15BA-CV02658

IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI

 

ASSOCIATE DIVISION

RENTAL PROPERTIES, LLC, 
Plaintiff, 


vs. Case No.

KIMBERLY COLLIER dfb/a STOP, DROP 
SWAP, 
Serve ati 
240 Peach Way, Suite G, 
Columbia, MO 65203, 
Defendant. 

PETITION IN TWO COUNTS

 

COUNT I: RENT AND POSSESSION

COME NOW the Plaintiff and for Count I of Plaintiffs Petition in Two Counts state
as follows:

1. Plaintiff is a Missouri limited liability company in good standing who at all
times herein alleged was the landlord of the property located at 240 Peach Way, Suite G,
Suite G, Columbia, Missouri.

2. Defendant is a resident of Boone County, Missouri and resides or may be
found at 240 Peach Way, Suite G, Columbia, Missouri.

3. Plaintiff and Defendant entered into a Lease for the aforesaid premises. The
lease term commenced on June 1, 2015 and was to terminate on May 31, 2016. A copy of
the Lease is attached hereto as Exhibit and all of the terms of said Lease are
incorporated by reference as if fully set out herein.

4. The Lease provided:

a) That the Defendant shall pay Plaintiff rent of Five Hundred

Dollars ($500.00) per month, payable on the first day of each month during

the term of the Lease;

b) That if rent is not paid when due, Defendant shall pay Plaintiff

One Hundred Seventy'five Dollars and

c) That the Defendant shall pay Plaintiffs reasonable attorney's
fees if Plaintiff enforces any provision of the Lease through court action.
5. Defendant entered into possession of the premises under the Lease and
remains in possession of the premises to this date.
6. Defendant has materially breached one or more terms of the aforesaid Lease

in that Defendant has failed to pay the following:

August 2015 rent $500.00
August 2015 late charge 5 20.00
Total $520.00
7. Plaintiff has made demand upon Defendant for payment of the above-

referenced amounts but Defendant has failed or neglected to pay the same or any part
thereof. All of the above-referenced charges and any future charges assessed are, and were
or will be at the time assessed, reasonable and proper.

8. Defendant remains in possession of the above-referenced premises and rent
and late charges will continue to accrue through the date of judgment.

9. Plaintiff has incurred attorney's fees and court costs as a result of Defendant's
material breach of the Lease.

WHEREFORE, Plaintiff prays that judgment be entered as to Count I in favor of
Plaintiff and against Defendant for possession of the above-referenced premises, for
delinquent rent and late charges in the amount of Five Hundred Twenty Dollars ($520.00)
plus all rent and late charges accruing through the date of judgment, for Plaintiff 
reasonable attorney's fees, for special process server fees, for court costs, and for such other
and further relief as the Court deems necessary and just.

COUNT PROPERTY DAMAGE

COME NOW the Plaintiff and for Count II of Plaintiffs Petition in Two Counts state
as follows:

1. Plaintiff incorporates by reference all paragraphs set forth in Count I.

2. If Defendant fails to surrender possession of said premises, appliances and
furnishings in as good condition as when received, normal wear and tear excepted,

Defendant will be liable to Plaintiff for all damages incurred by Plaintiff.

-2-

WHEREFORE, Plaintiff prays that judgment be entered as to Count II in favor of
Plaintiff and against Defendant for all damages incurred by Plaintiff if Defendant fails to
surrender possession of said premises, appliances and furnishings in as good condition as
when received, normal wear and tear excepted, for Plaintiffs reasonable attorney's fees, for
special process server fees, for court costs, and for such other and further relief as the

Court deems necessary and just;

ls/ Rodney J. Stevens

RODNEY J. STEVENS #42522
Rule 55.03(a) Certificate: Original signed by Rodney J. Stevens

JONES, SCHNEIDER AND STEVENS, LLC
11 N. Seventh Street

Columbia, MO 65201

573-449-2451

Fax No. 573-443-8620

E-mail 

Attorney for Plaintiff

 

 

Judge or Division:
MICHAEL WILLIAM BRADLEY. DIV. IX

Case Number: 1SBA-CR03393


 

Defendant?s 

Court ORI Number:

Offense Cycle No. (OCN):

IN THE 13TH JUDICIAL CIRCUIT, BOONE COUNTY, MISSOURI

Lita?

KIMBERLY ANN PALMER MOO10033J

Investigating Agency ORI: MOO100000

 

 

 

 

Alias: KIMBERLY ANN PALMER
KIMBERLY ANN STILES

 

 

MO 65203 Warrant Number: 16-BAFTA-2426


MSHP Number:

Sex:F lHeightz67" . IWeight:120Ibs.

Driver's License No. Issuing State!
e:

 
 
 

 

 

Race: White

 

 

Warrant for Arrest (Failure to Appear)

 

To Any Peace Officer in the State of Missouri:

You are commanded to arrest the above?named defendant who has failed to appear on the following charges:
Charue CodefDescriotion NCIC Modi?er Charoe Level
570.120-001Y20052699.0 Passing Bad Check - $500 Or More - No 99 Felony 
Account/Insuf?cient Funds 570.120 RSMO
which is alleged to have been committed within the jurisdiction of this Court and in violation of the laws oft - - . - 
You are further commanded to bring the defendant before this Court to be dealt with in accordance E) 


If defendant is charged with any of the following and is a concealed carry permit/endorsement holde . ant shall surrender
his/her license/permit to the serving of?cer to be forwarded with the return of this warrant to the cou . Ui?
1. Any felony: NOV 1 6 2
2. Any misdemeanor involving explosive weapons. ?rearms. ?rearm silencer or gas guns;
3. Any misdemeanor offense involving a crime of violence;
4 Any misdemeanor offense involving possession or abuse of a controlled substance. or prior It a 
drugs; or
5. A fugitive from justice or charged by information or indictment in any other state of any similar offense described in the
above paragraphs 1-4.

The of?cer serving this warrant shall execute in writing a return on this warrant to this Court.

Offense Date
25-JAN-2016

   
  
  

   
 

 

 

 

 

COURT SEAL OF
OCTOBER 25. 2016 MICHAEL W. BRADLEY. DIV. IX
Date Judge
By - mac [mg
BOONE COUNTY Deputy Clerk
Bond Set at: 5.000.00 By Judge: MICHAEL WILLIAM BRADLEY

Bond Conditions: The State appears by Assistant Prosecuting Attorney Brouck Jacobs. The Defendant fails to arc-mar although
duty summoned. The State moves for a warrant to be issued. Pursuant to Rule 33.01 et seq. the Court ?nds that the Defendant's
failure to appear demonstrates that the Defendant's promise aione is not suf?cient to reasonably assure the appearance of the
Defendant. The Court issues a capias warrant. Bond set at $5.000 cash or surety. 10% allowed. IX (tai)

Further Information:

 

Officer?s Return

 

 

 

 

 

 

I certify thatl served this warrant in CPU (County/City of St. Louis . Missouri on - (date). by
arresting the above named defendant and bringing him/her before the court on i L- 15;) (date).
Offense Cycle Number (OCN) if not indicated above
Defendant's licenselpermit surrendered for concealed carry suspension and is attached.
Sheriff?s Fees
Fees Served By
Mileage 35 I miles per mile)
Total 
Title Agency ORI
Lula I f' I if.
'53: at if. it? TY
r: 
CR240A 1 (mart-enemas) 544.020. 545.310. 571.101. 571.104 

 

 

7?
Charge Code Number: 570.120-001Y20052699.0 BOO 1: gill-NW

 

 

IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI SEP 2 2 2016
mesa arm-,-
?m?i Wat Emit, ?ll-W Ht
STATE OF MISSOURI, 


vs. CaseNo. 
PALMER OCN:

I 

 

PA File No. 019310819
a/k/a Kimberly Ann Stiles

COMPLAINT

The Prosecuting Attorney of the County of Boone, State of Missouri, upon information and belief,
charges that the defendant: In violation of Section 570.120, RSMO, committed the class felony of
passing bad check, punishable upon conviction under Sections 558.011 and 560.011, RSMO, in that
on or about January 25, 2016, in the County of Boone, State of Missouri, the defendant, with the
purpose to defraud, passed a check in the amount of $313.75, drawn upon a nonexistent account
with the Academy Bank, and payable to All Creature Animal, d/b/a: All Creatures Animal Hospital,
knowing that such check would not be paid.

The facts that form the basis for this information and belief are contained in the attached
statement(s) to facts concerning this matter, which statements are made a part hereof and are
submitted herewith as a basis upon which this court may ?nd the existence of probable cause for the
issuance of the summons.

Wherefore, the Prosecuting Attorney prays that a warrant be issued as provided by



Daniel K. Knight, Prosecuting Attorney
of the County of Boone,
State of Missouri, by

 

Assistant Prosecuting Attorney
Bar No.46272

 

BOOBELEBUNTY

 

 

 

 

SEP 2 2 2016
CHRISTY Rosita?
MMENT OF PROBABLE CAUSE CLERK 
I, XiCkie FiSCher knowing that false statements on this form are punishable

 



by law, state that the facts contained on this form is true.

I have probable cause to believe that the Defendant, Kimberly Palmer Collier 
El (NAME OF THE reason WRITING 
DOB, SSN or DLM __committed one or more criminal offense(s):

(Check One): Passing bad checks/Fraudulently Stop Payment

The facts supporting this belief are as foilows:

a. On or about 3- 5 l0 the Defendant passed a bad check in Boone
(DATE)

County in the amount of$ 3' 3 57 payable to All Grammar 6.5 ?ntmd 

INAME THE CHECK IS MADE 

drawn upon P: CO: ole. Ban . knowing that such check
(NAME or THE BANK ON THE CHECK)

would not be paid.

b. On 01/25/2016 1 Vickie Fischer accepted a checkis)
(NAME 0: PERSON WHO ACCEPTED THE 
on the account of the Defendant, from the Defendant. The said check was
returned by the bank.

Signed WV Date03/03/2016

 

 

IN THE 0F BOONE COUNTY, MISMRI

., 7:3 RA- 67? BOOPELEBWTY

 

 

 

 

 
  
 
 

 

 

 

 

Judge or Division: Case Number:

p2 (a 7? Mad/f7}; SEP 2 4 2013
Plaintiff(s):
1. 5?1le 57:5 36%? ?76 CLER??llg?wggPi?Eljl?m?m

0.1:
2. 

City, State, Zip:

 

City State, Zip:

 

 

vs.
Fulton. Mo 6 92,5: Colman, M0 69 203
Defendant(s): Telephone Number: Telephone Number:
1. Kimberl Collier 97; 355*?76 bw?mu-m
1 Plaintiff?s Address (No. 2): Defendant?s Address 

   
 
   

2.

 

1 y, City, State, Zip:

Telephone Number: Telephone Number:

 

 

 

 

 

 

Petition Small Claims Court

 

The plaintiff states he/she has a claim against the defendant in the amount of 9. ?a . The claim
arose on or about 111/ I5 (date) as a result of the following events:
de?ne/n Cyf-L. //am 

any}; mng?/ laugh-{fr 

WW??afa gag/?4?, {ff/id) an;

(?t/fray; Ila-L. he .

 

 

(continue on reverse)

The plaintiff states that the information contained in this petition is true and correct to the best of his/her knowledge, that
he/she is not an assignee of this claim and that he/she has not ?led more than twelve (12) other claims in the Missouri small

claims courts during the current calendar year.

The plaintiff understands that, should he/she be successful in this action and obtain judgment, and if the defendant does not
appeal within ten days, this judgment becomes ?nal. The plaintiff cannot commence another action involving the same parties

and issues. The plaintiff understands that he/she is waiving the right to jury trial on these issues in the small claims comt.

?an-A 

I Date Signature of Plaintiff

Keep a copy of this petition and bring it to court.

 

 

OSCA (10-04) SC40 1 of 1 Rule 141.01, 432.330, 482.340 

 

f? ?fa?fJJM?awcyv for? toy 

 

IN THE 131-11 JuutuAL LUULV 1, ?u uum 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i NOV 27 2013
Judge or Division: a, - I Number: 
I 1?7; ?5 
Petittoner(s): Issue: CLERK COURT, CULUMBUL MU
General Execution Garnishment Sequestration (Date File Stamp}
i For: [1 Real Estate Levy El Replevin Requested Retum/End Date:
?lm i. if El Vehicle Levy Other Personal Property Levy For secutions:
Respondent(s): i [3 Bank Account Wages 30 Days 60 Days 90 Days
Date Judgment Entered Against Debtor: For Garnishments:
7 30 Days 60 Days 90 Days
. Original Amount of Judgment: E1 120 Days 150 Days El 180 Days
kumiurif (only ?qqgoo
Application and Order
(This form must be compIeted in full or your request will be returned unprocessed.)
[To (County): Amount Remaining Unpaid
600?? (To be completed by Applicant]
Debtor Name/Address: Pn'ncipal if 'i i 
Interest 
Court Costs (paid by partyfatty) 5.9, 
I. Service Fee Paid (Including this Application) 
Debtor SSN (last fOur digits): Attorney Fees 
Requested For: Date: Taxes 
Attorney: Missouri Bar No.: Child SupportMaint under 12 wks. 
A judgment was entered on the above referenced date and remains unsatisfied. Child Supporthaint over 12 wks. 
. 
The garmshor knows or has good reason to believe that the garnishee is indebted to Subtotal o?l
debtor, that the garnishee is obligated to make periodic payments to debtor, or that To Be Completed by Clerk
the garnishee has ntrol or property belonging to debtor. Costs Due to Court 
Signature: Sheriff commiSSion 
Address Tclepho Number: Service Fee Unpaid 35 
3 8/0 warm. Tray} trams no; :5 925/ Total Due 5- .

 

 

 

be sampletaiarearlisanl: .. .. .. . 
Garnishee Name and Address: Instructions for Service: Include applicable instructions such as description of property;
location of bank account; for a sequestration, include political subdivision, department. and

Ed? (r name and title of disbursing of?cer.

Colum?r?? A30 5920} jn 
DEC 09 2013

Writ of Execution (To be completed by Court Clerk) 30

The State of to the Sheriff of any County in the State of Missouri DEPT
Because a judgment was entered against the above debtor in this court and there is a balance, accrued interest, and costs as stated above unpaid
from said judgment, you are commanded to execute this writ by following the instructions on the reverse side of this writ and on the return date
shown below to certify to this court how you executed this writ.

 

 

Garnishee ID (court use only):

 

 

Columbia M06 ill

     

Mail Funds To: Boone Con?nty Circuit Clerk's 0 tt ar ishment 705 E. Walnut St.
Issue (County): Document ID:

(Seal) Date Issued: - '5 Return Date:
By (Clerk): (W 

Summons and Instructions to Garn?fshee

 

 

 

 

 

 

 

To the Above-Named Garnishee: diz?

You are noti?ed that I attach all goods, personal property, money, credit, bonds, bills, notes, checks, choses in action, orinher 

owed to the above named debtor that are in your possession or charge, or under your possession or charge, or under your mm rent this time

until the return ate a suf?cient sum to satisfy the total amount of garnish nt w?bovc You are further noti?ed In file ho?rcingve?i ?20?3


 

 

 

 

 

 

 

 

 

 

 

 

the interrogagri 5 se ved wi in ten days after the above return date. 
Date: V4 ?.73 Sheriff/Server: I 
Count I l' Service Acknowled ed i?
UL I 

 

 

 

OSCA (04r1l)CV90 of 2 . . 

 noun.- .IIF Lu.? ul nu. Ball 
l3 By leaving a cop) ol'the summons/Iirit at the dwelling place or usual abode of each ofthe garnishees nitlt
film over the age of IS years. -

I a person ol?lhe Itarnishee?s

  
 

El ouIer

Sen ed in



true) In ?(Loin I.

 

Service Fees

 

Summons/Writ 8

sun Est 

Sherift?s Deputy Salary

Supplemental Surcharge 5 10.00 MD I
\lileage 5 miles -?rr per milet 

1 trial 5 


Instructions to Sheriff/Sen er dt 1
(leneral Execution

You are commanded to excLutL? this It rit by low me upon the debtor's s?propettv.

(iarttishtnenl
You are Lommanded to summon the gatnishec and attach the propL-Ity subject to gaInishment In the cat nishc'sc possession or charm: to the eLtIItishee' Lonttol betueen
the time notice is served and the date

Sequestration on Public Employer

You m0 commanded to take into your possession. any and all moneys. cheeks. dra?s watrants. Louchets. LII other LIL idence ot? indebtedness l?or lees LII camings
t'or services IcndeIeLI by said debtot non due-and payable- which shall thL-ati-L become due and payable liom the dart. oi this It I it to the retro do} tlIL-Ieot?, no? In in aid at
said paying. disbursing or audit of?cer. ot that shall come into itis?l?lCl hands [re?ne the return day oi this \\lil. Ul so tltLIeoi as shall be. ncce Lssruy to sLItisi'} the amount of

dcbt. interest. costs and fees due and allowed by Ian for serving this it rit. and issue tth'el?ore your receipt: that you endoise in the name nt?said dchtot. any and all such I
hecks. (halts. \eLIcheIs, otheI exidence and com ert the same into cash: that you a true copy ol'this writ upon the pa} ing. or 
of?cer: and that you ccrtii'y to this court the manner in ultich you execute this at it. I i
Applicable isions Relating to (ittrnishmenis 

2. the pI?IItot'tlIc aggregate earnings ot?LmI individual for any \LoIlL'week. after the deduction From those earnings on any amounts required by law to be 1
LL which is subiected to garnishment may not exceed ILI) tLLenty the pet or (hi the amount by ?hieh the inIliL idital's agurcuate earnings for that week alter the
deduction from those earnings oi any amounts reLIuiILd to he ithheld by law. escecd times the federal minimum hourly ptcset ihcd by section tita)ii_lol the Fair Labor

Standatds Act ol i033 in effect at the time oi the catalogs are payable. it the employee Is the head oi iiuttily and LI tesidcnt ot this state. ten per ccntum. whicltetcr ts less

The restrictions on the maximum earnings subjected to garnishment do not in the case ofany court lot the suppott ol'ttny person. and order ot?any court ol?
bankruptcy under chapter ol?the Bankruptcy Act or any debt due Ibr any state or federal tax. I

pay petiods longer than one neck. the proI-isions and oFthis section sh. Ill apph to the maximum or Imings subjected to etnnishment For all
\Iotkwceks cI'Impensatcd. and under subsection 2th) oi this section. the ?multiple" or the minimum wage eLIuiLLIlcnt to that applicable to the emnings subject to
garnishment l'ot one week shall be represented by the formula: The number ol'workweeks or fractions 30 the. applicable t?ede 'tll minimum wage. For the
propose Irithis formula. a calendar month shall he considered to consist ol 4 \Lorku-?ccks. Lt period to consist oi- 6 necks. The ?multiple? Fol any pay pet iod
longer than one It eek shall be computed at a manner consistent her. with.

he IcsIriL-tions on the maximum amount oi earnings suhjeLted to garnishment shall also be applicable to all proceedings imolcing the sequestration oiwages oi?employees oi?
all political subdivisions.

the term "earnings? as used heIcIn means compensation paid or payable for personal serxiccs. denominated as ?ages. salaty. commission. bonus. or othctuisc. and
includes periodic payments putsuant to a pension or retirement program

5. No employer may discharge any employee by reason ol?thc tact that the employee?s earnings hat L: been subjected to garnishment or Fm no}, one
indebtedness.
(I. Whoever willfully violates thL? provisions oi?subseetion 5 oi'this section is guilty ofa misdemeanor

l5 I672 Restrictions on Garnishment - De?nitions
For the purposes oi?this subchaptcr ta) the. term "earnings" means compensation paid or payable for personal services. IIctlteI denominated as wages. salaty. commission.

bonus. or othcru ise. and includes pet indie payments pursuant to pension to a person or retirement program. lhe term "disposable earnings" means that part ol'the eatnings of
any individual remaining aim the deduction Ftotn those earnings oi?anI amounts quuited by law to be lhe tertn ?garnislnnent? means on) legal or equitable
pt oeedurb' g?rtings ol'any idual are required to be withheld tor the payment oran} debt.
l5 ULS. I673 Restrictions on (iarnishment Maximum Allanable Garnishment

Hill?) The al' the LIL-eregrue disposable catalogs of an any workweek a ltich ts subject to garnishment to enforce any order For the suppott any
person SEE,

?t

.I.. 

id?e?uga?riduui Is- his or dependent chihl than a spouse child IL ith respect to II support such order is used. 50 pm centum of
such Indittdnul' disposable earning; tot that In. eek: and

T??il' 1' Is not supporting a spouse L-I dependent Lhild described In clause (Ill er ccntum oi such indi\ idu: Ils dispos LIhlc earnings ibr that neck:
?Eb?m I .m IbleL oi Ltny indit- idual for any per centum speLitiLd to clause A.) shall be deemed to be 55 er Lentum and the hit pet
If

mw?mu?. deemed to he 65 per Le ntum. it any and to the that sucltL earnings are subject to garnishment to eniotce a support order ith LespeLt to a .
eriod It Is I'Irto ck iod which ends ith the beginning ot'such 

Partial List of Exempt Property
(?ettain property cannot be taken to satisfy a general execution. garnishment. on lltis is called exempt property. partial list ol?csetnpt is "?led below fur
a Lamplete listing ot?al] exempt property. you should consult Secnons 513.430 and Silt-ill. RSMLI oI speak with an attorney. Some items oiesempt propetty include;

 

Household Furnishings, household goods. wearing apparel. zIppliaoLcs. books. or musical instruments held for personal use. lloueter. the total Value ot'the items cannot escecd 3.1.000:

A wedding ring not to exceed 5'00 In \I.aiue or not to exceed Lt total value of 3500;

?Tools oi?the trade? not to exceed a total 000 In value:

motor vehicles. nut to exceed :1 total value at 000.

Any mobile home used as pIincipal residence but not here the debtor has an ownership interest? In the real estate on which the home sits. and not are at value at SS. 
(I. Professionally prescribed health aids:
7. Any other property oi'any kind. not to exceed a total value ..
54. Any unmatured Iil'e insurance policies. other than a credit life insurance contract:
9 Social Security. unemployment compensation. or public assistance bene?ts:

ll]. Veteran bene?ts;

i l. Disability or unemployment bene?ts.

2. Alimony or child support not to exceed per month;

.I. Certain assets held in "trust by an employer for the bene?t ot'an employee:

J-l Certain retirement plans quali?ed under the lntemal Revenue Code; however. see note at the bottom; and

I5. For head ol?househaid. $l.25tt plus $350 l'ot each minor child or disabled dependent: however, 10% ol'any debt or income due the debtor is subject to esecution. garnishment. or

sequestration.

Inf-pale?

NOTE: I'n money or assets pa) able under a retirement plan qualifying under the internal Revenue (Tnde are exempt from execution, garnishment. or sequestration tor the
gur?m olcn'lleetiu? child support or maintenance due under a Lnlidjudleiul ur order.

 

(04?1 l) 2 of2 Rule 90.02.452.150 

l/