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3AN-21-04563CI Hope Community Resources Inc vs. Erkins, John et al DAN

Court Case Details

Case Number: 3AN-21-04563CI
Case Type: Eviction District Court (3AN)
Case Status: Closed
Action: Eviction - District Court (may include rent and damages)
Case Judge: Nesbett, David A
File Date: 16 Feb 2021

Parties

Name Role
HOPE COMMUNITY RESOURCES, INC. Plaintiff
Erkins, John Defendant
Erkins, Kim Defendant

Dispositions

Disposition Date Case Judge
Pend Claims Dism Lack of Prosecution -CR41e/DCR17f 2021-09-23 Nesbett, David A

Receipts

Receipt Number Date Amount
1822393 2021-02-16 $154.50

Events

Date Location Type Result Event Judge
2021-02-24 Courtroom 27, Boney Courthouse Eviction Hearing District Court Hearing Held Logue, Michael B

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $154.50 $154.50 $0.00 $0.00
Not Published Credit Card Convenience Fees $4.50 $4.50 $0.00 $0.00
Filing Fee $150.00 $150.00 $0.00 $0.00

Docket

Date Text
2021-02-16
                                    Initial Judicial Assignment: Honorable David Nesbett
                                
2021-02-16
                                    Complaint for Eviction  Receipt: 1822393  Date: 02/16/2021
                                
2021-02-16
                                    Notice to Quit
                                
2021-02-16
                                    Summons and Notice to Both Parties of Judicial Assignment
                                
2021-02-16
                                    Attorney Information
            Attorney Broadwell, Michael S representing  Plaintiff(s) Hope Community Resources Inc as of 02/16/2021
            Hope Community Resources Inc (Plaintiff); ; Michael S Broadwell (Attorney) on behalf of Hope Community Resources Inc (Plaintiff)
                                
2021-02-18
                                    Return of Service - Summons Served On:
            John Erkins (Defendant);
                                
2021-02-18
                                    Return of Service - Summons Served On:
            Kim Erkins (Defendant);
                                
2021-02-24
                                    Partial Judgment for Possession and Costs
            Eviction Date: 02/28/21 @ 6:00 Pm
            Amount Due: $0.00
            Post Judgment Interest Rate: 3.25 percent
                                
2021-02-24
                                    Writ of Assistance Issued
                                
2021-02-25
                                    Motion for Hearing
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #1
                                
2021-03-01
                                    Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #2
                                
2021-03-01
                                    Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property (linked to motion #2)
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
            Case Motion #2: Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property
                                
2021-03-02
                                    Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property (linked to motion #2) [Partial cure of Deficiency Notice: Signatures now on Certificate of Service; Motion now states the attorney was served; Affidavit still not notarized nor is there a TF-835 form]
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
            Case Motion #2: Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property
                                
2021-03-02
                                    [Proposed] Order on Motion for Hearing (Linked to Motion #1)
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
            Case Motion #1: Motion for Hearing
                                
2021-03-02
                                    Motion to Change Writ of Assistance Date for Possession of Property [underlying motion filed to cure deficiency]
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #3
                                
2021-03-02
                                    Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property (linked to motion #2) [filed to cure deficiency. Affidavit is now notarized and an underlying motion was filed (see motion #3)]
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
            Case Motion #2: Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property
                                
2021-03-02
                                    Self-Certification (No Notary Available) [x2]
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
                                
2021-03-05
                                    Partial Opposition to Motion to Change Writ of Assistance Date for Possession of Property
            Michael S Broadwell (Attorney) on behalf of Hope Community Resources Inc (Plaintiff)
            Case Motion #3: Motion to Change Writ of Assistance Date for Possession of Property [underlying motion filed to cure deficiency]
                                
2021-03-09
                                    Order Granting Motion in Part; Granted until 3/14/2021 but denied until 3/28/2021 
            Judge Michael Logue
             
                  Erkins, John
             
            Case Motion #3
            Motion to Change Writ of Assistance Date for Possession of Property [underlying motion filed to cure deficiency]
                                
2021-03-11
                                    Motion to Change Writ of Assistance Date for Possession of Property Until 4-30-2021
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #4
                                
2021-03-11
                                    Motion for Expedited Consideration of: Motion to Change Writ of Assistance Date for Possession of Property Until 4-30-2021
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #5
                                
2021-03-11
                                    Self-Certification (No Notary Available)
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant);
                                
2021-03-12
                                    Order Denying Motion for Hearing 
            Judge Michael Logue 
             
                  Erkins, John
             
            Case Motion #1
            Motion for Hearing
                                
2021-03-12
                                    Order Denying Motion to Change Writ 
            Judge Michael Logue
             
                  Erkins, John
             
            Case Motion #4
            Motion to Change Writ of Assistance Date for Possession of Property Until 4-30-2021
                                
2021-03-12
                                    Order Denying Motion for Expedited Consideration 
            Judge Michael Logue
             
                  Erkins, John
             
            Case Motion #5
            Motion for Expedited Consideration of: Motion to Change Writ of Assistance Date for Possession of Property Until 4-30-2021
                                
2021-03-12
                                    Proposed Order Not Used
             
                  Erkins, John
             
            Case Motion #2
            Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property
                                
2021-03-15
                                    Motion to Change Writ of Assistance Date for Possession of Property Until 3-28-2021
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #6
                                
2021-03-15
                                    Motion for Expedited Consideration of: Motion to Change Writ of Assistance Date for Possession of Property Until 3-28-2021
            Self-Represented (0100001)
            John Erkins (Defendant); Kim Erkins (Defendant); 
            Filing Party:  Erkins, John; Erkins, Kim
            Case Motion #7
                                
2021-03-16
                                    Civil Deficiency Memo mailed re:
            1. Lacks Notarized Signatures on your Affidavits filed on March 15th, 2021. 
            You did not have your signature notarized on your Affidavit. You must sign in front of a notary or court clerk. Or, in the alternative, fill out and file the Self-Certification (No Notary Available) TF-835 form. If you file an Affidavit with the court, you must have it either notarized or have a Self-Certification TF-835 form filed with the Affidavit every time.  The previously-filed TF-835 forms do not cover your newly-filed Affidavits. 
            *I’ve included blank TF-835 forms for your convenience.
            
            Civil Deficiency Memo (8/18)
            Sent on:  03/16/2021  09:35:50.46
            John Erkins (Defendant); Kim Erkins (Defendant);
                                
2021-03-16
                                    Order Denying Motion to Change Writ 
            Judge Michael Logue 
             
                  Erkins, John
             
            Case Motion #6
            Motion to Change Writ of Assistance Date for Possession of Property Until 3-28-2021
                                
2021-03-16
                                    Order Denying Motion for Expedited Consideration 
            Judge Michael Logue 
             
                  Erkins, John
             
            Case Motion #7
            Motion for Expedited Consideration of: Motion to Change Writ of Assistance Date for Possession of Property Until 3-28-2021
                                
2021-06-29
                                    Served - Return of Service on Writ of Assistance
            John Erkins (Defendant);
                                
2021-09-23
                                    Order of Dismissal
            
            Order of Dismissal (F.E.D) (4/13)
            Sent on:  09/23/2021  13:58:49.28
                                
2021-09-23
                                    Pending Claims Dismissed for Lack of Prosecution
                                
2021-03-01
                                    {CURED ON 03/02/2021}Notice of Deficient Filing(s) mailed RE: Your Motion for Hearing, filed on 02/25/2021.
            1	Proposed Order as required by Civil Rule 77.  {CURED ON 03/02/2021}
            	*I’ve included a blank Proposed Order form for your convenience. 
            
            2	Proper Proof of Service as required by Civil Rule 5(f). {CURED ON 03/02/2021}
            	You served the Plaintiff instead of the Plaintiff’s attorney, Michael Broadwell. Please serve attorney Michael Broadwell and file a completed Certificate of Service form. 
            You must give the other side in the case copies of every document you file in court. This is called “service.” You must fill out the certificate of service section on the form or file a separate certificate of service form listing: the documents served (title of documents), who you served (name & address), when (date) and how (mailed/hand-delivered) you provided copies to the other side in the case, and it must also be signed and dated in addition to the signature on your pleadings/filings. You may use the court’s Certificate of Service form (TF-700) available online at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf.
            *I’ve included a blank Certificate of Service form for your convenience.   
            
            Notice of Deficient Filing (Anchorage) (10/18)
            Sent on:  03/01/2021  15:32:59.52
            John Erkins (Defendant); Kim Erkins (Defendant);
                                
2021-03-02
                                    {CURED ON 03/02/2021} Notice of Deficient Filing(s) mailed RE: Your Motion for Expedited Consideration of Motion to Change Writ of Assistance Date for Possession of Property, filed on 03/01/2021.
            1	Proper Proof of Service as required by Civil Rule 5(f). {CURED ON 03/02/2021}
            You served the Plaintiff instead of the Plaintiff’s attorney, Michael Broadwell. Please serve attorney Michael Broadwell and file a completed Certificate of Service form. You must give the other side in the case copies of every document you file in court. This is called “service.” You must fill out the certificate of service section on the form or file a separate certificate of service form listing: the documents served (title of documents), who you served (name & address), when (date) and how (mailed/hand-delivered) you provided copies to the other side in the case, and it must also be signed and dated in addition to the signature on your pleadings/filings. You may use the court’s Certificate of Service form (TF-700) available online at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf.
            *I’ve included a blank Certificate of Service form for your convenience.   
            2	Lacks Notarized Signature.  {CURED ON 03/02/2021}
            You did not have your signature notarized on your Affidavit. You must sign in front of a notary or court clerk. Or, in the alternative, fill out and file the Self-Certification (No Notary Available) TF-835 form. If you are in a community where the court is located, bring the unsigned document and your ID to the court, and the clerk can notarize your signature.
            *I’ve included a blank TF-835 form for your convenience.
            3	CIVIL RULE 77(g):   {CURED ON 03/02/2021}
            An underlying motion must be filed with expedited motions.
            
            Notice of Deficient Filing (Anchorage) (10/18)
            Sent on:  03/02/2021  09:10:45.40
            John Erkins (Defendant); Kim Erkins (Defendant);