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STATE OF SOUTH CAROLINA,
IN THE COURT OF COMMON PLEAS
COUNTY OF SPARTANBURG
DANIEL EVAN SCHALL AND
JENNIFER MOFFITT SCHALL SUMMONS
Plaintiff,
vs.
FILE NO.
KIARA GALARZA
) QUADCP 4A035E3
Defendant. )
TO THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy
of
which is herewith served upon you, and to serve
a copy of your answer to this complaint upon the
subscriber, at the address shown below, within thirty
(30) days after service hereof, exclusive of the day
of such service, and if you fail to answer the complaint, judgment
by default will be rendered against
you for the relief demanded in the complaint.
SPARTANBURG, South Carolina
Plaintiff/Attorney ntiff
Dated: September 24, 2023
Address: PO Box 35
Mayo, SC, 29368
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STATE OF SOUTH CAROLINA,
IN THE COURT OF COMMON PLEAS
COUNTY OF SPARTANBURG
DANIEL EVAN SCHALL AND
SUMMONS
JENNIFER MOFFITT SCHALL
Plaintiff,
VS.
FILE NO.
KENSHUN MURPHY QROABK
420 2653
Defendant. )
TO THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of
which is herewith served upon you, and to serve a
copy of your answer to this complaint upon the
subscriber, at the address shown below, within thirty (30)
days after service hereof, exclusive of the day
of such service, and if you fail to answer the complaint, judgment
by default will be rendered against
you for the relief demanded in the complaint.
SPARTANBURG, South Carolina
Plaintiff/Attomey ir Pldintift
Dated: September 24, 2023
Address: PO Box 35
Mayo, SC, 29368
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SCCA 401 (5/02) x
STATE OF SOUTH CAROLINA,
IN THE COURT OF COMMON PLEAS
COUNTY OF SPARTANBURG
DANIEL EVAN SCHALL AND
SUMMONS
JENNIFER MOFFITT SCHALL
Plaintiff,
VS.
FILE NO.
MARICEL GALARZA ) QoAaAacPyaon SSS
Defendant. )
TO THE DEFENDANT ABOVE-NAMED:
YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of
which is herewith served upon you, and to serve a copy of your
answer to this complaint upon the
subscriber, at the address shown below, within thirty (30) days after
service hereof, exclusive of the day
of such service, and if you fail to answer the complaint, judgment by default will be rendered against
you for the relief demanded in the complaint.
SPARTANBURG, South Carolina
Plaintiff/A ttorn ir PYintift
Dated: September 24, 2023
Address: PO Box 35
Mayo, SC, 29368
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SCCA 401 (5/02)
STATE OF SOUTH CAROLINA
COUNTY OF
) IN THE COURT OF COMMON PLEAS
SPARTANBURG )
DANIEL EVAN SCHALL AND
JENNIFER MOFFITT SCHALL
Plaintiffs,
Sao 44 0258S
VS.
COMPLAINT
(Jury Trial Requested)
KENSHUN MURPHY AND
MARICEL GALARZA AND
KIARA GALARZA
Defendant )
The Plaintiffs, Daniel E. Schall and Jennifer M. Schall complainin
g of the Defendant, would
respectfully show unto the Court as follows:
1 Plaintiffs are citizens and residents of Spartanburg County, South
Carolina and have a
mailing address of PO Box 35 Mayo, SC 29368
The Defendants resided, upon information and belief,
in Spartanburg County, South
Carolina at the time of the incident
A substantial portion of the actions alleged in this Compl
aint took place in
Spartanburg County, South Carolina
The Court has jurisdiction over the parties and subje
ct matter of this lawsuit.
FACTS
Upon information and belief, on or about Sept
ember 26, 2020, Defendant Kenshun
Murphy was operating a 1999 Honda vehicle.
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Upon information and belief, the motor vehic
le mentioned above was ied nke TT
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insured by Defendant Maricel Galarza.
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On or about September 26, 2020, the plaintiffs’
home situated at 123 Stone Drive,
Wellford, SC 29385 was damaged by a vehicle accident
where the vehicle mentioned
above driven by Defendant Kenshun Murphy crashed throug
h a part of the house.
According to police records, the car that caused the
accident was insured by
Defendant Maricel Galarza, mother of Defendant
Kira Galarza.
Upon information and belief, Plaintiffs property is curren
tly unlivable.
FOR A FIRST CAUSE OF ACTION
(Negligence)
10. The Plaintiffs restate and reallege their previous allegations
as if fully set forth herein
verbatim.
11 The Plaintiffs incurred property damage to 123 Stone Drive
as the result of the
accident.
12 Maricel Galarza had given permission, either expressly
or implicitly, for Kiara
Galarza and / or Kenshun Murphy to operate the motor
vehicle or for Kiara Galarza
to expressly or implicitly grant permission for Kenshun Murph
y to operate the motor
vehicle.
13 Upon information and belief, Defendant Kenshun Murph
y was Operating 4 motor
vehicle mentioned above.
14 Defendant Maricel Galarza owed duties of care to
Plaintiff to ensure the motor
vehicle she owned was operated responsibly.
15 Defendant Kiara Galarza owed duties of care to
Plaintiff to ensure the motor vehicle
she was allowed to operate or identify others to
operate was operated responsibly
16. Defendant Kenshun Murphy owed duties of care oS
to Plaintiff, and De ¢ KAshurt™
Murphy was reckless, willful, wanton, gross cr
ly negligent, and breached Sduties of 777
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care to Plaintiff in particulars including, but not limited to, driving too
fast for
conditions and in such other particulars as shall be proven at the
hearing of this claim.
17 That as a direct and proximate result of Defendant’s actions and/or
inactions,
Plaintiffs suffered serious economic loss.
18 Plaintiffs are informed and believe that they are entitled to judgme
nt against the
Defendant for actual and resulting actual damages due to Defendant’s
negligence.
19 As the direct proximate result of the actions and/or inactions of Defenda
nts Kenshun
Murphy, Maricel Galarza, and Kiara Galarza, Plaintiff has sustain
ed damages
including, but not limited to, damages to the property located at 123 Stone
Drive, lost
rental income as a result of the collision, and as Defendant Kenshun Murphy
’s actions
were undertaken in a manner that was willful, wanton, reckless,
and grossly negligent
and in violation of the statutory and common law of this State, while being
expressly
or implicitly permitted by Defendant Maricel Galarza and Kiara Galarza
, Plaintiff is
entitled to punitive damages.
20 That as a direct and proximate result of Defendant’s actions and/or inactio
ns,
Plaintiffs are informed and believe that they are entitled to judgme
nt against
Defendant in an appropriate amount of actual damages, together
with punitive
damages in an appropriate amount to be determined by the Court, the
costs of this
action and such other and further relief as this Court deems just
and proper.
WHEREFORE, having set forth their Complaint, Plaintiffs would respec
tfully Tequest
wa
judgment against Defendants to be determined by
the trier of fact; consistent withe aga ions.
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herein; for the costs and disbursements of this action; for actual,
compensatory, and
consequential damages, punitive damages, costs, attorney’s fees,
prejudgment interest, and any
other relief the Court may deem just and equitable.
Plaintiffs request a jury trial on all counts so triable.
September 24, 2023
Spartanburg, South Carolina
Lia! phd
Daniel E. Schall
/
Que NL) doll
/ “Jennifer M. Schall
PO Box 35
Mayo, SC 29368
Telephone: 703-586-8704
Danielschall73@gmail.com
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STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
COUNTY OF SPARTANBURG
DANIEL EVAN SCHALL AND
CIVIL ACTION COVERSHEET
JENNIFER MOFFITT SCHALL
Plaintiff(s)
vs.
ABAcr -4Q_.O7553
Kenshum Murphy
Marcel Galarze
)
Kare Galarza Defendant(s) )
2%,
Submitted pagel Scho SC Bar#:.
Address:
Telephone #:_703-536-8 7OY
Maye, 9 LING Fax #:
Other:
E-mai dh Mel sthall?
egme;/ “om
NOTE: The coversheet and information contained herein ncither replaces nor supplements the filing and service of pleadings or other papers as required by
Jaw. This form is required for the use of the Clerk of Court for the purpose of docketing cases
signed, and dated, A copy of this coversheet must be served on the defendant(s) along with the that are NOT E-Filed. [t must be filled out compietely,
Summons and Complaint. This form is NOT required to
be filed in E-Filed Cases.
DOCKETING INFORMATION (Check all that apply)
*If Action is Judgmeny/Settlement do not complete
1 JURY TRIAL demanded in compl aint. (C0 NON-JURY TRIAL demanded in complaint.
This case is subject to ARBITRATION pursu: ‘ant to the Court Annexed Altemativ
e Dispute Resolution Rules.
This case is subject to MEDIATION pursuan t to the Court Annexed Alternati
ve Dispute Resolution Rules.
C1 This case is exempt from ADR. (Certificate A ttached)
NATURE OF ACTION (Check One Box Below)
Contracts Torts - Professional Malpractice Torts ~ Personal Injury
Constructions (100)
Real Property
1 __ Dental Malpractice (200) Q Conversion (310) Claim & Delivery (400)
Debt Collection (110) Qo Legal Malpractice (210) zg Motor Vehicle Accident (320) Qo Condemnation (410)
General (130) C1 Medical Matpractice (220) Premises Liability (330)
Breach of Contract (140) Foreclosure (420)
Previous Notice of Intent Case # Products Liability (340)
Fraud/Bad Faith (150) 20___-N- —
Mechanic's Lien (430)
Personal Injury (350) Partition (440)
Failure to Delivery Qo Notice/ File Med Mal (230) Wrongful Death (360) Possession (450)
Warranty (160)
CD other (299) AssaulBattery (370) Building Code Violation (460)
Employment Discrim ‘Slander/Libel (380)
(170) Other (499)
Employment (180) ‘Other (399)
Other (199)
Inmate Petitions
PCR (500)
Administrative Law/Relief Judgments/Settlements Appeals
Reinstate Drv. License (800) Death Settlement (700) Arbitration (900)
Mandamus (520) Judicial Review (810) Foreign Judgment (710) Magistrate-Civil (910)
Habeas Corpus (530)
Other (599)
Relief (820) Magistrate's Judgment (720) Magistrate-Criminal (920)
Permanent Injunction (830) Minor Settlement (730) Municipal (930)
Forfeiture-Petition (840) Transcript Judgment (740) Probate Court (940)
Forteiture—Consent Order (850) Lis Pendens (750) SCDOT (950)
Other (899) ‘Transfer of Structured Worker's Comp (960)
Setticment Payment Rights Zoning Board (970)
Application (760) Public Service Comm. (990)
SpecialComplex /Other oOo
Environmental (600)
Confession of Judgment (770) Employment Security Comm (991)
Automobile Arb. (610)
Pharmaceuticals (630) Qo Petition for Workers
tr
Unfair Trade Practices (640) ‘Compensation Settlement er (9993
Approval (780) oO aD
Medical (620) QO ‘Out-of State Depositions (650) CO incapacitated Adult “I
‘Settlement (790) ma
Other (699) QO Motion to Quash Subpoena in an CO Other (799)
a —
Out-of-County Action (660)
QO Sexual Predator (510) o Pre-Suit Discovery (670)
Qo Permanent Restraining Order (680) Qk if
Qn’
o
: anid Libabe jf Ndr]
Interpleader (690) Zee
Submitting Party Signature
Date: fe Bae
SCCA / 234 (04/2021) “<
Page 1 of 3
Common Pleas
Clerk : Amy Cox
Spartanbura County
Spartanburg, SG 29304
Phone:(864) 596-2591 Fax:(864) 596-2239
Received From: Schall, Daniel Date: 9/25/2023
Po Box 35 Receipt #: 306635
Mayo, SC 29368 Clerk: c42ssergey
Paying for: Self
Transaction Type: Payment Reference #: 456
Payment Type: Check $150.00 Comment: Civil Action 2023CP4203583
Non-Refundable
Total Paid: $150.00
Total Received: $150.00
Change Due: $0.00 You may check the status of your Spartanburg case at
hittp:/Awww.sccourts.org/caseSearch/
Case # Caption Previous Balance Amount Paid Balance Due
2023CP4203583 Danie! Schall VS Kiara Galarza $150.00 $150.00 $0.00
Total Cases: 1 $150.00 $150.00 $0.00
ReceiptSingleCasezpt V6.1
Preview
STATE OF SOUTH CAROLINA, IN THE COURT OF COMMON PLEAS COUNTY OF SPARTANBURG DANIEL EVAN SCHALL AND JENNIFER MOFFITT SCHALL SUMMONS Plaintiff, vs. FILE NO. KIARA GALARZA ) QUADCP 4A035E3 Defendant. ) TO THE DEFENDANT ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to this complaint upon the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive of the day of such service, and if you fail to answer the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. SPARTANBURG, South Carolina Plaintiff/Attorney ntiff Dated: September 24, 2023 Address: PO Box 35 Mayo, SC, 29368 ca ho o> mS oo nm sc a SCCA 401 (5/02) re wo STATE OF SOUTH CAROLINA, IN THE COURT OF COMMON PLEAS COUNTY OF SPARTANBURG DANIEL EVAN SCHALL AND SUMMONS JENNIFER MOFFITT SCHALL Plaintiff, VS. FILE NO. KENSHUN MURPHY QROABK 420 2653 Defendant. ) TO THE DEFENDANT ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to this complaint upon the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive of the day of such service, and if you fail to answer the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. SPARTANBURG, South Carolina Plaintiff/Attomey ir Pldintift Dated: September 24, 2023 Address: PO Box 35 Mayo, SC, 29368 “9 Bo oF Bo oo “TT ste SCCA 401 (5/02) x STATE OF SOUTH CAROLINA, IN THE COURT OF COMMON PLEAS COUNTY OF SPARTANBURG DANIEL EVAN SCHALL AND SUMMONS JENNIFER MOFFITT SCHALL Plaintiff, VS. FILE NO. MARICEL GALARZA ) QoAaAacPyaon SSS Defendant. ) TO THE DEFENDANT ABOVE-NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy of which is herewith served upon you, and to serve a copy of your answer to this complaint upon the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive of the day of such service, and if you fail to answer the complaint, judgment by default will be rendered against you for the relief demanded in the complaint. SPARTANBURG, South Carolina Plaintiff/A ttorn ir PYintift Dated: September 24, 2023 Address: PO Box 35 Mayo, SC, 29368 “a 2 1oy ao > By By “TT soe 2 nh ~—! 4 on a i aan SCCA 401 (5/02) STATE OF SOUTH CAROLINA COUNTY OF ) IN THE COURT OF COMMON PLEAS SPARTANBURG ) DANIEL EVAN SCHALL AND JENNIFER MOFFITT SCHALL Plaintiffs, Sao 44 0258S VS. COMPLAINT (Jury Trial Requested) KENSHUN MURPHY AND MARICEL GALARZA AND KIARA GALARZA Defendant ) The Plaintiffs, Daniel E. Schall and Jennifer M. Schall complainin g of the Defendant, would respectfully show unto the Court as follows: 1 Plaintiffs are citizens and residents of Spartanburg County, South Carolina and have a mailing address of PO Box 35 Mayo, SC 29368 The Defendants resided, upon information and belief, in Spartanburg County, South Carolina at the time of the incident A substantial portion of the actions alleged in this Compl aint took place in Spartanburg County, South Carolina The Court has jurisdiction over the parties and subje ct matter of this lawsuit. FACTS Upon information and belief, on or about Sept ember 26, 2020, Defendant Kenshun Murphy was operating a 1999 Honda vehicle. hh Upon information and belief, the motor vehic le mentioned above was ied nke TT =oo insured by Defendant Maricel Galarza. Do a Yt wo On or about September 26, 2020, the plaintiffs’ home situated at 123 Stone Drive, Wellford, SC 29385 was damaged by a vehicle accident where the vehicle mentioned above driven by Defendant Kenshun Murphy crashed throug h a part of the house. According to police records, the car that caused the accident was insured by Defendant Maricel Galarza, mother of Defendant Kira Galarza. Upon information and belief, Plaintiffs property is curren tly unlivable. FOR A FIRST CAUSE OF ACTION (Negligence) 10. The Plaintiffs restate and reallege their previous allegations as if fully set forth herein verbatim. 11 The Plaintiffs incurred property damage to 123 Stone Drive as the result of the accident. 12 Maricel Galarza had given permission, either expressly or implicitly, for Kiara Galarza and / or Kenshun Murphy to operate the motor vehicle or for Kiara Galarza to expressly or implicitly grant permission for Kenshun Murph y to operate the motor vehicle. 13 Upon information and belief, Defendant Kenshun Murph y was Operating 4 motor vehicle mentioned above. 14 Defendant Maricel Galarza owed duties of care to Plaintiff to ensure the motor vehicle she owned was operated responsibly. 15 Defendant Kiara Galarza owed duties of care to Plaintiff to ensure the motor vehicle she was allowed to operate or identify others to operate was operated responsibly 16. Defendant Kenshun Murphy owed duties of care oS to Plaintiff, and De ¢ KAshurt™ Murphy was reckless, willful, wanton, gross cr ly negligent, and breached Sduties of 777 noo te =] care to Plaintiff in particulars including, but not limited to, driving too fast for conditions and in such other particulars as shall be proven at the hearing of this claim. 17 That as a direct and proximate result of Defendant’s actions and/or inactions, Plaintiffs suffered serious economic loss. 18 Plaintiffs are informed and believe that they are entitled to judgme nt against the Defendant for actual and resulting actual damages due to Defendant’s negligence. 19 As the direct proximate result of the actions and/or inactions of Defenda nts Kenshun Murphy, Maricel Galarza, and Kiara Galarza, Plaintiff has sustain ed damages including, but not limited to, damages to the property located at 123 Stone Drive, lost rental income as a result of the collision, and as Defendant Kenshun Murphy ’s actions were undertaken in a manner that was willful, wanton, reckless, and grossly negligent and in violation of the statutory and common law of this State, while being expressly or implicitly permitted by Defendant Maricel Galarza and Kiara Galarza , Plaintiff is entitled to punitive damages. 20 That as a direct and proximate result of Defendant’s actions and/or inactio ns, Plaintiffs are informed and believe that they are entitled to judgme nt against Defendant in an appropriate amount of actual damages, together with punitive damages in an appropriate amount to be determined by the Court, the costs of this action and such other and further relief as this Court deems just and proper. WHEREFORE, having set forth their Complaint, Plaintiffs would respec tfully Tequest wa judgment against Defendants to be determined by the trier of fact; consistent withe aga ions. x Oo a poem sry == ité herein; for the costs and disbursements of this action; for actual, compensatory, and consequential damages, punitive damages, costs, attorney’s fees, prejudgment interest, and any other relief the Court may deem just and equitable. Plaintiffs request a jury trial on all counts so triable. September 24, 2023 Spartanburg, South Carolina Lia! phd Daniel E. Schall / Que NL) doll / “Jennifer M. Schall PO Box 35 Mayo, SC 29368 Telephone: 703-586-8704 Danielschall73@gmail.com tr aay 2 3 my nema A id a STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF SPARTANBURG DANIEL EVAN SCHALL AND CIVIL ACTION COVERSHEET JENNIFER MOFFITT SCHALL Plaintiff(s) vs. ABAcr -4Q_.O7553 Kenshum Murphy Marcel Galarze ) Kare Galarza Defendant(s) ) 2%, Submitted pagel Scho SC Bar#:. Address: Telephone #:_703-536-8 7OY Maye, 9 LING Fax #: Other: E-mai dh Mel sthall? egme;/ “om NOTE: The coversheet and information contained herein ncither replaces nor supplements the filing and service of pleadings or other papers as required by Jaw. This form is required for the use of the Clerk of Court for the purpose of docketing cases signed, and dated, A copy of this coversheet must be served on the defendant(s) along with the that are NOT E-Filed. [t must be filled out compietely, Summons and Complaint. This form is NOT required to be filed in E-Filed Cases. DOCKETING INFORMATION (Check all that apply) *If Action is Judgmeny/Settlement do not complete 1 JURY TRIAL demanded in compl aint. (C0 NON-JURY TRIAL demanded in complaint. This case is subject to ARBITRATION pursu: ‘ant to the Court Annexed Altemativ e Dispute Resolution Rules. This case is subject to MEDIATION pursuan t to the Court Annexed Alternati ve Dispute Resolution Rules. C1 This case is exempt from ADR. (Certificate A ttached) NATURE OF ACTION (Check One Box Below) Contracts Torts - Professional Malpractice Torts ~ Personal Injury Constructions (100) Real Property 1 __ Dental Malpractice (200) Q Conversion (310) Claim & Delivery (400) Debt Collection (110) Qo Legal Malpractice (210) zg Motor Vehicle Accident (320) Qo Condemnation (410) General (130) C1 Medical Matpractice (220) Premises Liability (330) Breach of Contract (140) Foreclosure (420) Previous Notice of Intent Case # Products Liability (340) Fraud/Bad Faith (150) 20___-N- — Mechanic's Lien (430) Personal Injury (350) Partition (440) Failure to Delivery Qo Notice/ File Med Mal (230) Wrongful Death (360) Possession (450) Warranty (160) CD other (299) AssaulBattery (370) Building Code Violation (460) Employment Discrim ‘Slander/Libel (380) (170) Other (499) Employment (180) ‘Other (399) Other (199) Inmate Petitions PCR (500) Administrative Law/Relief Judgments/Settlements Appeals Reinstate Drv. License (800) Death Settlement (700) Arbitration (900) Mandamus (520) Judicial Review (810) Foreign Judgment (710) Magistrate-Civil (910) Habeas Corpus (530) Other (599) Relief (820) Magistrate's Judgment (720) Magistrate-Criminal (920) Permanent Injunction (830) Minor Settlement (730) Municipal (930) Forfeiture-Petition (840) Transcript Judgment (740) Probate Court (940) Forteiture—Consent Order (850) Lis Pendens (750) SCDOT (950) Other (899) ‘Transfer of Structured Worker's Comp (960) Setticment Payment Rights Zoning Board (970) Application (760) Public Service Comm. (990) SpecialComplex /Other oOo Environmental (600) Confession of Judgment (770) Employment Security Comm (991) Automobile Arb. (610) Pharmaceuticals (630) Qo Petition for Workers tr Unfair Trade Practices (640) ‘Compensation Settlement er (9993 Approval (780) oO aD Medical (620) QO ‘Out-of State Depositions (650) CO incapacitated Adult “I ‘Settlement (790) ma Other (699) QO Motion to Quash Subpoena in an CO Other (799) a — Out-of-County Action (660) QO Sexual Predator (510) o Pre-Suit Discovery (670) Qo Permanent Restraining Order (680) Qk if Qn’ o : anid Libabe jf Ndr] Interpleader (690) Zee Submitting Party Signature Date: fe Bae SCCA / 234 (04/2021) “< Page 1 of 3 Common Pleas Clerk : Amy Cox Spartanbura County Spartanburg, SG 29304 Phone:(864) 596-2591 Fax:(864) 596-2239 Received From: Schall, Daniel Date: 9/25/2023 Po Box 35 Receipt #: 306635 Mayo, SC 29368 Clerk: c42ssergey Paying for: Self Transaction Type: Payment Reference #: 456 Payment Type: Check $150.00 Comment: Civil Action 2023CP4203583 Non-Refundable Total Paid: $150.00 Total Received: $150.00 Change Due: $0.00 You may check the status of your Spartanburg case at hittp:/Awww.sccourts.org/caseSearch/ Case # Caption Previous Balance Amount Paid Balance Due 2023CP4203583 Danie! Schall VS Kiara Galarza $150.00 $150.00 $0.00 Total Cases: 1 $150.00 $150.00 $0.00 ReceiptSingleCasezpt V6.1