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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
ASSOCIATE CIRCUIT DIVISION
AT KANSAS CITY
ORION PROPERTY GROUP, LLC, AS MANAGING
AGENT FOR SB1 SUNSHINE, LLC DBA COLONIAL
POINT APARTMENTS,
Case No.: 1316-CV 10606
Plaintiff, Division: 25
JACKIE WEST-FLEMING,
)
)
)
)
)
)
Vv. 7 why
)
JOHN DOE/MARY ROE, ;
)
)
Defendants.
JUDGMENT ON RENT AND POSSESSION PETITION
POSSESSION PURSUANT TO CHAPTER 535 R.S.MO
On the 27 day of June, 2013, Plaintiff appeared in person and by counsel,
{ ] Defendant(s) , appeared in person and by
counsel.
[ a Defendant(s) et 4 . although having been lawfully
served with process, appear not, and make default.
Evidence was heard. The case was submitted to the Court upon the pleadings of record.
The Court also heard arguments of the parties. The Court makes the following findings and
judgment:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Court has jurisdiction over the parties and the subject matter of this action.
The Court has made judgments on the credibility of various witnesses that are consistent
with the findings of fact made in this Judgment.
The provisions of the Servicemembers’ Civil Relief Act, 50 U.S.C. App. Sec. 501, et seq.
have been observed and honored.
The Court makes additional findings of fact and conclusion of law that are consistent with
the Judgment entered by the Court.
(WEST-FLEMING, 5990.003) 1316-CV10606
Kins
JadenJUDGMENT ORDERS
IT IS THEREFORE ORDERED that the Plaintiff shall have restitution of the premises
unlawfully detained and located at 8251 Forest Ave. Apt #10, Kansas City, MO 64131, Jackson
County.
IT IS FURTHER ORDERED that costs are assessed against Defendant(s).
DESCRIPTION AMOUNT
RENT $1539.00
UTILITIES $356.37
LATE FEES $350.00
ATTORNEYS FEES AND COSTS $475.02
TOTAL DAMAGES OWED TO PLAINTIFF $2,720.39
NOTICE FROM COURT ADMINISTRATOR TO DEFENDANT(S) IN DEFAULT
IT IS FURTHER ORDERED that the Court Administrator of the 16 Judicial Circuit
shall mail a copy of this Judgment to each Defendant in default at the last known address of each
Defendant, by ordinary mail, which shall serve as the notice required by Section 535.030.4
R.S.Mo., informing the Defendant of the judgment and the date it was entered. The Defendant
has ten days from the date of the judgment to file a Motion To Set Aside The Judgment or to file
an Application For A Trial De Novo in the circuit court, as the case may be. Unless the judgment
is set aside or an Application For Trial De Novo is filed within ten days, the judgment will
become final and the Defendant will be subject to eviction from the premises without further
notice.
APPEAL BOND
IT IS FURTHER ORDERED that the appeal bond, whether for Application For A Trial
De Novo or direct appeal to the Missouri Court Of Appeals, as the case may be, is set in amount
of the Judgment, plus court costs. The appeal bond authorized by this Judgment is conditioned
upon Defendant performing the following:
1. Defendant paying into Court the amount of the judgment plus court
costs; and
2. Execution of the required supersedeas bond documents; and
(WEST-FLEMING, 5990.003) 1316-CV 10606.3. Payment of the monthly rent that accrues after the date of the
Judgment to the Jackson County Court Administrator, within ten
(10) days after the 1» day of the month; and
4. Defendant(s) shall refrain from any and all illegal activities or
conduct in violation of the parties’ lease while residing on the
plaintiff s premises; and
5. Defendant(s) shall refrain for all activities that damage the
premises or cause waste of the premises.
EXECUTION AND RESTITUTION OF PREMISES
IT 18 FURTHER ORDERED that the Department Of Civil Process, Court
Administrator's Office, 16% Judicial Circuit, shall put the Judgment Creditor into immediate
possession of the premises that are the subject matter of this action and deliver possession to the
Judgment Creditor, upon satisfaction of the following conditions:
1, This judgment has become a final judgment: or
2. If an appeal or Application For A Trial De Novo is filed, the required
appeal bond has not been filed or the conditions of the bond have been
violated; and
3. A Request For Execution For Restitution Of Possession has been filed that
complies with the requirements set forth in this Judgment.
IT IS FURTHER ORDERED that the Request For Execution For Restitution Of
Possession shall be in the format made available to the parties and to the public by the Court
Administrator on the web site for the 16 Judicial Circuit, Jackson County, Missouri, and said
request for execution shall contain the following representations by Plaintiff, made upon
information and belief, as a condition precedent to issuance of a Writ Of Execution For
Restitution Of Possession directing the Department Of Civil Process to deliver possession of the
premises to Plaintiff:
1. The date of the Judgment; and
2. The type of Landlord/Tenant action at issue; and
3. Street Address, City and Zip Code of the property to be delivered to
Plaintiff; and
4. That the judgment remains unsatisfied; and
(WEST-FLEMING, 5990.003) 1316-CV106065. That the Defendant(s) remains in possession; and
6. That there has been no appeal bond filed; and
7, That no new agreement, either oral or written, has been made with the
Defendant(s) that allows the Defendant(s) to be in possession of the
premises; and
8. That a request for execution delivering possession of the premises to
Plaintiff is requested.
IN DEFAULT IN THE PERFORMANCE OF ANY ORDER CONTAINED IN
THIS JUDGMENT, LET EXECUTION ISSUE THEREFOR.
Dated: June 27, 2013 <— € LX
Judge
(WEST-FLEMING, 5990.003) 1316-CV10606CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was hand delivered in open court to
the parties, and, if a party was not present in Court, a copy was mailed via U.S. First Class mail,
postage prepaid, to that party, an June 27, 2013, to:
JACKIE WEST-FLEMING
8251 Forest Ave. Apt #10
Kansas City, MO 64131
JOHN DOE
8251 Forest Ave. Apt #10
Kansas City, MO 64131
MARY ROE
8251 Forest Ave. Apt #10
Kansas City, MO 64131
Judicial Administrative Assistant
(WEST-FLEMING, 5990.003) 1316-CV10606
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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI ASSOCIATE CIRCUIT DIVISION AT KANSAS CITY ORION PROPERTY GROUP, LLC, AS MANAGING AGENT FOR SB1 SUNSHINE, LLC DBA COLONIAL POINT APARTMENTS, Case No.: 1316-CV 10606 Plaintiff, Division: 25 JACKIE WEST-FLEMING, ) ) ) ) ) ) Vv. 7 why ) JOHN DOE/MARY ROE, ; ) ) Defendants. JUDGMENT ON RENT AND POSSESSION PETITION POSSESSION PURSUANT TO CHAPTER 535 R.S.MO On the 27 day of June, 2013, Plaintiff appeared in person and by counsel, { ] Defendant(s) , appeared in person and by counsel. [ a Defendant(s) et 4 . although having been lawfully served with process, appear not, and make default. Evidence was heard. The case was submitted to the Court upon the pleadings of record. The Court also heard arguments of the parties. The Court makes the following findings and judgment: FINDINGS OF FACT AND CONCLUSIONS OF LAW The Court has jurisdiction over the parties and the subject matter of this action. The Court has made judgments on the credibility of various witnesses that are consistent with the findings of fact made in this Judgment. The provisions of the Servicemembers’ Civil Relief Act, 50 U.S.C. App. Sec. 501, et seq. have been observed and honored. The Court makes additional findings of fact and conclusion of law that are consistent with the Judgment entered by the Court. (WEST-FLEMING, 5990.003) 1316-CV10606 Kins JadenJUDGMENT ORDERS IT IS THEREFORE ORDERED that the Plaintiff shall have restitution of the premises unlawfully detained and located at 8251 Forest Ave. Apt #10, Kansas City, MO 64131, Jackson County. IT IS FURTHER ORDERED that costs are assessed against Defendant(s). DESCRIPTION AMOUNT RENT $1539.00 UTILITIES $356.37 LATE FEES $350.00 ATTORNEYS FEES AND COSTS $475.02 TOTAL DAMAGES OWED TO PLAINTIFF $2,720.39 NOTICE FROM COURT ADMINISTRATOR TO DEFENDANT(S) IN DEFAULT IT IS FURTHER ORDERED that the Court Administrator of the 16 Judicial Circuit shall mail a copy of this Judgment to each Defendant in default at the last known address of each Defendant, by ordinary mail, which shall serve as the notice required by Section 535.030.4 R.S.Mo., informing the Defendant of the judgment and the date it was entered. The Defendant has ten days from the date of the judgment to file a Motion To Set Aside The Judgment or to file an Application For A Trial De Novo in the circuit court, as the case may be. Unless the judgment is set aside or an Application For Trial De Novo is filed within ten days, the judgment will become final and the Defendant will be subject to eviction from the premises without further notice. APPEAL BOND IT IS FURTHER ORDERED that the appeal bond, whether for Application For A Trial De Novo or direct appeal to the Missouri Court Of Appeals, as the case may be, is set in amount of the Judgment, plus court costs. The appeal bond authorized by this Judgment is conditioned upon Defendant performing the following: 1. Defendant paying into Court the amount of the judgment plus court costs; and 2. Execution of the required supersedeas bond documents; and (WEST-FLEMING, 5990.003) 1316-CV 10606.3. Payment of the monthly rent that accrues after the date of the Judgment to the Jackson County Court Administrator, within ten (10) days after the 1» day of the month; and 4. Defendant(s) shall refrain from any and all illegal activities or conduct in violation of the parties’ lease while residing on the plaintiff s premises; and 5. Defendant(s) shall refrain for all activities that damage the premises or cause waste of the premises. EXECUTION AND RESTITUTION OF PREMISES IT 18 FURTHER ORDERED that the Department Of Civil Process, Court Administrator's Office, 16% Judicial Circuit, shall put the Judgment Creditor into immediate possession of the premises that are the subject matter of this action and deliver possession to the Judgment Creditor, upon satisfaction of the following conditions: 1, This judgment has become a final judgment: or 2. If an appeal or Application For A Trial De Novo is filed, the required appeal bond has not been filed or the conditions of the bond have been violated; and 3. A Request For Execution For Restitution Of Possession has been filed that complies with the requirements set forth in this Judgment. IT IS FURTHER ORDERED that the Request For Execution For Restitution Of Possession shall be in the format made available to the parties and to the public by the Court Administrator on the web site for the 16 Judicial Circuit, Jackson County, Missouri, and said request for execution shall contain the following representations by Plaintiff, made upon information and belief, as a condition precedent to issuance of a Writ Of Execution For Restitution Of Possession directing the Department Of Civil Process to deliver possession of the premises to Plaintiff: 1. The date of the Judgment; and 2. The type of Landlord/Tenant action at issue; and 3. Street Address, City and Zip Code of the property to be delivered to Plaintiff; and 4. That the judgment remains unsatisfied; and (WEST-FLEMING, 5990.003) 1316-CV106065. That the Defendant(s) remains in possession; and 6. That there has been no appeal bond filed; and 7, That no new agreement, either oral or written, has been made with the Defendant(s) that allows the Defendant(s) to be in possession of the premises; and 8. That a request for execution delivering possession of the premises to Plaintiff is requested. IN DEFAULT IN THE PERFORMANCE OF ANY ORDER CONTAINED IN THIS JUDGMENT, LET EXECUTION ISSUE THEREFOR. Dated: June 27, 2013 <— € LX Judge (WEST-FLEMING, 5990.003) 1316-CV10606CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was hand delivered in open court to the parties, and, if a party was not present in Court, a copy was mailed via U.S. First Class mail, postage prepaid, to that party, an June 27, 2013, to: JACKIE WEST-FLEMING 8251 Forest Ave. Apt #10 Kansas City, MO 64131 JOHN DOE 8251 Forest Ave. Apt #10 Kansas City, MO 64131 MARY ROE 8251 Forest Ave. Apt #10 Kansas City, MO 64131 Judicial Administrative Assistant (WEST-FLEMING, 5990.003) 1316-CV10606