract provisions and being ready, willing and able to close, the Defendants ฀ refused to return the Plaintiffs ฀ deposit. COUNT ONE: BREACH OF CONTRACT 14. As a result of the Defendants฀ actions they have breached the Contract. 15. As a result of said breach, the Plaintiffs ฀ have been damaged. 16. The Plaintiffs ฀ damages includes their $[insert] security deposit, along with out of pocket expenses totaling $[insert] which pertained to such things as overnight mailings, wire transfer fees, funding fees, counsel fees paid to the Plaintiffs ฀ closing attorney, inspection fees, penalties paid to the Plaintiffs ฀ lender, and an application fee paid to the Plaintiff ฀s lender. WHEREFORE, the Plaintiffs demand judgment against the Defendants in the form of compensatory damages in the amount of $[insert], plus pre-judgment interest, attorney ฀s fees and costs of suit. COUNT TWO: BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 17. The Plaintiffs repeat each and every allegation made in the foregoing paragraphs 1-15 as if same were repeated at length herein. 18. Implied in every contract in the State of [insert] is a covenant of good faith and fair dealing. 19. The foregoing actions on the part of the Defendants breached the implied covenant of good faith and fair dealing which was implied in the Contract. 20. As a result of the Defendants ฀ foregoing breach, the Plaintiffs have been damaged as alleged above. WHEREFORE, the Plaintiffs demand judgment against the Defendants for compensatory damages, plus pre-judgment interest, attorney's fees and costs of suit. COUNT THREE: UNJUST ENRICHMENT 21. The Plaintiffs repeat each and every allegation made in the foregoing paragraphs 1-19 as if same were repeated at length herein. 22. As a result of the Defendants ฀ actions, they have been unjustly enriched to the detriment of the Plaintiffs. 23. As a result of this unjust enrichment the Plaintiffs have been damaged. WHEREFORE, the Plaintiffs demand judgment against the Defendants for compensatory damages, plus pre-judgment interest, attorney's fees and costs of suit. DEMAND FOR TRIAL BY JURY The Plaintiffs in the within cause hereby demand a trial by jury of all issues raised in this matter. DESIGNATION OF TRIAL COUNSEL John Lawyer, Esq., is hereby designated as trial counsel in the within matter. CERTIFICATION I hereby certify, pursuant to R. 4:5-1, that the matter in controversy in this action is not the subject of any other action pending in any court or of a pending arbitration proceeding, no other action or arbitration is contemplated and no other parties must be joined in this action. _____________________________ JOHN LAWYER Dated: