Judgment: COLD STORAGE HOUSING P V VINCENT M MANDACINA ET AL (E-CASE)

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                By Junieey a, FLED
y Judicial Administrative Assistant
Division 28

IN THE CIRCUIT COURT OF JACKSON COUNTY| MIssouRHUG 22 2019
ASSOCIATE CIRCUIT DIVISION AT KANSA§ CITY
LANDLORD TENANT DOCKET Circuit Court of Jackson Co,, MO

Cold Storage Housing Partners LP By =
Plaintiff Case No.:1916-CV14580
Vs.
Division: 26
Vincent M Mandacina
Allen J Dehart
John Doe
Jane Doe
Defendants

JUDGMENT ON LANDLORD/TENANT PETITION
SERVICE BY POSTING PURSUANT TO CHAPTER 535 R.S.MO.

On August 22, 2019, Plaintiff appears by counsel Timothy J Thompson. Defendants:

Vincent M Mandacina ( ) appears pro se and Confesses Judgment ( ¥appear not
Allen J Dehart ( ) appears pro se Confesses Judgment £¥ appear not

John Doe ( ) appears pro se and Confesses Judgment Perea not

Jane Doe (_) appears pro se and Confesses Judgment (J appear not

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 Service-members’ Civil Relief Act, 50 U.S.C. App. Sec. 501, et
seq. have been observed and honored.

The property at issue is owned by the Plaintiff and leased to the Defendants:. The rent
due date under the Lease/Rental Agreement is day 1 of the month.

The Court makes additional findings of fact and conclusion of law that are consistent
with the Judgment entered by the Court.

Page 1 of 5

1916-CV14580
Rev 10192017JUDGMENT

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

Plaintiff shall have restitution of the premises unlawfully possessed and located at:

500 E 3rd St #618

Kansas City Jackson County, Missouri 64106

Page 2 of 5
1916-CV14580
Rev 10192017APPEAL BOND

IT IS FURTHER ORDERED that should the Defendant appeal this Judgment to the
Missouri Court of Appeals, the appeal bond is set in the amount of ONE THOUSAND TWO
HUNDRED AND NO/DOLLARS ($1,200.00), and court costs, if assessed.

The appeal bond authorized by this Judgment is conditioned upon Defendant performing

the following:
1. Defendant paying the amount of ONE THOUSAND TWO HUNDRED
AND NO/100s DOLLARS ($1,200.00) as bond; and
1. Defendant paying into Court the amount of the court costs; and
. Execution of the required supersedeas bond documents; and
3. Payment of the monthly rent that accrues after the date of the Judgment to

the Jackson County Court Administrator, at the rate of $ 1207.00_, within
ten (10) days after the due date provided for in the Lease/Rental
Agreement; and

4. Defendant(s) shall refrain from any and all illegal activities or conduct in
violation of the parties’ lease while residing on the plaintiffs premises;
and

6. Defendant(s) shall refrain from all activities that damage the premises or

cause waste of the premises.
EXECUTION AND RESTITUTION OF PREMISES

IT IS 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. Judgment for Plaintiff has been entered and Defendant appeared, OR a
Default Judgment for Plaintiff has been entered and ten days since the date
the Judgment was entered have passed and no motion to set aside the
Judgment has been granted; and

2. If an appeal 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.

Page 3 of 5
1916-CV14580
Rev 10192017IT 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 Unit of Service and Judgment Enforcement to deliver
possession of the premises to Plaintiff:

The date of the Judgment; and

The type of Landlord/Tenant action at issue; and

Street Address, City, State and Zip Code of the property to be delivered to
Plaintiff; and

That the judgment remains unsatisfied; and

That the Defendant(s) remains in possession; and

That there has been no appeal bond filed; and

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.

ener

IN DEFAULT IN THE PERFORMANCE OF ANY ORDER CONTAINED IN
THIS JUDGMENT, LET EXECUTION ISSUE THEREFOR.

Dated: August 22, 2019

Judge Cory Lee Atkins

Page 4 of 5
1916-CV14580
Rev 10192017CERTIFICATE 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, on August 22, 2019 to:

(List all attorneys with addresses)

(List all unrepresented parties with addresses)

Vincent M Mandacina John Doe

500 E 3rd St #618 500 E 3rd St #618
Kansas City MO 64106 Kansas City MO 64106
Allen J Dehart Jane Doe

500 E 3rd St #618 500 E 3rd St #618
Kansas City MO 64106 Kansas City MO 64106

C Lucker

Judicial Administrative Assistant

Page 5 of 5
1916-CV14580
Rev 10192017