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IN THE COURT OFCOUNTY, Petitioner/Plaintiff, V. CAUSE NO. Defendant/Respondent,))))))))) COMPLAINT COMES NOW _________ , by and through counsel and files this his Complaint against ___________ and in support thereof states the following: 1. Plaintiff ____________ ("______") is an adult resident citizen of ________, ____________ County, _____________. 2. Defendant ____________ ("______") is an adult resident citizen of ________________ County, ________________ who may be served with process at his residence ________________, ________________, ________________ ________________ or at his business address, ________________, ________________, ________________, ___________. 3. On ___________ ______, 20________, ________________ agreed to sell to ________________ and ________________ agreed to purchase from ________________ fifty (50) shares of the capital stock of ________________ a ________________ business corporation the ("Corporation") pursuant to the terms of that certain Stock Purchase and Sale - 2 - Agreement dated __________ _______, 20____ ("Agreement"). A copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. In connection with the execution of the Agreement, ________________ executed a Promissory Note ("Note") dated ___________, 20_______ in the principal sum of $____________ as payment for the balance of the purchase price, which Note provided for payment in _______ equal monthly installments of $__________ each beginning ____________, 20______ and reasonable attorney fees in the event of default. A copy of the Note is attached hereto as Exhibit "B" and incorporated herein by reference. 4. By virtue of the execution and delivery of the Agreement and the Note, ________________ became legally bound and obligated to pay ________________ the balance of the purchase price for the stock in accordance with the terms specified in the Agreement and Note. In addition, ________________ became legally bound and obligated to pay ________________ and to otherwise indemnify, defend and hold harmless ________________ against any and all claims, demands and actions related to the Corporation's business. 5. ________________ has defaulted under the Agreement and Note by failing or refusing to pay for the stock in accordance with the terms of the Agreement and Note. ________________ has not received any payment for the stock from ________________ since __________, 20____ and all payments accruing on and after _________, 20______ and presently due and payable. 6. ________________ has also defaulted under the terms of the Agreement by failing or refusing to indemnify, defend and hold harmless ________________ from all claims, demands - 3 - and actions related to or arising out of the conduct of ________________ as required by the Agreement. As a result of ________________ default, ________________ has been required to pay the following indebtedness related to or arising out of the conduct of the Corporation's business: (1) ________________ the sum of $___________; (2) ________________, the sum of $_________; (3) ________________ the sum of $_______; and (4) ________________ the sum of $_________, for a total of $________. COUNT I. PAYMENT OF PURCHASE PRICE 7. The allegations of paragraphs 1 through 6 above are incorporated herein by reference and realleged herein. 8. ________________ has breached the Agreement and Note and is in default by virtue of his failure to pay ________________ the __________ (_____) $__________ monthly installments for the period from ________, 20_______ through _________, 20_______. 9. As a result of ________________ breach of the Agreement, ________________ owes ________________ the sum of $___________ and ________________ is entitled to a judgment for said principal sum, plus pre-judgment and post-judgment interest at the legal rate. 10. In addition, ________________ is entitled to recover reasonable attorney's fees in the amount of $__________ and all costs of court, as provided by the Note. - 4 - COUNT II. BREACH OF INDEMNITY AGREEMENT 11. The allegations of paragraphs 1 through 10 above are incorporated herein by reference and realleged herein. 12. ________________ agreed to indemnify, defend and hold harmless ________________ against any and all claims, demands and actions related to the conduct of the Corporation's business. However, ________________ has failed or refused to indemnify, defend and hold harmless ________________ against such claims and demands and is therefore in default under the Agreement between the parties. Because of ________________ failure or refusal to indemnify, defend and hold harmless, ________________ has been subjected to suits and other claims by the creditors of ________________, resulting in the payment by ________________ of $_________ to such creditors, plus an expenditure of not less than $__________ for attorney's fees in defending himself against such claims. 13. Because of ________________ failure or refusal to indemnify, defend and hold harmless ________________ against such claims and demand as required by the Agreement, ________________ has suffered damages in an amount not less than of $_________ and is entitled to a judgment for said sum, plus pre-judgment and post-judgment interest on the entire amount at the legal rate until paid and reasonable attorney's fees and costs of court incurred in maintaining this action.WHEREFORE, PREMISES CONSIDERED, ________________ prays that Summon - 5 - issue against ________________, that he be cited to appear and answer herein, and that upon final hearing hereof ________________ have judgment entered against in an amount not less than $__________, with pre-judgment and post-judgment interest on the entire amount at the legal rate, attorney's fees, and all costs of court. Plaintiff also prays for such other and further relief to which it may be entitled.Respectfully submitted,________________by: _______________