5 - :??gihfn
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Fin I - 
WARRANT IN DEBT SMALL CLAIMS DIVISION
Commonwealth of Virginia VA. CODE ?16.1-79; 16.1-12.3 23; {Iii} p: I 

 

CASE NO.

RETURN TE
39 H- (p (p
Agrincten, Amy 

NEXT HEARING
DATE AND TIME

 

 

Church
CITY OR COUNTY

General District Court

TO ANY AUTHORIZED OFFICER: You are hereby commanded to summon the Defendant(s).
TO THE S): You are summoned to appear before this Court at the above address on

. .CI . to answer the Plaintif?s)? civil claim (see below)

RETURN DATE AND TIME 

. 
i . ti 

I A 1 (at. 
sir I I



DEPUTY CLERK IMAGISTICATE

DATE ISSUED

CLAIM: Plaintif?s) claim that Defendant(s) owe Plaintif?s) a debt 435.0030. . . net Ofany With Interest at . . .6100 . . . from . . . . ISO er . . . .90 until paid.
INTEREST RATE DATE FROM WHICH Is DUE
1.0.8.90. costs with the basis Of this claim being
COSTS

Open Account JContract ]Note Other (EXPLAIN)
.. a . Section 
HOMESTEAD EXEMPTION ]cannot be demanded

DATE Ix] PLAINTIFF EMPLOYEE

February 3, 2011

Remnant 
445.14.916.61: View. Farm RaniWashes. 349296.59Cars International LLC Cars International A, LLC
DEFENDANTIS) (LAST NAME. FIRST NAME. MIDDLE 9/9. transat?gsn?bid AWN . . . .
. . CASE DISPOSITION
I JUDGMENT that the Plaintif?s) recover against[ named Defendant(s) - 

   

net of any credits, with interest at from until paid.
INTEREST RATE DATE FROM WHICH IS DUE
costs
cosrs
HOMESTEAD EXEMPTION YES No CANNOT BE DEMANDED
JUDGMENT FOR NAMED 
NON-SUIT 7 
Defendant(s) Present? YES 
1N0
Indemnifying bond of$ ]secured unsecured required for lost instrument

(Va. Code 8.01-32)

 

 
 

FORM FRONT 

If 
"a
WARRANT IN DEBTH
SMALL CLAIMS DIVISION

TO DEFENDANT: You are not required to appear;
however, if you fail to appear, judgment may be entered
against you. By law, this case must be tried on the
return date above unless all parties agree upon a
different date for trial. Other continuances shall be
granted by the court only for good cause shown.

Grounds of Defense 
ORDERED 

 

 

DISABILITY ACCOMMODATIONS for loss of
hearing, vision, mobility! etc., contact the court
ahead of time.

 

 

 

 

 

JUDGMENT PAID OR
SATISFIED PURSUANT
TO ATTACHED NOTICE

OF
SATISFACTION

1.

10.

11.

The defendants are the sellers of automobiles in the State of Virginia for personal use.

On September 25, 2009, plaintiff purchased a vehicle from defendants bearing Stock NL mber

94608 according to the buyer?s order prepared by the defendants. Plaintiff paid defenda
$1,500.00.



Based on the defendants? agent?s false promises and misrepresentations that the plaintiff would
receive a refund of her deposit in the amount of $1,500.00 if she returned the vehicle in its

delivered condition, plaintiff returned the vehicle to defendants on October 25, 2009.

The defendants failed to return the deposit money on delivery, but again falsely and

fraudulently promised to return the deposit in five to seven business days (see attached letter).

Relying on this representation, plaintiff delivered the vehicle to the defendants on Octob
2009.

Defendants did not return any of the deposit money despite the written confirmation.

er 25,

Defendants? actions were willful and at no time did defendants intend to return the deposit

money.

The defendants? actions were at all times part of a scheme to obtain funds from plaintiff
delivering title to the vehicle.

without

By promising to return the deposit money, plaintiff was fraudulently induced to return the car.

As a result of defendants? actions plaintiff was damaged in the amount of $1,500.00 plus

interest since October 25, 2009.

Pursuant to Section 59.1?204, Code of Virginia, plaintiff is entitled to three times the actual

damages sustained, plus court costs.

 

 

 

 

 

 

 

 





 

 

624 South Washington St Falls Church VA 22046 Tel: 703?53 1?1060 Faxz703?53l? 1064

October 25th 2009

This letter is to inform you that Amy Arrington has returned the vehicle to Cars

International on October 25th, 2009. According the Cars International refund policy the
refund of $1500.00 (?fteen hundred dollars) will be mailed to the person mentioned on

the bill of sale, Amy Arrington, in 5-7 business days.

Thank 





.. .- pm" 
. 1. 

 

 

 
I 151.7713." ?7 I 

WARRANT IN DEBT SMALL CLAIMS DIVIS &5 ?519

Commonwealth of Virginia VA. CODE I 9.9 "on 
'2 g.









 

 

 



@6455

 

 

     


. It Knead? .
pr em @40ng

STREET ADDRESS OF COURT

TO ANY AUTHORIZED OFFICER: You are hereby commanded to summon the Defendant(s).
JO THE You are summoned to appear before this Court at the above address on

. . . .q Mm answer the Plaintiff(s)? civil claim (see below)

DATEAND TIME

. . TO 

DATE ISSUED

 
  
 

 

STRATE


CLAIM: Plaintif?s) claim that Defendant(s) owe Plaintiff(s) a debt any credits, with interest at . . . 6 from . . .0. .0. until paid.
INTEREST RATE DATE FROM WHICH IS DUE

.5. 23350.0 costs with the basis of this claim being

Open Account Contract Note Other 27' . f? .4324. for? . 

inc-ft); . . .MPYIQCT. . re. gagged. . . i em 12AM: 

HOMESTEAD EXEMPTION ]cannot be demanded

9/1? .0. 


 

 

DATE EMPLOYEE
CASE DISPOSITION 
JUDGMENT that the P1aintiff(s) recover against[ named Defendant(net ofanycredits?wrth'inteilest at from until paid.

INTEREST RATE DATE mom WHICH IS DUE
costs
COSTS
HOMESTEAD EXEMPTION YES NO CANNOT BE DEMANDED
JUDGMENT NAMED 
NON-SUIT DISMISSED 
Defendant(s) Present? YES 
INO

Indemnifying bond of ]secured[ ]unsecured required for lost instrument

(Va. Code 8.01-32)


?ay/Ag

4/147?

FORM DC402 (FRONT) 10/07 (A102270 2/10)

M.
?9245. . . Imterm . 

?64.15. m. . 2.9+..er 
70} ?5'32? [060
WARRANT IN 
SMALL CLAIMS DIVISION



 

 

 

 

 

 

 

 

 

 

 

 

 

 



TO DEFENDANT: You are not required to appear;
however, if you fail to appear, judgment may be entered
against you. By law, this case must be tried on the
return date above unless all parties agree upon a
different date for trial. Other continuances shall be
granted by the court only for good cause shown.

Grounds of Defense



 

DISABILITY ACCOMMODATIONS for loss of
hearing, vision, mobility, etc., contact the court
ahead Of time.

 

 

 

 

JUDGMENT PAID OR
SATISFIED PURSUANT
TO ATTACHED NOTICE

OF
SATISFACTION





 

 

WARRANT IN DEBT SMALL CLAIMS DIVISION

Commonwealth of Virginia VACODE 16.1-79; 16.1-1223


.CI.I 1.300TerViA .. . 
Ial venue 


(Si boi (215: sumziined to appear before this Court at the above address on

TO ANY AUTHORIZED OFFICER: You are hereby commanded to summon the Defendant(s
TO THE DEFEND 

DATE AND TIME

.in 

DATE ISSUED

answer the Plaintif?s)? ci '1 claim (see below)

   
  

 

I LERK DEPUTY CLERK 

CLAIM: Plaintif?s) claim that Defendant(s) owe Plaintif?s) a debt in the sum 0

$51.00 0. net of any credits, with interest at . . . . . from . . . . .
INTEREST RATE DATE FRO
. DI00 

COSTS

Open Account ]Contract ]Note IT
.6 . me tome- 0rd: :1;an marsh and. sheen Ema-I. anat-

A until paid.

WHICH IS DUE

  

costs with the basis of this claim being

0mm] District-Genet?

 

HEARING
AND TIME

 

 

 

   

Cars.?? 

DEFENDANT



(3) (LAST NAME. FIRST NAME, MIDDLE INITIAL) A

 

 

 

WARRANT IN 
SMALL CLAIMS DIVISION

 



. 0 a -

HO TEAD EXEMPTION ]cannot be demanded Jamel? 3114 CS
Win CW MD

PLAINTIFF EMPLOYEE

 

 

 

CASE DISPOSITION
JUDGMENT that the Plaintif?s) recover against named Defendant(s) 

. . . . ,4 from . . . until paid.

INTEREST RATE DATE FROM WHICH any credits, with interest at

gym-W

STS
HOMESTEAD EXEMPTION YES NO CANNOT BE DEMANDED
JUDGMENT FOR NAMED 
NON-SUIT DISMISSED 

Defendant(s) Present? 


Indemnifying bond of ]Secured ]unsecured required for lost instrument

JUDGE



IL

 



TO DEFENDANT: You are not required to appear;

however, if you fail to appear, judgment may be entered

against you. By law, this case mastzge tried on the

return date above unless all parg??gpgijee upon a

different date for trial. Other co?tinuag?es shall be

granted by the court only for good ca?iISe 


cr-



Grounds of Defense 
ORDERED

DISABILITY ACCOMMODATIONS for loss of
hearing, vision, mobility, etc., contact the court
ahead of time.

 

ORI




950M.

 

 

 

 

 

 

 

 

 

 

 

JUDGMENT PAID OR
SATISFIED PURSUANT
TO ATTACHED NOTICE

OF
SATISFACTION

 

 

"i


Transfer to Another Locality: If the Defendant
believes that Plaintiff(s) should have ?ledthis
suit in a different city or county, you may file a

 



NAME 5 ?ll/V4673 MIL 

 

written request to have the case moved for trial
to the general district court of that city or county.
To do so, you must. do the following:

 

1. Prepare a written request which contains 

- . Tel.
this court's name, the case number and PERSONAL SERVICE

No. 

 

 

the ?return date? as shown on the other side
of this form in the top right corner, (0)
Plaintiff(s)? name(s) and Defendant(s)?
name(s), move to object to venue of
this case in this court because? and state the
reasons for your objection and also state in
which city or county the case should be
tried, and your signature and mailing
address.

Being unable to make personal service, a copy was
delivered in the following manner:

Delivered to family member (not temporary sojoumer
or guest) age 16 or older at usual place of abode of party
named above after giving information of its purport.
List name, age of recipient, and relation of recipient to
party named above.

Posted on front door or such other door as
appears to be the main entrance of usual place of
abode, address listed above. (Other authorized
recipient not found.)

Served on Secretary of the Commonwealth

2. File the written request in the clerk?s office
before the trial date (use the mail at your
own risk) or give it to the judge when your
case is called on the return date. Also send

or deliver a copy to plaintiff.
Served on Clerk of the State Corporation Commission.

15? 17
PERSONAL SERVICJ 

I Being unable to make personal service, a copy was
delivered in the following manner:

 

 

 

 

 

 

Delivered to family member (not temporary sojoumer
or guest) age 16 or older at usual place of abode of

 

_x ?Mac/776192? 

 

 

 

 

3. If mailed to the court. you will be notified of
the judge?s decision.

 

FOUND

 

 

SERVING OFFICER

 

 

for 
DATE

REMOVAL TO GENERAL DISTRICT COURT

I, the undersigned defendant, am exercising my right to remove this case to the general district court of this
jurisdiction by signing and giving this notice to this court before the case is decided.

 

DATE DEFENDANT ATTORNEY FOR DEFENDANT

)oral 1 written notice of removal has been received this day in this small claims division.

 



DATF CLERK JUDGE

FOR-VI DCV it)? (REVERSE) 7?0]

party named above after giving information of its
purport. List name, age of recipient, and relation of
recipient to party named above.


Posted on front door or such other door as
appears to be the main entrance of usual place of
abode, address listed above. (Other authorized
recipient not found.)
I Served on Secretary of the Commonwealth

 

1 Served on Clerk of the State Corporation Commission.

a aware

SERVING OEFICER

. PH 
f0 .. Wt

 

 

 

NOT FOUND

 

 

 

 

 

 

 

1
I
I certify that I mailed a copy of this document to the[
defendants named therein at the address shown therein on I
i

 

jPiaintiff
I Plaintiff's Employee

 

 

 

 VA. Sq 

A

n'wealth of Virginia
General District Court

   

UIVLA VV 1? UL U114 nu?h1\

CIVIL. CLAIM FOR EVICTION)

Kilt. 1! il 
Falls Church



CITY OR COUNTY

STREET ADDRESS OF COURT
TO ANY AUTHORIZED OFFICER: Summon the Defendant(s) as provided below:

a .

CASE NO. .. 37.5:

BROADWAY IRA LLC

PLAINTIFNS) NAMES) (LAST, FIRST, MIDDLE)
10916 Barn Wood Lane




11?3?,

 

 



CLERK 

DATE ISSUED

CLAIM AND AFFIDAVIT: That Defendant(s) unlawfully detains 3de withholds from Plaintiff(s):

0F DETAINED PROPERTY
and that the Defendant should be removed from possession based on the following:

unpaid rent 

and further that rent is due and owing and damages have been incurred as follows:

14'44499 rent due for and fr 9m 9/ 1 
RENT PERIOD AND BEGINNING 

and 97500 late fee and damages for 

and 51hr costs and civil recovery and attorney?s fees.

This summons is ?led to terminate a tenancy pursuant to the Virginia Re ide tial Landlord and Tenant

Act, 55-2482 et? seq. of the Code of Virginia. 
All required notices have been given. 

AGENT

 

 

 

Subscribed and sworn to before me this day 0 +1:be 20 lg). 

My commission expires: . 1,141ng

REGISTRATION No mumvimurv CLERK PUBLIC
[]City untyof 

CASE DISPOSITION 

JUDGMENT that Plaintif?s) recover against named DEF S).
possession of the premises described above pursuant to 8.01-128.

A hearing shall be held on to establish ?nal rent and damages.
DATE AND TIME

Immediate writ of possession authorized pursuant to Virginia Code
8.01-129 based upon a judgment of default for a trustee?s deed following foreclosure
the nonpayment of rent immediate non?remediable termination.
55-243 or 
YES NO

DATE JUDGE

Rent, in the sum of with interest 
AND BEGINNING 

and late fee and damages and

costs and civil recovery and attorney?s fees.
HOMESTEAD EXEMPTION YES NO CANNOT BE DEMANDED

JUDGMENT FOR NAMED 
DISMISSED YES 

 

NAMEIS) (LAST, FIRST, MIDDLE)

CARS INTERNATIONAL A, LLC


7110 Falcon St, Annandale,VA 22003

TELEPHONE NUMBER

TO DEFENDANT: You are not required to appear;
however, if you fail to appear, judgment may be entered
against you. See the additional notice on the reverse
about requesting a change of trial location and your right
to prevent this unlawful detainer action through payment
of amounts owed.

To dispute this case, you must appear on the return
date to try this case

To dispute this case, you must appear on the return
date for the judge to set another date for trial.

 

If you fail to appear and a default judgment is entered
against you, a writ of possession may be issued
immediately for possession of the premises.

Bill of Particulars ordered 
DUE DATE

Grounds of Defense ordered 
DUE DATE

ATTORNEY FOR 
Frank Sofocleous,VSB 17105


703 237-3335 fax

TELEPHONE NUMBER

ATTORNEY FOR S)

TELEPHONE NUIVIBER



 

 

 

 

Redemption tender
presented; continued to:

HEARING DATE AND TIME

FOR VA RESIDENTIAL
LANDLORD AND TENAN 
ACT ONLY:

Defendant must pay:

58 

RENT OWED
into the court to be held in
escrow by

DATE
and any rents coming due prior
to the next hearing date must
also be paid into the court.

 

INITIALS

 

 

 

 

DISABILITY ACCOMMODATIONS for loss of
vision, hearing, mobility, etc. Contact the court ahead of
time.

 

 

MONEY JUDGMENT PAID OR
SATISFIED PURSUANT TO
ATTACHED NOTICE OF
SATISFACTION

 

 

 

DATE JUDGE
FORM DC-421 FRONT 07/10

 

 

BROADWAY IRA LLC CARS INTERNATIONAL A LLC

1. Defendant, Cars International A LLC, terminated its tenancy on 9/16/2010 by Virtue of
transferring its leasehold interest per an Assignment and Modi?cation of Lease Agreement
effective September 16, 2010.

2. In the alternative, Defendant, Cars International A LLC has defaulted under its lease
for the premises including but not limited to the following:

A. failure to pay $2,000.00 representing the balance owed for base rent for the
month of August, 2010.

B. failure to pay $600.00 late fee for August base rent of $12,000.00.

C. failure to pay returned check fee of $375, representing at least 5 dishonored
checks.

D. failure to pay real estate taxes of $12,449.99 for the period 1/1/2010 to
9/ 16/2010.

E. failure to pay security deposit of $30,000.00

 

IN TIM DISTRICT COURT
MONTGOMERY COITNTY, II{ARYLANI)

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BRIAN JENKINS
11600 Stewart Ln. #301
Silver Spring, MD 20904

PIaintiff

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CARS INTERNATIONAL, LLC
624 South Washington St
FaIIs Church, VA 22046
Defendant

Case No.

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ORIGINAL COMPLAINT FOR MOI\TETARY DAMAGES
Parties
1.

Plaintifl Brian Jenkius is an individual residing in Montgomery County, Md.

2. Defendant, Cars International, LLC is a limited
State of

liabitity corporation doing business in the

Virginia. Its registered agent for service is Abid Adan Awan, 624 S.

Washington St., Fall Churctu

VA 22046.
Jurisdiction and Venue

3. Jurisdiction is proper over Cars International,

LLC

as

it

has regular business contacts

with &e State of Maryland through the sale of used vehicles. It also advertises inthe
State of

Maryland. By having minimum contacts and reaching out to consumers in

Maryland, Defendant has minimum contacts with the State of Maryland to justiff the
exercise of jurisdiction.
4. Jurisdiction is proper under Md. Code Ann. Cts.

amounts claimed do not exceed $30,000.00

&

Jud. Proceedings $4-401 as the

 5.

Venue is proper pursuant to Md. Code Ann. Cts. & Jud. Proceedings $6-201 as events
made the basis

ofthis suit occurred in Montgomery County, Maryland.
f,'acts

6. In late December 2009, from his home in Montgomery County, Maryland,

Plaintiff

searched the intemet for a used vehicle.

7.

On the Cars International website which is accessible in the state of Maryland, Plaintiff
located the type of vehicle he was looking for that was within his price range.

8.

Through the Cars International website, which was accessible in the state of Maryland, he

Plaintiffwas able to complete

a

pre-application for financing. In this pre-application,

Plaintiff listed his Maryland address.

g.

Plaintiffwas pre-approved for financing. Defendant when it approved the financing was
aware that

Plaintiffwas located in Maryland.

10. On or about January

z,z0t0,Plaintiffwent to Defendant's location in Falls Church, VA

to purchase a used vehicle.
11.

Plaintiffchose a2000 BMW 328i forpurchase. He was aware the vehicle was used and
had high mileage indicated on the odometer.

12.

Plaintiffwas not told about several major mechanical issues with the vehicle.

13. Agents and/or employees of Defendant deliberately withheld information about the major

mechanical issues in an effort to induce Plaintiffto purchase the vehicle.
14. Agents and/or employees of Defendant specifically assured

Plaintiffthat the vehicle was

in fine mechanical condition and would pass Maryland inspection.
15. Agents and./or employees of Defendant only indicated that as a used vehicle there may be

difficulties with such

a

vehicle.

 16. Agents or employees of Defendant did not specifically mention that there were problems

with the vehicle, including the battery needed immediate replacement the radiator, the
water pump and the brakes needed immediate repair and various fluids in including the

power steering needed to be filled.
17. Based on the assurances from Defendant's agents and/or employees,

Plaintiffcompleted

the paperwork to purchase the vehicle. He paid a down palment of $2,800.00 and
contracted to make $236.42 per month payments.
18.

At the time of sale, Plaintiffwas given a limited warranty that covered the *drive tain"

ofthe vehicle.
19. On or about January

3,2010, Plaintiffattempted to start his vehicle. It would not start

as

the batterywas dead.
20. Plaintiffreturned the vehicle to Defendant. Rather than replacing the battery, Defendant

merely informed Plaintiffthat he should keep the vehicle running and not use the lights
or radio.
21. When Plainffiattempted to have the vehicle inspected in Maryland on February 20,

zlll,it

failed the inspection.

22. Plaintiffrepeatedly contacted Defendant about the various mechanicat issues.
23. Defendant repeatedly assured him the iszues would be

fixed.

Defendant never repaired

the vehicle.
24. Defendant also offered to pay half the cost of fixing the vehicle, but never did so.

Plaintiffwas forced to pay out of his own pocke! despite the limited warranty, in order to
keep the vehicle running.

 25. Due to the unexpected repair expenses, Plaintiffcould only make partial pa5anents on the

vehicle.
Plaintiff

These payments were accepted by the finance company and not retumed to
as unacceptable.

26. Instead of keeping its promises to Plaintiffto repair the vehicle, Defendant contacted a
repossession company to retum possession of the vehicle to Defendant.

27. Plaintitrcontacted Defendant on or about March 11, 2010 to resolve the issues and avoid
repossession.

28. Defendant informed Plaintiffhe should bring the vehicle back to Defendant and a new

financing deal would be worked out.
29. Onor about Saturday, March 13,2010, Plaintiffreturned the vehicle to Defendant in

Falls Chnrch, in the belief a new financing deal would be completed.
30. Plaintitrarrived at around 2 p.m. From that time until 7 p.m., he was informed that a new

financing deal was imminent.
31.

At 7 p.m., Plaintiff was informed that there would

be no new financing deal and he was

free to leave.
32. Plaintiffproceeded to leave by going to his vehicle, only to discoverthat it was blocked

in by police cars. Plaintiffwas informed that the car was no longer his, the Defendant
had taken back possession. Plaintiffwas not even allowed to refrieve his personal

belongings from his vehicle. Plaintiffhad no way home from the dealership.
33. After further discussion underthese conditions, Plaintiffwas finally offered new

financing. The final
previous deal.

purchase price of the vehicle was $1,515.88 higher than the

 34. Plaintitrwas forced to sign a promissory note for $1,450.00, which represented the

difference in commission that Defendant would have received between the first and
second financing deals.

35. Plaintitrhas made all payments due underthe new financing agreement.
36. Ptaintiffhas refused to pay the promissory note due to the circumstances under which

it

was signed.
37. Despite being current on payments, Defendant has reported the vehicle as stolen to law

enforcement.
38. Defendant is aware ofthe falsity of this report to law enforcement.
39. Defendant has refused to complete the paperwork to allow the vehicle to be properly
registered.
40. Plaintitrhas paid over $1,514.84 in order to attempt to have the vehicle pass Maryland
inspection.
41. Plaintitrhas been stopped nunerous times by Montgomery County Sheriffs officers due
to the false report that his vehicle is stolen.

42.Due to the false reports, Plaintiffhas been unable to drive his vehicle, which deprives
him oftle benefit of his purchase.
Count I
43. Plaintiffincorporates paragraphs

-

Breach of Contraet

I ta 42 herein by reference.

,M. On or about January 2,2010, Plaintiffentered into a contract with Defendant to purchase
a200A BMW 328i.
45. Plaintitrperformed all his duties r:nderthis contact.

 46. Defendant breached the contact by falsely attempting to have the vehicle returned to the
possession of Defendant.

47. Onor about March l3,z}ll,Plaintiffentered into

a second contract

with Defendant

regarding the financing of the 2000 BMW 328i.
48. Plaintitrperformed all his proper duties under this contract.
49. Defendant breached this contact by falsely reporting the vehicle was stolen to law

enforcemen! including the Montgomery County Sheriff.
50. As a result of Defendant's breaches, Plaintiffhas been deprived of the vehicle for which
he contracted.

51. Plaintiffs deprivation ofthe vehicle has resulted in damages to Plaintiff

Count
52. Plaintiffincorporates paragraphs

II - Unjust Enrichment

I to 4Zhereiaby

reference.

53. Ptaintitrpaid $2800.00 as a down paSment on the vehicle at the time of the purchase.
54. Since February

z}l},Plaintiffhas paid $945.68 inmonthlypayments onthe installment

contract for the purchase of the vehicle.
55. Defendant has accepted both the down payment and the mont}ly installment payments.
56. Defendant has falsely attempted to return possession of the vehicle to Defendant and

falsely reported the vehicle as stolen.
57. Defendant has not retumed any of the monies paid by Plaintitr
58. Plaintiffhas been deprived of the use of the vehicle which he purchased from Defendant.
59. As a result of this deprivation, Defendant has been unjusfly enriched in the amount

$3,745.68.

of

 Count

III -

Breach of Warranty of Merchantability

60. Plaintiffincorporates paragraphs

I to 42 herein by reference.

61. On or about January 2,2010, Defendant warranted to Plaintiffthat the vehicle was in fine
mechanical condition.
62. Defendant also warranted to Plaintiffthat the vehicle would pass Maryland inspection for

motor vehicles.
63. Plaintiffrelied on this statement when deciding to purchase the vehicle.

64.In fact, the vehicle was not in fine mechanical condition. The vehicle could not even be
started due to anon-working battery.

65. There were other mechanical issues with the vehicle, rendering it unfit for the purpose for

which it was intended without extensive repairs.
66. The vehicle did not pass Maryland inspection for motor vehicles.
67. Defendant knew or should have known at the time of the sale that the vehicle was unfit

for the purpose for which it was intended.
68. Despite this knowledge, Defendant sold the vehicle to Plaintiff.
69. Plaintiffrelied on this warranty that the vehicle was fit for its intended when deciding to
purchase.

70. Defendant breached the warranty of merchantability when it sold Plaintiffa vehicle that
was unfit for its intended purpose.
71.

Plaintiffwas damaged by this breach by owning

a vehicle that is

pu{pose.

Count

fV-

Defamation

72. Plaintiffincorporates paragraphs 1 to 42 herein by reference.

unfit for its intended

 than one person that
73. Sometime in late March, Defendant told persons unknown, but more
the 2000 BMW 328i purchased by Plaintiffwas stolen'
74. Defendant had knowledge at the time of the making of the statement of its falsity.
75. Defendant's sole pu{pose in making this false statement was to harass, embarrass and
defame

Ptaintitr

76. Defendant's intention in harassing, embarrassing and defaming Plaintiffwas to induce

Plaintiffto either surrender the vehicle which he had properly entered into

a contract

to

purchase or pay the PromissoryNote which was induced by drness.

77. Atleast one goup of people told this false and malicious statement was the office of the
Montgomery County Sheriff.
78. Due to this statemen! Plaintiffwas stopped numerous times by the members of the

Montgomery County Sheriffwho believed the vehicle was stolen.
79. Plaintiffsuffered embarrassment and fear during these vehicles stops at being falsely
accused of stealing a vehicle for which he had legally and properly contracted to
purchase.
80. As a result of these numerous stops, Plaintiffwas forced to cease driving his vehicle

rather than risk being falsely arrested.
81.

Plaintiffwas damaged by the false and malicious statements in that he suffered fear,
embarrassment and the loss of the use of the vehicle.

Prayer
WHEREFORE PREMISES CONSIDERED, PtaintitrBrian Jenkins respectfully requestthis
Court grant the following:

a.

Judgment in favor of Plaintiffand against Defendant Cms International, LLC.;

 b.

Darnages for Breach of Contract in the amount of $4,150.00;

c. Damages
d.

for Unjust Emichment in the amount of $4,150.00;

Damages for Breach of the Warranty of Merchantability in the amount

of

$5,260.52;

e.

Damages for defamation in the amount of $5,000.00;

f.

Punitive damages in an amount of teble actual damages;

g.

Attomeys'fees;

h.

Cost of suit;

i.

An Order directing Defendant Cars Intemational, LLC process the proper
paperwork to allowthe vehicle to be registered in Maryland; and

j.

For such other and further relief to which Plaintiffmay be entitled at law or in
equity.

Respectfully

1001 Spring St. #812

Silver Spring, MD 20910
Telephone: 703-23t-0884

Email

elizabethp@ep-lawyer.com

Counsel

forPlaintiff