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3AN-05-13050CI Alaska National Insurance Company vs. Westmark Homes LLC et al JWS

Court Case Details

Case Number: 3AN-05-13050CI
Case Type: Civil District Court (3AN)
Case Status: Closed
Action: Debt Collection
Case Judge: Smith, Jack W
File Date: 08 Nov 2005

Parties

Name Role
Alaska National Insurance Company Plaintiff
WESTMARK HOMES LLC Defendant
Developer's Surety & Insurance Company Defendant
Accredited Surety & Casualty Company Inc Defendant
Developers Surety & Indemnity Company as Surety Third-Party Plaintiff
Ebenbeck, Rudolf Third-Party Defendant
Ebenbeck, Sabine Third-Party Defendant

Dispositions

Disposition Date Case Judge
Default Judgment for Plaintiff by Clerk 2006-06-19 Smith, Jack W

Receipts

Receipt Number Date Amount
126800 2005-11-08 $90.00

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $90.00 $90.00 $0.00 $0.00
Filing Fee $90.00 $90.00 $0.00 $0.00

Docket

Date Text
Nov 08 2005
District Court Debt Complaint
            Westmark Homes LLC (Defendant);  Receipt: 126800  Date: 11/08/2005
Nov 08 2005
Summons Issued
Nov 08 2005
Case flagged for Civil Rule 4(j) tracking (3AN)
            Westmark Homes LLC (Defendant); Developer's Surety & Insurance Company, Bond #552574C (Defendant); Accredited Surety & Casualty Company Inc, Bond #11023692 (Defendant);
Nov 08 2005
Attorney Information
            Attorney Melchert, Mark P representing Plaintiff Alaska National Insurance Company as of 11/08/2005
            Alaska National Insurance Company (Plaintiff);
Dec 01 2005
Attorney Information
            Attorney Evans, Charles G representing Defendant Accredited Surety & Casualty Company Inc as of 12/01/2005
Dec 01 2005
Attorney Information
            Attorney Evans, Charles G representing Defendant Developer's Surety & Insurance Company as of 12/01/2005
Feb 13 2006
Answer, Cross Claim and Third-Party Complaint
            Charles G Evans (Attorney) on behalf of Developer's Surety & Insurance Company (Defendant)
Feb 13 2006
Summons Issued
            Sabine Ebenbeck (Third-Party Defendant);
Feb 13 2006
Summons Issued
            Rudolf Ebenbeck (Third-Party Defendant);
Feb 13 2006
Answer, Cross Claim and Third-Party Complaint
            Charles G Evans (Attorney) on behalf of Developer's Surety & Insurance Company (Defendant)
Feb 14 2006
Notice of Service on Commissioner
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
Mar 17 2006
Civil Rule 4(f) Affidavit
Mar 30 2006
Application for Default
            Charles G Evans (Attorney) on behalf of Accredited Surety & Casualty Company Inc (Defendant)
May 03 2006
Civil Deficiency Memo mailed re: Lacks service on registered agent for Westmark Homes, LLC
            Civil Deficiency Memo
            Sent on:  05/03/2006  15:08:19
            Attorney: Evans, Charles G (7705019)
Jun 19 2006
Entry of Default Granted as to Defts Westmark Homes, LLC., Rudolf Ebenbeck and Sabine Ebenbeck
            Developers Surety & Indemnity Company as Surety (Third-Party Plaintiff);
Jun 19 2006
Default Judgment for Plaintiff Granted by Clerk
Sep 01 2006
Notice of Change of Address of Attorney
            Attorney: Evans, Charles G (7705019)
            Developer's Surety & Insurance Company (Defendant); Accredited Surety & Casualty Company Inc (Defendant);
Oct 13 2006
Application for Default
            Charles G Evans (Attorney) on behalf of Accredited Surety & Casualty Company Inc (Defendant)
Oct 23 2006
Entry of Default Granted Against: Westmark Homes LLC, Rudolf Ebenbeck
            Accredited Surety & Casualty Company Inc, Bond #11023692 (Defendant);
Feb 26 2007
Stipulation Dismissal as to Developers Surety , Accredited Surety, Bond #11023692
            Attorney: Melchert, Mark P (9212123)
            Alaska National Insurance Company (Plaintiff); Accredited Surety & Casualty Company Inc, Bond #11023692 (Defendant); Developers Surety & Indemnity Company as Surety (Third-Party Plaintiff);
            Case Motion #1
Feb 28 2007
Order Granting Stipulation Dismissal as to Developers Surety , Accredited Surety, Bond #11023692
            Case Motion #1: Stipulation
Mar 07 2007
Application for Default
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
Mar 07 2007
Notice of Dismissal by Plaintiff Before Answer of the Fifth Cause of Action and Paragraphs 1 and 2 of Prayer for Relief in Plaintiff's Original Complaint
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
Mar 09 2007
Entry of Default Granted Against: Westmark Homes LLC
            Alaska National Insurance Company (Plaintiff);
Apr 25 2007
Motion for Default Judgment Ci Rl 54(b)
            Attorney: Melchert, Mark P (9212123)
            Alaska National Insurance Company (Plaintiff);
            Case Motion #2
May 02 2007
Order Granting Motion for Default Judgment
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
            Case Motion #2: Ex Parte Motion
May 04 2007
Judgment Entered
             
            Judgment Amount:             15,054.00 
            Pre-Judgment Interest:      3,406.66 
            Attorney Fees:                      1,927.94 
            Court Costs:                            376.32 
            Other Fees:                            1,068.00 
            Judgment Total:                   21,832.92 
            
            Terms: POST JUDGMENT INTEREST RATE 9.25% 
            
            Judgment Type: Default Judgment 
            Judge: Clerk, Anchorage Court 
            Judgment Date: 05/04/2007 
             
            Judgment For: Alaska National Insurance Company - Plaintiff 
             
            Judgment Against: Westmark Homes LLC - Defendant 
             
            Judgment Balance:                         21,832.92 
            Case Total:                                     21,832.92 
            Case Balance:                                21,832.92
May 15 2007
Returned Mail
            Rudolf Ebenbeck (Third-Party Defendant);
Jun 01 2007
Information for Writ of Execution
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
Jun 01 2007
Creditor's Affidavit
            Mark P Melchert (Attorney) on behalf of Alaska National Insurance Company (Plaintiff)
Jul 11 2007
Writ of Execution (CIV-500) Issued
Aug 15 2007
Return of Service on Execution - No Funds Received - North Country
            Costs: $100.00
Sep 30 2009
Full Return of Service on Writ of Execution