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Case Information

Filed 2023-06-28
Type Cc Pers Injury Other
Docket 90 entries
Disposition dismiss

Parties

Plaintiff Brant, E.b.
Defendant Storts, David|Schenewerk, Russell|Higgins, Chaste Samuel|Storts, Anita|Schenewerk, Russell|Higgins, Chaste Samuel|Indian Point Family Fun Park Llc|Schenewerk, Russell|Higgins, Chaste Samuel
Photo of Hon. Blankenship Alan Mark

Judge

Hon. Blankenship Alan Mark

Barry County (MO)

Missouri

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Lawyers

Docket Entries

  1. Notice Notice of Entry regarding dismissal.
  2. Dismiss by Ct w/ Prejudice Case dismissed with prejudice
  3. Case Review Held Case is hereby dismissed. So Ordered /s/ Alan Blankenship. Filed By: ALAN MARK BLANKENSHIP Associated Entries: 06/04/2024 - Case Review Scheduled + Scheduled For: 07/02/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  4. Judge/Clerk - Note Motion sent to Judge for review.
  5. Motion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  6. Notice Notice of Entry regarding Case Review.
  7. Case Review Scheduled Case review-No appearances. Associated Entries: 07/02/2024 - Case Review Held + Scheduled For: 07/02/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  8. Case Review Held Case is passed for review on 07/02/24 at 9 am. So Ordered, Judge Alan Blankenship, 06/04/2024. Filed By: ALAN MARK BLANKENSHIP Associated Entries: 05/07/2024 - Case Review Scheduled + Scheduled For: 06/04/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  9. Case Review Scheduled Case Review-No appearances Associated Entries: 06/04/2024 - Case Review Held + Scheduled For: 06/04/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  10. Case Mgmt Conf Held Court is advised the case is settled. Case set for review on 06/04/24 at 9 am. So Ordered, Judge Alan Blankenship, 05/07/2024.
  11. Motion Denied Motion for Summary Judgment denied. Associated Entries: 01/10/2024 - Motion to Reconsider +
  12. Motion Granted/Sustained Motion to Withdraw. Associated Entries: 12/01/2023 - Motion for Leave +
  13. Civil Motion Hearing Held Parties appear by counsel. Motion to withdraw is granted. Counsel make arguments related to motion to reconsider. The motion for summary judgment denied by the court was based on the validity of a waiver of liability signed by a parent for a minor child. The motion was denied because the court found the waiver was not valid related to the claims brought. The court also noted all remaining issues related to liability and damages should be submitted for trial. The court further orders the parties submit to mediation with the costs of same shared. Case is set for case management continuance on 05-07-24 at 9:00 am. So Ordered, Circuit Judge Alan Blankenship Associated Entries: 01/24/2024 - Civil Motion Hearing Scheduled + Scheduled For: 03/05/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  14. Hearing/Trial Cancelled PER AMMENDED NOTICE THIS DATE IS CANCELLED Associated Entries: 01/24/2024 - Civil Motion Hearing Scheduled + Scheduled For: 02/06/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  15. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet for Third Amended Notice of Hearing; Electronic Filing Certificate of Service in associated to Hearing - Amended filed on 02/02/2024. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 02/02/2024 - Amended Notice of Hrng Filed +
  16. Amended Notice of Hrng Filed Redacted Third Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 02/02/2024 - CRIFS/Unredacted Document +
  17. Civil Motion Hearing Scheduled Mtn to Reconsider Dft Motion for Summary JudgmentEvent Text: Mtn to Reconsider Dft Motion for Summary Judgment/Motion to Withdraw; Associated Entries: 03/05/2024 - Civil Motion Hearing Held + Scheduled For: 03/05/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  18. Civil Motion Hearing Scheduled Motion for Leave to Withdraw Associated Entries: 02/02/2024 - Hearing/Trial Cancelled + Scheduled For: 02/06/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  19. Amended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  20. Amended Notice of Hrng Filed Second Amended Notice of Hearing on Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  21. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet for Entry of Appearance; Electronic Filing Certificate of Service in associated to Entry of Appearance filed on 01/16/2024. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 01/16/2024 - Entry of Appearance Filed +
  22. Entry of Appearance Filed Redacted Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 01/16/2024 - CRIFS/Unredacted Document +
  23. Amended Notice of Hrng Filed Amended Notice of Hearing - Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  24. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  25. Motion to Reconsider Defendants Motion to Reconsider Defendants Motion for Summary Judgment of Plaintiffs Petition, or in the Alternative, for Hearing Pursuant to Rule 74.04d; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC Associated Entries: 03/05/2024 - Motion Denied +
  26. Order - Denied Order Denying Defendants' Motion for Summary Judgment on Plaintiff's Petition. Filed By: ALAN MARK BLANKENSHIP
  27. Motion Denied Associated Entries: 10/30/2023 - Motion for Summary Judgment +
  28. Case Review Held Order denying Motion for Summary Judgment entered. So Ordered, Circuit Judge Alan Blankenship. Associated Entries: 12/18/2023 - Case Review Scheduled + Scheduled For: 01/03/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  29. Judge/Clerk - Note Both Proposed Orders sent to Judge for review.
  30. Proposed Order Filed Proposed Summary Judgment; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  31. Proposed Order Filed Proposed Order Denying Defendants Motion for Summary Judgment on Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  32. Case Review Scheduled Court Review, no appearances. Associated Entries: 01/03/2024 - Case Review Held + Scheduled For: 01/03/2024; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  33. Civil Motion Hearing Held Parties appear by counsel. Motion for Summary Judgment is argued. Counsel for each party to provide a proposed ruling within 14 days. Case is set for court review (no appearances) on 1/3/2023. So Ordered, Judge Alan Blankenship. Associated Entries: 12/11/2023 - Civil Motion Hearing Scheduled + Scheduled For: 12/14/2023; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  34. Correspondence Filed Cases for Judge Blankenships Review; Alack v. Vic Tanney Intern, of Missouri, Inc., 923 S.W.2d 330 1996; Ferbet v. Hidden Valley Golf and Ski, Inc., 618 S.W.3d 596 2020; Y.W. By and Through Smith v. National Super Markets, Inc., 876 S.W.2d 785 1994; Electronic Filing Certificate of Service. Filed By: JOSEPH IAN EASTER On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  35. Civil Motion Hearing Scheduled Motion for Summary Judgment Associated Entries: 12/14/2023 - Civil Motion Hearing Held + Scheduled For: 12/14/2023; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  36. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  37. Reply Defendants Reply Memorandum of Law in Support of Their Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  38. Response Filed Defendants Response to Plaintiffs Statement of Additional Material Facts; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  39. CRIFS/Unredacted Document Confidential Information Filing Sheet for Motion for Leave to Withdraw as Counsel; Electronic Filing Certificate of Service in associated to Leave filed on 12/01/2023. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  40. Notice of Hearing Filed Notice of Hearing - Motion for Leave to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  41. Proposed Order Filed Proposed Order Granting Leave to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  42. Motion for Leave Redacted Motion for Leave to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 03/05/2024 - Motion Granted/Sustained +
  43. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet and Unredacted Exhibit 4; Electronic Filing Certificate of Service in associated to Response (other) filed on 11/29/2023. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/29/2023 - Response Filed +
  44. Suggestions in Opposition Plaintiffs Suggestions in Opposition to Defendants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  45. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet and Unredacted Exhibit 5; Electronic Filing Certificate of Service in associated to Response (other) filed on 11/29/2023. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/29/2023 - Response Filed +
  46. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet and Unredacted Exhibit 3; Electronic Filing Certificate of Service in associated to Response (other) filed on 11/29/2023. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/29/2023 - Response Filed +
  47. Response Filed Plaintiffs Response to Defendants Motion for Summary Judgment and Statement of Uncontroverted Facts; Exhibit 1; Exhibit 2; Exhibit 3 - Redacted; Exhibit 4 - Redacted; Exhibit 5 - Redacted; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/29/2023 - CRIFS/Unredacted Document + Associated Entries: 11/29/2023 - CRIFS/Unredacted Document + Associated Entries: 11/29/2023 - CRIFS/Unredacted Document +
  48. Motion to Strike Plaintiffs Combined Motion to Strike and Reply to Defendants Affirmative Defenses; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  49. Request for Jury Trial Filed DEMAND FOR JURY TRIAL FILED IN PLTS REPLY AND ANSWER TO COUNTERCLAIM Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner
  50. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet and Unredacted Exhibit 2; Electronic Filing Certificate of Service in associated to Answer (other) filed on 11/20/2023. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/20/2023 - Answer Filed +
  51. Answer Filed Plaintiffs Reply and Answer to Defendants Counterclaim; Exhibit 1; Exhibit 2 - redacted; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend Associated Entries: 11/20/2023 - CRIFS/Unredacted Document +
  52. Entry of Appearance Filed Entry of Appearance - Joe Easter, Co-counsel for Plaintiff; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  53. Memo of Law in Suppt of Filed Defendants Memorandum of Law in Support of Defendants Motion for Summary Judgment; Exhibit A- Plaintiffs Petition; Exhibit C- Contract; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  54. Stmnt Uncon/Mater Facts Filed Defendants Statement of Uncontroverted and Material Facts; Exhibit A- Plaintiffs Petition; Exhibit B- Defendants Amended Answer to Plaintiffs Petition and Defendants Counterclaim; Exhibit C- Contract; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  55. Motion for Summary Judgment Defendants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC Associated Entries: 01/03/2024 - Motion Denied
  56. Civil Motion Hearing Held Motion to Amend Answer and file Counterclaim is granted. Amended Answer and Counterclaim shall be filed within 20 days. So Ordered, Circuit Judge Alan Blankenship. Associated Entries: 10/04/2023 - Civil Motion Hearing Scheduled + Scheduled For: 10/20/2023; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  57. Civil Motion Hearing Scheduled MOTION TO AMEND ANSWER AND FILE COUNTERCLAIM Associated Entries: 10/20/2023 - Civil Motion Hearing Held + Scheduled For: 10/20/2023; 9:00 AM; ALAN MARK BLANKENSHIP; Stone
  58. Amended Notice of Hrng Filed Amended Notice of Hearing on their Motion to Amend Answer and for Leave of Court to File Counterclaim; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  59. Certificate of Service Certificate of Service for Discovery Responses; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  60. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  61. Other Proposed Document Filed PROPOSED AMENDED ANSWER - Defendants Amended Answer and Counterclaim; Exhibit A; Electronic Filing Certificate of Service. On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  62. Mot for Leave to File Out/Time Motion to Amend Answer and for Leave of Court to File Counterclaim; Electronic Filing Certificate of Service. On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  63. Cert Serv Req Prod Docs Things Certificate of Service of Plaintiffs First Interrogatories and Request for Production of Documents to Defendants David and Anita Storts; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  64. Cert Serv Req Prod Docs Things Certificate of Service of Plaintiffs First Interrogatories and Request for Product of Documents to Defendant Indian Point Family Fun Park; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: Minor Plaintiff/Petitioner, Next Friend
  65. Cert Serv Req Prod Docs Things Certificate of Service of Plaintiffs First Objections and Responses to Dfts First Interrogatories, Request for Production and Request for Admissions; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  66. Motion to Strike Plaintiffs Combined Motion to Strike and Reply to Defendants Affirmative Defenses; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  67. Notice of Service Service Return - Indian Point Family Fun Park LLC 23-SMCC-461; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  68. Notice of Service Service Return - Anita Storts 23-SMCC-458; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  69. Notice of Service Service Return - David Storts 23-SMCC-457; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  70. Entry of Appearance Filed Entry of Appearance Cheryl Hom and Joseph Easter on behalf of Plaintiff; Electronic Filing Certificate of Service. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  71. Agent Served Document ID - 23-SMCC-458; Served To - ANITASTORTS; Server - SEAJOE; Served Date - 07/06/2023; Served Time - 11:27:00; Service Type - SP; Reason Description - SERV; Service Text -Acceptance of Service by Registered Agent, Russ Schenerwerk
  72. Agent Served Document ID - 23-SMCC-461; Served To - INDIAN POINT FAMILY FUN PARK LLC; Server - SEATON, JOE ; Served Date - 07/06/2023; Served Time - 11:27:00; Service Type - SP; Reason Description - SERV; Service Text -Acceptance of Service by Registered Agent, Russ Schenerwerk
  73. Agent Served Document ID - 23-SMCC-457; Served To - DAVIDSTORTS; Server - SEATON, JOE ; Served Date - 07/06/2023; Served Time - 11:27:00; Service Type - SP; Reason Description - SERV; Service Text -Acceptance of Service by Registered Agent, Russ Schenerwerk
  74. Certificate of Service Defendant's Certificate of Service for Discovery Requests; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  75. CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet; Electronic Filing Certificate of Service in associated to Filing Info Sheet eFiling filed on 06/28/2023. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  76. Answer Filed Defendants Answer to Plaintiffs Petition; Exhibit A; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS, ANITA STORTS, INDIAN POINT FAMILY FUN PARK LLC
  77. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: INDIAN POINT FAMILY FUN PARK LLC
  78. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: RUSSELL SCHENEWERK On Behalf Of: DAVID STORTS
  79. Entry of Appearance Filed Entry of Appearance of Russ Schenewerk on behalf of Defendant; Electronic Filing Certificate of Service. On Behalf Of: ANITA STORTS
  80. Summons Issued-Circuit Document ID: 23-SMCC-461, for INDIAN POINT FAMILY FUN PARK LLC. SUMMONS ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE NET AND ATTACH COPY OF PETITION FOR SERVICE BY PROCESS SERVER.
  81. Summons Issued-Circuit Document ID: 23-SMCC-458, for STORTS, ANITA. SUMMONS ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE NET AND ATTACH COPY OF PETITION FOR SERVICE BY PROCESS SERVER.
  82. Summons Issued-Circuit Document ID: 23-SMCC-457, for STORTS, DAVID. SUMMONS ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE NET AND ATTACH COPY OF PETITION FOR SERVICE BY PROCESS SERVER.
  83. Order - Special Process Server Associated Entries: 06/28/2023 - Motion Special Process Server + Associated Entries: 06/28/2023 - Proposed Order Filed +
  84. Proposed Order Filed Proposed Order Appointing Next Friend of Minor E.B.. Filed By: CHERYL PRICE HOM On Behalf Of: E.B. BRANT, RYAN BRANT
  85. Motion to Appoint Next Friend Application for Appointment of Next Friend and Consent to Act as Next Friend. Filed By: CHERYL PRICE HOM
  86. Proposed Order Filed Proposed Order to Appoint Special Process Server. Filed By: CHERYL PRICE HOM Associated Entries: 06/30/2023 - Order - Special Process Server
  87. Motion Special Process Server Motion for Approval and Appointment of Special Process Server. Filed By: CHERYL PRICE HOM Associated Entries: 06/30/2023 - Order - Special Process Server
  88. Pet Filed in Circuit Ct Petition. Filed By: CHERYL PRICE HOM
  89. Filing Info Sheet eFiling Filed By: CHERYL PRICE HOM

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