The American Lawyer and Businessman's Form Book

VERIFIED COMPLAINT

Plaintiffs, John Doe and Jane Doe, maintaining their principal place of residence at , County of and State of , by way of Verified Complaint against the Defendants hereby allege:

1. The Plaintiffs are residents of the State of and are husband and wife.

2. The Defendants are, upon information and belief, residents of the State of and also husband and wife. The Defendants, upon information and belief, currently reside at . They own the residential home which is located at .

3. On or about the parties entered into a real estate contract for the purchase of the Defendants residential home at . A true copy of this contract is appended hereto as Exhibit 1.

4. Part and parcel with the execution of the foregoing real estate contract, the Plaintiffs deposited the sum of $ with the law firm of in , , as counsel for the Defendants (as sellers). This deposit still remains in trust and is being held by .

5. Due to a disagreement between the parties the closing did not occur and the contract was subsequently canceled.

6. Subsequently, the parties attorneys engaged in lengthy discussions with respect to attempting to settle the parties disagreements. The major issue under discussion was the release of the Plaintiffs security deposit i.e., the $ sum.

7. Eventually, the parties agreed that they would settle their differences and resolve this matter by 1) executing a mutual release agreement and 2) authorizing the release of the $ security deposit which was being held by . A true copy of a letter the Defendants counsel forwarded to the Plaintiffs confirming the settlement is attached hereto as Exhibit 2.

8. The Plaintiffs counsel then prepared a mutual release and forwarded it to the Defendants counsel on . A true copy of said mutual release is appended hereto as Exhibit 3.

9. Since some time had passed since the agreement was not returned to plaintiffs counsels office various follow-up telephone calls were made to the offices of . Additionally, two follow up letters dated and , were forwarded to the Defendants counsel.

10. To date no signed mutual release has been forwarded to the Plaintiffs counsel nor has the $ sum been released despite the Defendants agreement to do so.

11. The $ sum continues to remain in escrow without earning interest on behalf of the Plaintiffs and their ability to purchase another home is compromised by the absence of the $ sum.

12. The foregoing actions of the Defendants represent their bad faith in refusing to honor the settlement reached in this matter. Their bad faith necessitated the filing of this application to enforce the settlement reached between the parties since without a court order, the escrow monies cannot be released.

13. Additionally, because of the bringing of this action, the plaintiffs seek counsel fees and interest as well as an order which enforces the terms of the mutual release agreement as if it was executed by the Defendants themselves. Wherefore, the Plaintiffs demand judgment against the Defendants as follows:

A. Commanding the release of any and all escrow monies held by the law firm of which relate to this action and are the subject matter of this application;

B. Awarding counsel fees and interest to the Plaintiffs;

C. Ordering that the mutual release agreement be considered, by way of court order, be considered fully executed and in full force and effect; and

D. For any other relief this Court deems as just.

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.

Dated:

VERIFICATION

We JOHN DOE and JANE DOE, do hereby verify that:

1. We are the Plaintiffs in the foregoing Complaint.

2. The allegations of the Complaint are true to the best of our knowledge, information and belief.

3. The Complaint is made in truth and in good faith.

4. To the best of our knowledge and belief, this matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any such proceeding contemplated at this time.

5. To the best of my knowledge and belief, there are no other parties who must be joined in this action.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: