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

Judge or Division: Case Number: 21AC-AC00277

BRIAN K STUMPE
Plaintiff/Petitioner: Plaintiffs/Petitio ner' s Attorney/Address
SAM RUSH JOSHUA DA YID MOORE
2420 HYDE PARK ROAD
SUITEC
vs. JEFFERSON CITY, MO 65 109
Defe ndant/Respondent: Address o f Property in Question:
JOSEPH COOPER

Nature of Suit: Date, Time and Location o f Court Appearance:

AC Unlawful Detainer 13-APR-2021, 01 :00 PM
DIVISION 5 COURTROOM
301 E HIGH
JEFFERSON CITY MO 65101 Date File Stam
Summons and Notice to be Served by Posting and Mailin (Unlawful Detainer Actions)
The State of Missouri to: JOHN DOE
Alias:

15617 HIGHWAY 17
EUGENE, MO 65032

You are summoned to appear before this court on the date, time and location stated above, to
COURT SEAL OF
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 at least 48 hours in advance of the scheduled hearing.
0 3- 09- 2 0 2 1
COLE COUNTY
Date J •
Further 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 pre mises at the followi ng 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 complai nt 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 ser ved by an authorized officer:
Subscribed and sworn to before me on _ _ _ _ _ _ _ _ __ __ _ _ _ (date).
(Seal)
My commission expires: _ __ _ _ __
Date Nota Publ ic
Sheriff's Fees, if applicable
Summons $_ _ __ _ __
Non Est $_ _ _ _ _ __
Sheriffs Deputy Salary
Supplemental Surcharge J0..,,.00.......__ __
$_ _...
Mileage $ ( _ miles @ $. _ _ per mile)
Total $_ _ _ _ _ __
A copy of the summons and a copy o f the petition must be served on each Defendant/Respondent. For methods o f service on all classes of
suits see Su reme Court Rule 54.

OSCA (7-08) SM99 For Co11rt Use Only: Document JO # 21-SM99-6 I of I Rule 54.02; 534.070, 534.080, 534.090 RSMo
 21AC-AC00277

IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI

ASSOCIATE DIVISION

SAM RUSH,
Plaintiff,

vs. Case No.:

JOSEPH COOPER,
and
VIRGIL COOPER,
and
JOHN DOE,
and
JANE DOE,
Defendants.

PETITION

COMES NOW, Plaintiff and for its cause of action against Defendants state and allege

as fo llows:

General Allegations

1. Plaintiff is an individual over the age of 18 who resides in Cole County, Missouri.

2. Plaintiff is the owner of the following described real estate, the "Property" located

in Cole County, Missouri: 15617 Highway 17, Eugene, MO 65032.

3. Defendant Joseph Cooper is an individual over the age of 18 years, who leased

the Property from Plaintiff pursuant to the terms of an oral month to month lease (the "Lease").

4. Defendant Virgil Cooper is an individual over the age of 18 years, who is in joint

possession of the Property with Defendant Joseph Cooper, but who is not a party to the Lease.

S. Defendants John Doe and Jane Doe are unknown individuals who upon

information and belief are in joint possession of the Property with Defendant Joseph Cooper, but

who are not parties to the Lease.

 Count I - Breach of Lease Against Defendant Joseph Cooper

6. Plaintiff incorporates the General Allegations as if set forth herein.

7. Defendant Joseph Cooper is the lessee of the Property pursuant to an oral month

to month lease with Plaintiff.

8. On or about December 26, 2020 Defendant Joseph Cooper, and others, are alleged

to have been involved in certain criminal acts, including kidnapping, which are alleged to have

occurred at the Property. See Case No. 21AC-CR00026 1.

9. Defendant Joseph Cooper's criminal conduct is a violation of the terms of the

Lease, in that the Lease does not allow Defendant Joseph Cooper to engage in criminal activity

at the Property.

l 0. Defendant Joseph Cooper has allowed and permitted other individuals to take

joint possession of the Property.

11 . Defendant Joseph Cooper's conduct is allowing other individuals to take joint

possession of the Property is a violation of the Lease in that the Lease is between Plaintiff and

Defendant Joseph Cooper only.

12. Though Plaintiff has demanded possession of the Property to be returned to

Plaintiff, Defendant has failed to do so.

WHEREFORE, Plaintiff prays this Court enter its Order, Judgment, and Decree in favor

of Plaintiff and against Defendant Joseph Cooper, awarding Plaintiff possession of the Property,

and such further and other relief as this Court deems j ust and proper under the circumstances.
 Count II - Unlawful Detainer - All Other Defendants

13. Plaintiff incorporates the General Allegations as if set forth herein.

14. Plaintiff has become aware the Defendants Virgil Cooper, John Doe, and Jane

Doe are all in joint possession of the Property and claim a right to possession of the Property.

15. Plaintiff has not entered into a Lease fo r the Property with Defendants Virgil

Cooper, John Doe, and Jane Doe and said Defendants have never had a right to possession of the

Property.

16. Plaintiff has demanded possession of the Property from Defendants Virgil

Cooper, John Doe, and Jane Doe; however these Defendants have failed and refused to deliver

possession of the Property to Plaintiff.

17. Plaintiff has given Defendants Virgil Cooper, John Doe, and Jane Doe with all

required notices to vacate the Property; however, these Defendants remain in possession of the

Property.

18. Defendants Virgil Cooper, John Doe, and Jane Doe are wrongfully, willfully, and

unlawfully holding possession of the Property.

19. Plaintiff is entitled to immediate possession of the Property.

WHEREFORE, Plaintiff prays this Court enter its Order, Judgment, and Decree in favor

of Plaintiff and against Defendants Virgil Cooper, John Doe, and Jane Doe, jointly and severally,

awarding Plaintiff immediate possession of the Property.

Notice

Please be advised that this office represents the Plaintiff to collect a debt owed as

referenced within this Petition. Our office does not represent you and you should seek legal

representation immediately. This is an attempt to collect a debt and any information obtained will
be used for that purpose. The amount of the debt is set forth above in this Petition and the amount

claimed may increase. The creditor is the Plaintiff named above in this Petition.

Unless you notify this office within 30 days after receiving this notice that you dispute the

validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify

this office in writing withi n 30 days from receiving this notice, that you dispute the validity of this

debt or any portion thereof, this office will: obtain verification of the debt or obtain a copy of a

judgment against you and mail you a copy of such verification or judgment. Upon your written

request within 30 days after receiving this notice, this office will provide you with the name and

address of the original creditor, if different from the current creditor. Any future legal actions

taken by this office will not terminate or limit the thi rty-day period to dispute the validity of the

debt, or any portion thereof, or your ability to request verification of the debt or the name of the

original creditor, as described above.

You must comply with the summons (a court order) even if you dispute the validity or

amount of the debt or exercise your rights as provided herein.

CLEMENT, VAN RONZELEN

& SCHULTE, LLC

Isl Joshua D. Moore

Joshua D. Moore, #65056
2420 Hyde Park Road, Suite C
Jefferson City, MO 65 109
Phone:573-691-4800
Fax: 573-298-42 14
Email: jmoore@cvrslaw.com
Attorneys for Plaintiff
 VERIFICATION

State Of Missouri )
) SS.
County Of Cole )
~ I ;') JI A ! t-~>AJ
)""'} '\ fc / v \ee1"{ , lessor or duly authorized agent of lessor, being first duly
sworn, deposes and states that s/he has read over the foregoing Petition and that the facts stated in
the Petition are true according to the best of his/her kn ge and information.

y~

Subscribed and sworn before me this~ day of---.iW~.p.

l d. .: : U<.J~
'. -"-'----'' 2021.
~~
KARI A. SCHULTE
NOTARY PUBLIC· NOTARY SEAL
STATE OF MISSOURI
COLE COUNTY
My Commission Expires: 7-17-2022
COMMISSION# 14909158