Berk-Cohen Associates DBA Cimarron Terrace Apartments v. Shannon Day, Jason Melot
What's This Case About?
Let’s cut right to the chase: two tenants in Shawnee, Oklahoma, are being dragged to court over $2,138 — yes, that’s two thousand one hundred thirty-eight dollars — and could be thrown out of their apartment because of it. Not because they trashed the place like a rock band after a tour, not because they turned it into an underground ferret fight club — no, we’re here, in the hallowed halls of the Pottawatomie County District Court, because someone didn’t pay the rent and possibly left the apartment in worse shape than they found it. Welcome to CrazyCivilCourt, where the stakes are low, the drama is high, and the judge is probably wondering why this couldn’t be settled over a strongly worded text message.
So who are these players in this domestic drama? On one side, we’ve got Berk-Cohen Associates, doing business as Cimarron Terrace Apartments — a name that sounds like a boutique wellness retreat but is, in fact, a garden-style apartment complex in Shawnee, a town that proudly bills itself as the “Rose City” and also, apparently, the “Let’s Sue Our Tenants Over Two Grand” city. Represented by attorney Jessica Fogarty (who, based on the paperwork, is already over it), the landlord is playing hardball. On the other side: Shannon Day and Jason Melot, the dynamic duo of delinquency, tenants of Apartment #206 at 1810 N. Harrison. We don’t know much about them — no criminal rap sheets, no viral TikToks, no public feuds with the HOA — but we do know this: they didn’t pay their rent, and now they’re staring down the barrel of eviction like it’s the final round of Survivor: Shawnee Edition.
Now, let’s unpack what actually went down. At some point — the filing doesn’t say when, but let’s assume it was sometime after the last lunar eclipse and before the 2026 Super Bowl — Shannon and Jason signed a lease to live at Cimarron Terrace. Standard stuff: pay rent monthly, don’t flood the bathroom, don’t turn the balcony into a meth lab. For a while, maybe everything was fine. Maybe they hosted cozy movie nights, argued over whose turn it was to take out the trash, and quietly judged their neighbors’ questionable lawn ornaments. But then… the payments stopped. According to Jessica Fogarty’s sworn affidavit (which, in court-speak, means “I’m telling the truth so help me Google”), the tenants owe exactly $2,138 in unpaid rent. That’s not chump change — we’re talking about the cost of a used car down payment, a solid used Peloton, or, you know, six months of groceries. But it’s also not a million dollars. It’s the kind of number that makes you wonder: did they just fall behind? Did someone lose a job? Did they forget to update their autopay? Or did they just decide, “Eh, screw it, let’s live rent-free until the sheriff shows up?”
And here’s where it gets juicier: the landlord isn’t just mad about the missing rent. Oh no. They’re also alleging property damage. Now, the form has a blank where the dollar amount for damages should go — which is either a clerical error or a legal version of “we’ll figure out how mad we are later.” But the implication is clear: when the landlord went to inspect the unit (or maybe just peek through the mail slot), they didn’t like what they saw. Was there a hole in the wall from a misplaced dartboard? Water stains from a DIY indoor waterfall? Or did someone paint the living room neon green and call it “art”? We may never know. But someone, somewhere, is blaming someone else for turning Apartment #206 into a fixer-upper from Fixer Upper.
So why are we in court? Because this isn’t just a “hey, can you Venmo me?” situation anymore. This is a Forcible Entry and Detainer action — a fancy legal term that basically means “get out, you’re not welcome here anymore.” In Oklahoma, landlords can file this kind of case when a tenant stops paying rent or violates the lease in a big way. It’s fast-tracked — hence the hearing scheduled for March 11, 2026, just days after the filing — and it’s designed to get the property back quickly. No need for a full-blown trial with witnesses and cross-examinations. Just show up, argue your case, and let the judge decide who gets the keys. The landlord wants two things: possession of the apartment (i.e., Shannon and Jason out, now), and the $2,138 they’re owed. They’re also reserving the right to ask for attorney’s fees and court costs — because nothing says “I’m winning” like making the other side pay for your lawyer’s coffee runs.
Now, let’s talk about that number: $2,138. Is it a lot? Is it a little? Well, for a landlord managing multiple units, two grand might be a blip — the cost of one HVAC repair, one landscaping invoice, one unexpected squirrel infestation. But for a tenant? That’s serious money. That’s “can’t pay the electric bill” money. That’s “might have to choose between rent and insulin” money. And yet, here we are, in a courtroom, because neither side blinked. Did the landlord try a payment plan? A grace period? A sternly worded note taped to the door? The filing doesn’t say. But the fact that they went straight to court — and brought an attorney — suggests they’re not in the mood for negotiation. They want their money, they want their apartment back, and they want it yesterday.
And what do Shannon and Jason want? Silence. That’s the most telling part: they haven’t filed a response. They haven’t countersued. They haven’t claimed the landlord never fixed the leaky faucet or that the apartment was haunted by the ghost of a former tenant who also got evicted. They’re just… quiet. Which could mean a lot of things. Maybe they’ve already moved out and don’t care. Maybe they’re broke and can’t afford a lawyer. Maybe they’re in denial, hoping this will all go away if they ignore it hard enough. Or maybe they’re just waiting for the sheriff to show up with a clipboard and a sad look on his face.
Look, we’re not here to pick sides — we’re entertainers, not lawyers, and definitely not landlords. But let’s be real: there’s something almost Shakespearean about this. Two people, a locked door, a stack of unpaid bills, and the cold hand of bureaucracy knocking at the window. Is this a tale of greed? Negligence? Hardship? Probably a little of all three. The most absurd part? That $2,138 — an amount so specific it feels like it was calculated by a spreadsheet with trust issues — could upend two lives. One missed paycheck, one medical bill, one bad break, and suddenly you’re in court fighting not for justice, but for a roof over your head.
We’re rooting for a resolution that doesn’t end with someone sleeping in their car. We’re rooting for landlords who remember that tenants are people, and for tenants who remember that rent isn’t optional. And we’re definitely rooting for someone, somewhere, to just talk to each other before it gets this far. Because if the lesson of Cimarron Terrace is anything, it’s this: in the grand theater of civil court, the smallest debts can lead to the loudest evictions.
Case Overview
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Berk-Cohen Associates DBA Cimarron Terrace Apartments
business
Rep: Jessica Fogarty
- Shannon Day, Jason Melot individual
| # | Cause of Action | Description |
|---|---|---|
| 1 | Forcible Entry and Detainer | Defendant owes rent and damages for property damage |