FORM 0096.

– THIRD PARTY COMPLAINT, MOTION FOR LEAVE

TO FILE

( Caption and Title)

DEFENDANT, through counsel, alleges:

1. That plaintiff in the above entitled case seeks to

collect from defendant the payment for two (2) cargo trucks
allegedly purchased by the latter from the former.

2. That defendant, in the purchase of said truck,

acted for and in behalf and as mere agent, of E.F., residing at
_________________________, who promised to pay the full purchase
price directly to plaintiff, and to whom the trucks were
delivered immediately after the purchase.

3. That said E.F. is not made a party to this action,

although defendant is entitled to indemnity and/or subrogation
against him, in respect to plaintiff’s claim.

WHEREFORE, defendant moves for leave, as third-party

plaintiff, to file a complaint against E.F., as third-party
defendant.

(Place, date and signature)

(Notice to plaintiff, if filed after service of answer)