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IN THE 16TH JUDICIAL CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
LANDLORD TENANT DOCKET AT INDEPENDENCE
MO KING’S MANOR, LLC dba The Kings Apartments )
Plaintiff, ) 7
vs. ) CASENO. / F / le CV | 4AI2Z.
) By Circuit Clerk
D L Co ) DIVISION 32 Division 32
> . BERT J ard ) ont
EANPRE LBERT | ) JUN 18 2019
ALL OCCUPANTS )
Defendant(s). ) CIRC} MO.
By, cA
JUDGMENT
ON LANDLORD/TENANT PETITION-RENT AND POSSESSION PURSUANT TO CHAPTER 535 R.S.MO.
On / & - JU Vv 20 7 g Plaintiff appears, together with plaintiffs attorney of record; and
( wy defendant(s) has (have) been duly served;
Of defendant(s) appear(s) in person;
( the defendant(s) although having been lawfully served with process, appear(s) not, and make default;
() and the defendant(s) consent(s) to judgment;
() the premises have been duly posted, and the defendant(s) has (have) been duly ‘served by mailing and by posting;
Evidence was heard. The case was submitted to the Court upon the pleadings of record and proofs. The Court also heard
arguments of the parties. After consideration of the evidence and being fully advised in the premises, the Court finds the issues in
favor of Plaintiff(s) and against the Defendant(s) and 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 obseryed and honored; The property at issue is owned by the Plaintiff
and leased to the Defendant(s); The monthly rent is $. L Z oO ; The rent due date under the Lease/Rental Agreement
is the first day of each calendar month; and the Court makes additional findings of fact and conclusion of law that are consistent
with the Judgment entered by the Court.
JUDGMENT .
IT IS THEREFORE ORDERED that the Plaintiff shall have restitution of the premises unlawfully possessed and located
/ / AI OQ ChlLokypo A ve #3? . , Kansas City, Jackson County, Missouri 64137;
IT IS FURTHER ORDERED that Defendant(s) shall pay the following damages, together with post-judgment interest at the
statutory rate, to Plaintiff:
UTILITIES & SERVICES
OTHER LEASE CHARGES
ATTORNEY’S FEES
SPECIAL PROCESS SERVER FEES
fononasovmsonamar Beg
IT IS FURTHER ORDERED that costs are assessed against Defendant(s).
(Rev.2018-08-28) Page 1 of 2Page 2 of 2
NOTICE FROM COURT ADMINISTRATOR TO DEFENDANT(S) IN DEFAULT
IT IS FURTHER ORDERED that the Court Administrator of the 16th 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 notice informing the
Defendant of the Judgment, the date it was entered, and that the Defendant has ten days from the date of the Judgment to file a
Motion To Set Aside The Judgment. Unless the Judgment is set aside 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 should the defendant apply for a Trial de Novo or appeal this Judgment to the Missouri Court of
Appeals, the appeal bond is set in the 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, provided however, if the Judgment was for restitution of the premises only, then the appeal bond is set in the amount of ONE
THOUSAND TWO HUNDRED DOLLARS ($1,200.00) and court costs if assessed; and (2) 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 monthly rent rate stated in the above findings of the court, within ten (10) days after the rent
dué date stated in the above findings of court; 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 from all that 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, 16th 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 either: (i) Defendant appeared, or (ii) Defendant was in Default and more
than ten days have expired since the date the Judgment was entered and no motion to set aside the Judgment has been
filed; and .
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.
JT 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 16th 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 (5) 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.
ated: _¢ Ad ,
Dated: Sune 18,2 14 Kundu, B8—
CERTIFICATE OF SERVICE
Icertify that a true and correct copy of the foregoing was hand delivered in open court to the p: he 7 § a mre was not present
in Court, a copy was mailed via U.S. First Class mail, postage prepaid, to that party, on 7 , tor
All attorneys at the address provided in the attorneys pleadings, notice of address, or entry of appearance; and to
All unrepresented parties at the address in the caption of Plaintiff's petition or at the following address provided to the court:
Cp. 0ln_ 2
Judicial Administrative Assjfant
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IN THE 16TH JUDICIAL CIRCUIT COURT OF JACKSON COUNTY, MISSOURI LANDLORD TENANT DOCKET AT INDEPENDENCE MO KING’S MANOR, LLC dba The Kings Apartments ) Plaintiff, ) 7 vs. ) CASENO. / F / le CV | 4AI2Z. ) By Circuit Clerk D L Co ) DIVISION 32 Division 32 > . BERT J ard ) ont EANPRE LBERT | ) JUN 18 2019 ALL OCCUPANTS ) Defendant(s). ) CIRC} MO. By, cA JUDGMENT ON LANDLORD/TENANT PETITION-RENT AND POSSESSION PURSUANT TO CHAPTER 535 R.S.MO. On / & - JU Vv 20 7 g Plaintiff appears, together with plaintiffs attorney of record; and ( wy defendant(s) has (have) been duly served; Of defendant(s) appear(s) in person; ( the defendant(s) although having been lawfully served with process, appear(s) not, and make default; () and the defendant(s) consent(s) to judgment; () the premises have been duly posted, and the defendant(s) has (have) been duly ‘served by mailing and by posting; Evidence was heard. The case was submitted to the Court upon the pleadings of record and proofs. The Court also heard arguments of the parties. After consideration of the evidence and being fully advised in the premises, the Court finds the issues in favor of Plaintiff(s) and against the Defendant(s) and 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 obseryed and honored; The property at issue is owned by the Plaintiff and leased to the Defendant(s); The monthly rent is $. L Z oO ; The rent due date under the Lease/Rental Agreement is the first day of each calendar month; and the Court makes additional findings of fact and conclusion of law that are consistent with the Judgment entered by the Court. JUDGMENT . IT IS THEREFORE ORDERED that the Plaintiff shall have restitution of the premises unlawfully possessed and located / / AI OQ ChlLokypo A ve #3? . , Kansas City, Jackson County, Missouri 64137; IT IS FURTHER ORDERED that Defendant(s) shall pay the following damages, together with post-judgment interest at the statutory rate, to Plaintiff: UTILITIES & SERVICES OTHER LEASE CHARGES ATTORNEY’S FEES SPECIAL PROCESS SERVER FEES fononasovmsonamar Beg IT IS FURTHER ORDERED that costs are assessed against Defendant(s). (Rev.2018-08-28) Page 1 of 2Page 2 of 2 NOTICE FROM COURT ADMINISTRATOR TO DEFENDANT(S) IN DEFAULT IT IS FURTHER ORDERED that the Court Administrator of the 16th 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 notice informing the Defendant of the Judgment, the date it was entered, and that the Defendant has ten days from the date of the Judgment to file a Motion To Set Aside The Judgment. Unless the Judgment is set aside 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 should the defendant apply for a Trial de Novo or appeal this Judgment to the Missouri Court of Appeals, the appeal bond is set in the 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, provided however, if the Judgment was for restitution of the premises only, then the appeal bond is set in the amount of ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) and court costs if assessed; and (2) 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 monthly rent rate stated in the above findings of the court, within ten (10) days after the rent dué date stated in the above findings of court; 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 from all that 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, 16th 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 either: (i) Defendant appeared, or (ii) Defendant was in Default and more than ten days have expired since the date the Judgment was entered and no motion to set aside the Judgment has been filed; and . 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. JT 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 16th 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 (5) 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. ated: _¢ Ad , Dated: Sune 18,2 14 Kundu, B8— CERTIFICATE OF SERVICE Icertify that a true and correct copy of the foregoing was hand delivered in open court to the p: he 7 § a mre was not present in Court, a copy was mailed via U.S. First Class mail, postage prepaid, to that party, on 7 , tor All attorneys at the address provided in the attorneys pleadings, notice of address, or entry of appearance; and to All unrepresented parties at the address in the caption of Plaintiff's petition or at the following address provided to the court: Cp. 0ln_ 2 Judicial Administrative Assjfant