========================================================================= Small Claims Action : Powell vs Pincetl : Revision 2.06 : 2008dec05pm1400 ========================================================================= Tarrant County Justices of the Peace Precinct 3 645 Grapevine Highway Hurst TX 76054 817.581.3625 Docket: SC-18200 Case : 2241801 Filed : Monday 2008 September 08 pm1337 Plaintiff: Kevin Anthony Powell 700 Heights Drive #700G Fort Worth TX 76112-1537 817.496.1256 DOB=1960oct30 SSN=369-76-0772 TXDPS=TX27346518 CADMV=B8046413 USPASS=448041468 vs. Defendant: Jennifer Nicole Pincetl Wiley W Manuel Courthouse 661 Washington St Oakland CA 94607 817.344.8223 DOB=1977nov21 SSN=601-70-4158 TXDPS=TX08579996 CADMV=B7816123 CAPFN=BCA016PETITION
Your honor the plaintiff, Kevin Anthony Powell, requests a judgement mandating financial reparations of $2394.00 for the purpose of restoration of position appropriate pursuant to the plaintiffs detrimental reliance on the terms of an oral contract entered into with the defendant, Jennifer Nicole Pincetl, on Friday 2008 May 23 & formally breached on Wednesday 2008 September 03 unilaterally by said defendant.
The principals entered into a mutual agreement to relocate entirely at the plaintiffs expense from Alameda County California to Tarrant County Texas & to become cosignatories to a yearlong joint & severally binding residential lease for a two bedroom unit at Surrey Oaks apartments Bedford TX at the address given above which was signed on Thursday 2008 June 05. The parties agreed to share evenly the cost of the common utility services which Mr Powell consented to put in his name. This roommate situation was arranged because of the esteem in which Mr Powell holds the defendant, & because of the latters desire to return to her home state, live near her parents & daughter, stabilise her clinical situation, pay down her legacy traffic violations, acquire transportation & hold a job, & enroll in the fall term at NorthLake college. The principals each receive a monthly disability entitlement which together comprise an amount 3 times the monthly rent & therefore meet the eligibility requirements for the lease. The household was fiscally solvent throughout June, July & August, however it was necessary for the plaintiff to terminate the lease prematurely on Thursday 2008 September 04 when Ms Pincetl had refused to pay her monthly expenses from her entitlement check & had abruptly vacated the premises & fled the state.
Mr Powells reliance on the terms of the prematurely abrogated oral contract with Ms Pincetl is particularly detrimental. At the time of filing he has already paid Septembers rent & has not been reimbursed for her half. Terminating the lease requires 60 days notice (full Octobers rent as well) plus a nearly $680 reletting fee. He is also liable for the August thru October GreenMountain electricity & the water bill for June thru August. Finally, the plaintiff would not have relocated to Texas without the expectation of the fulfillment of the nearly yearlong oral contract he had entered into with Ms Pincetl. Restoration to his position prior to that agreement will also entail at the minimum reimbursement of some $700 of rental car & gasoline expenses.
1. Expected costs
These are the expenses which would have been incurred through Monday 2008 November 03 under the terms of the oral agreement between the principals & therefore split evenly. The monthly rent for unit #1223 at Surrey Oaks is $709. The 60 day notice requires 3 days of prorated November rent amounting to $71. The monthly electricity service can be estimated conservatively at $160, the water service at $25. The defendants liability is 50% of these pending charges:
Rent September - October $1418.00 Rent November $ 71.00 Electricity August - October $ 480.00 Water June - August $ 75.00 ---------------------------- -------- TOTAL $2044.00 : Ms Pincetls share: $1022.00
2. Unexpected costs
These are the expenses which are only due the plaintiff pursuant to the breach of the oral agreement with Ms Pincetl. The reletting fee for the unit at Surrey Oaks is $679.15. The rental car for the Texas relocation was $452 plus $240 in gasoline which sums the plaintiff respectfully requests be awarded to him in full.
Reletting fee $ 680.00 Transportation $ 692.00 -------------- -------- TOTAL $1372.00
The defendants TOTAL LIABILITY thus amounts to $2394.00 exclusive of court costs, as a result of her unilateral breach of the oral contract formulated with the plaintiff on Friday 2008 May 23.
SERVICE OF NOTICE
Ms Pincetls last known legal address is the palintiffs as specified above. Prior to her vacating the roommate situation she verbally announced her intention to return to California where she normally lives as a transient in the SanFrancisco Bay Area. She nonetheless is still receiving significant mailings at the Bedford address where she continues to have items stored. She also has a child in the care of her parents in nearby Richland Hills. On Tuesday 2008 September 09 she was arrested in Berkeley CA in front of a coffeeshop at 2442 Telegraph Ave & was held for 6 days in the Santa Rita correctional facility in Dublin. It is possible that she will be under some kind of judicial purview in Alameda county or will undergo further incarceration or psychiatric detentions which may expedite service by the sheriffs there. Should her whereabouts ultimately prove to be unknown it may be necessary to perform Summons by Publication.
All of the items presented above are clearly confirmed by the attached documentation submitted to the court.
1. Identification documents: Jennifer Nicole Pincetl 2. 2000jun05 Surrey Oaks lease signed by the plaintiff & the defendant 3. 2008jun26 Chase MasterCard statement showing car rental & gasoline expenses 4. 2008sep Electricity statement: GreenMountain August 5. 2008oct Electricity statement: GreenMountain September 6. 2008nov Electricity statement: GreenMountain October 7. 2008aug20 ISTA NA water statement: June 8. 2008sep17 ISTA NA water statement: July 9. 2008oct-- ISTA NA water statement: August
PRAYER FOR RELIEF
Your honor the plaintiff requests a judgement mandating financial reparations in the amount of $2394.00 exclusive of court costs for the purpose of restoration of position appropriate pursuant to the plaintiffs detrimental reliance on the terms of an oral contract entered into with the defendant which was later breached unilaterally by said defendant.