• IN THE 19TH JUDICIAL CIRCillT COURT, COLE COUNTY, MISSOURI

Judge or Division: Case Number: 20AC-AC00279 COTTON WALKER

Plaintiff/Petitioner: Plaintiff's/Petitioner's Attorney/ Address HOUSING AUTHORITY OF THE CITY OF M. TODD MILLER JEFFERSON, MISSOURI 1305 SOUTHWEST BL VD SUITE A

vs. JEFFERSON CITY, MO 65109

Defendant/Respondent: Address of Property in Question: ASHLEY RENEA GAING 1017 BUENA VISTA APT A

JEFFERSON CITY, MO 65109

Nature of Suit: Date , Time and Location of Court Appearance: AC Unlawful Detainer OS-MA Y-2020, 01:00 PM

DIVISION 4 COURTROOM 301EIDGH JEFFERSON CITY. MO 65101 (Date File Stamp)

Summons and Notice to be Served by Postin and Mallin (Unlawful Detainer Actions) The State of Missouri to: ASHLEY RENEA GAING

Alias:

1017 BUENA VISTA A.PT. A JEFFERSON CITY, MO 65109

COURT SEAL OF

COLE COUNTY

You are summoned to appear before this court on the date, time and location stated above, to answer the complaint of the Plaintiff/Petitioner, a copy of which is attached to this summons.

If you fail to appear and answer at the time and place stated in this summons, judgment by default will be taken against you.

If you have a disability requiring special assistance for your court appearance, please contact the court a t least 48 hours in advance of the scheduled hearing.

04/02/2020 ~ Date Clerk .,.,.

Funher Information:

Sheriff's or Server's Return and Affidavit upon Order for Service by Posting and Mailing

I certify that on---------(date) I posted a copy of this summons and complaint on the premises at the following address:

and at the following public place in the county where the Defendant/Respondent was believed to dwell------------

0 In addition, I sent a true and complete copy of the summons and complaint to the Defendant/Respondent at his or her last known address by ordinary mail.

Printed Name of Officer or Server Signature of Officer or Server

Must be sworn before a notary public if not served by an authorized officer:

(Seal) Subscribed and sworn to before me on--- - - --- - ------(date).

My commission expires: -------Date No Public

Sheriff's Fees, if applicable Summons $ _____ _ Non Est $ _____ _ Sherifrs Deputy Salary Supplemental Surcharge $ _ ___,1"""0.,...00......_ __ Mileage $ (_miles @ $. __ per mile) Toml $ _____ _ A copy of the summons and a copy of the petition must be served on each Defendant/Respondent. For methods of service on all classes of suits, see Su reme Court Rule 54.

OSCA (7-08) SM99 For Court Use Ortly: Document ID# 20-SM99-9 l of I Rule 54.02; 534.070, 534.080, 534.090 RSMo

20AC-AC00279

IN THE 19th JUDICIAL cmCUIT COURT OF COLE COUNTY, MISSOURI ASSOCIATE DIVISION

HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI

Plaintiff, vs.

) ) ) ) )

ASHLEY RENEA GAING, an individual, ) 1017 Buena Vista, Apt. A ) Jefferson City, Missouri 65109 )

Defendant. ) )

Case No. ---- ---

VERIFIED PETITION FOR UNLAWFUL DETAINER OR IN THE ALTERNATIVE BREACH OF CONTRACT

COMES NOW Plaintiff, Housing Authority of the City of Jefferson, Missouri, (hereinafter,

"Plaintiff'), by and through its authorized representative and with assistance oflegal counsel, M. Todd

Miller for the Law Office of Todd Miller, LLC, and for its causes of action against Defendant, Ashley

Renea Gaing, (hereinafter, "Defendant"), states and avers to the Court as follows, that:

Facts Applicable to All Counts

I. Plaintiff is aud was at ail times herein material, a mmdcipal corporation pursuant to Section

99.080 RSMo in good standing duly organized and existing under the laws of the State of Missouri,

with its principal offices located at 1040 Myrtle, P.O. Box 1029, Jefferson City, Cole County, State of

Missouri 65102.

2. Plaintiff is the owner or agent with authority to bring this cause of action with regard to real

property and improvements located at 1017 Buena Vista, Apt. A, Jefferson City, County of Cole, State

of Missouri 65109, (hereinafter, "Premises").

3. Defendant, Ashley Renea Gaing is a single Missouri resident and lessee possessing and

controlling the Premises.

1

4. The Premises is located in Cole County, Missouri and Defendant resides in Cole County,

Missouri. Jurisdiction and venue are proper in this Circuit Court.

COUNT I - RENT AND POSSESSION

Plaintiff, for Count I of its Petition against Defendant, states and avers to the Court as follows,

that:

5. Plaintiff incorporates by reference as if more fully set fo~ each and every allegation and

avennent contained herein in the preceding paragraphs.

6. On or about January 22, 2019, Plaintiff and Defendant executed a written residential lease

agreement, (hereinafter, "Agreement"), detailing the respective obligations of the parties hereto

regarding the Premises; more specifically, Plaintiff agreed to lease the Premises to Defendant for the

term of twelve (12) months in exchange for Defendant's promise to pay Eight Hundred Sixty-Four and

Noll 00 Dollars ($864.00) payable in equal. monthly installments of Seventy-Two and No/100 Dollars

($72.00).

7. The Agreement contains a "Late Charges" provision causing Defendant to pay Five and

No/100 Dollars ($5.00) on the Sixth day of the month and One and No/100 Dollars ($1.00) per day if

Defendant fails to "pay the rent in full before the end of the Seventh day after it's due.

8. The Agreement further obligates Defendant to place a One Hundred Eighty-Five and No/100

Dollars ($185.00) security deposit with Plaintiff.

9. Plaintiff and Defendant signed the Agreement detailing the respective obligation of each

party.

10. Per the terms of the Agreement, Section 17, Part B, "Non-Compliance: if resident(s) fails to

provide the information on the date and time prescribed ... management shall serve a thirty (30) day

2

notice to vacate because resident has failed to provide information or reschedule and keep a re­

examination appointment date ... ,,

11. Defendant breached the Agreement for failure to recertify application by December 31, 2019.

12. On or about December 5, 2019, pursuant to and in accordance with the terms of the Agreement

and Section 534.00 RSMo, Plaintiff provided Defendant written demand for possession and notice of

default/to cure. A true and correct copy of the notice to default/to cure is attached to this Petition and

marked as Plaintiff's Exhibit "1,'' and made a part hereof as though fully set out herein.

13. On or about January 7, 2020, Plaintiff had legal right to the possession of the Premises and

that Defendant, on that date, wrongfully and without force, by disseisin, obtained, and continued in, the

possession of the Premises, after demand made, in writing, for the delivery of the possession thereof.

14. Defendant failed or refused to cure the breach with the cure period set forth in the Agreement

or pursuant to Section 534.050 RSMo.

15. As a result of Defendant's refusal to vacate the Premises, Plaintiff has been deprived of the

use and benefit of the Premises and such an unjust circumstance occasioned by Defendant's willful and

wiongfal conduct has caused an undue bruden and hardship on Plaintiff such that Plaintiff should be

allowed reclamation of the Premises.

WHEREFORE, Plaintiff prays for judgment and order against Defendant for:

A. For immediate possession of the Premises of 1017 Buena Vista, Apt. A, Jefferson City, Cole

County, Missouri 65109.

B. For Plaintiff's costs incurred in this matter; and

C. For any other costs and amounts found by this Court to be proper and just in theses premises.

3

COUNT II- BREACH OF CONTRACT

COMES NOW Plaintiff, for Count II of its Petition against Defendant and states and avers to

the Cowt as follows, that:

16. Plaintiff incorporates herein by reference as if more fully set forth each and every allegation

and averment contained herein in the preceding paragraphs.

16. On or about January 22, 2019, Plaintiff and Defendant executed the Agreement detailing the

respective obligation of the parties hereto regarding the Premises; more specifically, Plaintiff agreed to

lease the Premises to Defendant for the term of twelve (12) months in exchange for Eight Hundred

Sixty-Four and Noll 00 Dollars ($864.00) payable in equal. monthly installments of Seventy-Two and

No/100 Dollars ($72.00) for every month Defendant remains on the Premises.

17. Plaintiff and Defendant signed the Agreement detailing the obligations of each party.

18. Defendant breached the Agreement for failure to recertify application by December 31,

2019.

19. Per the terms of the Agreement, Section 17, Part B, "Non-Compliance: ifresident(s) fails

to provide the information on the date and time p1escribed ... management shall serve a thirty (30) day

notice to vacate because resident has failed to provide information or reschedule and keep a re­

examination appointment date . .. "

20. As a direct and proximate result of Defendant's refusal to vacate the Premises, Plaintiff has

been damaged and deprived of the use and benefit of the Premises and such an unjust circumstance

occasioned by Defendant's willful and wrongful conduct has caused an undue burden and hardship on

Plaintiff such that Plaintiff should be allowed reclamation of the Premises.

WHEREFORE, Plaintiff prays for judgment and order against Defendant, for the following:

4

A. For immediate possession of the Premises of 1017 Buena Vista, Apt. A, Jefferson City, Cole

County, Missouri 65109.

B. For Plaintiff's costs incurred in this matter; and

C. For any other costs and amounts found by this Court to be proper and just in theses premises.

Respectfully submitted,

LAW OFFICE OF TODD MILLER, LLC

-wt.r~

By: M. Todd Miller, # 48568 1305 Southwest Blvd., Suite A Jefferson City, Missouri 65109 Telephone: (573) 634-2838 Facsimile: (573) 634-7642 Email: tmiller@toddmillerlaw.com ATTORNEY FOR PLAINTIFF

Notice to Defendants The foregoing Petition is a communication from an attorney acting as a debt collector in attempting to collect a

debt. Any information obtained will be used for that purpose. The amount of the alleged debt is set forth above in the Petition. The creditor is the Plaintiff named above in the Petition. Unless you dispute the validity of the debt, or any portion thereof, within 30 days after receipt of this notice, the above-named attorney will assume the debt to be valid. If you notify the above-named attorney in writing within 30 days after you receive this notice that you dispute the debt or any portion thereof, the above-named attorney will obtain verification of the debt and will e-mail to you a copy of the verification. Upon your written request within 30 days after you receive this notice, the above-named attorney will provide you with the name and address of the original creditor, if different from the current creditor.

Procedural Notice: In this lawsuit, you arc not required to have an attorney and may represent yourself. If you choose to represent yourself, the court will require that you comply with the same procedural rules applicable to attorneys. Those rules are contained in (1) Chapter 517, Revised Statutes of Missouri, available online at http://www.moga.mo.gov/statutes/c5 l 7 .htm, and (2) Missouri Rules of Civil Procedure, Rules 41-102, available online at http://www.courts.mo.gov. Affirmative defenses and counterclaims must be in writing and filed with the court at or before the first court appearance, and a copy must be provided to the above-named attorney in person or by (}ll)ail or fax.

5

20AC-AC00279

IN THE 19111 JUDICIAL CIRCUIT COURT OF COLE COUNTY, MISSOURI ASSOCIATE DIVISION

HOUSING AUIBORITY OF THE CITY OF JEFFERSON, MISSOURI

Plaintiff, vs.

) ) ) ) )

ASHLEY RENEA GAING, an individual, ) 1017 Buena Vista, Apt. A ) Jefferson City, Missouri 65109 )

Defendant. ) )

Case No. --------

AFFIDAVIT - VERIFICATION

STATE OF MISSOURI

COUNTYOF~D ) ) SS.

)

Chera McCoy, being duly sworn according to law upon her oath, deposes and says:

1. I am the Housing Supervisor of Family Public Housing, the Premises addressed in this matter, and ·1 am the authorized representative for Plaintiff for the purposes of signing the pleadings herein and for making this verification.

2. I have read the said pleadings, and the foregoing allegations thereto are true according to the best of my knowledge, information, and belief including the charges for private process server, court costs, principal damages, attorney fees, and 1 fees.

Subscribed and sworn to before me t.m.tt:'Aay of February 2020.

~100.1~0 Notary Public

TAMALA M [•YAO Notary Puolic, Notary Seal

State of Missouri Callaway County

,ec.·rr1rnlssion ft 15636746 My C:omrr.1llsloo Expires 06-09-2023