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3AN-22-01404SC Dewalt, Sean vs. Lakeview Loan Servicing LLC JPH

Court Case Details

Case Number: 3AN-22-01404SC
Case Type: Small Claims (3AN)
Case Status: Closed
Action: Small Claim more than $2,500
Case Judge: Hanley, James Patrick
File Date: 21 Nov 2022

Parties

Name Role
Dewalt, Sean Plaintiff
LAKEVIEW LOAN SERVICING, LLC Defendant

Dispositions

Disposition Date Case Judge
Stipulated or Unopposed Dismissal 2023-04-21 Hanley, James Patrick

Receipts

Receipt Number Date Amount
2041782 2022-11-21 $103.00

Financial

Cost Type Amount Owned Amount Paid Amount Adjusted Amount Outstanding
Total $103.00 $103.00 $0.00 $0.00
Not Published Credit Card Convenience Fees $3.00 $3.00 $0.00 $0.00
Filing Fee $100.00 $100.00 $0.00 $0.00

Docket

Date Text
2022-11-21
                                    Small Claims Greater Than $2500  Receipt: 2041782  Date: 11/21/2022
                                
2022-11-21
                                    Summons
                                
2022-11-21
                                    Civil Rule 4  Affidavit of Service by Certified Mail
            Sean Dewalt (Plaintiff);
                                
2022-12-28
                                    Supplemental Small Claims Summons Issued
            Register Agent: Corporation Service Company
            Lakeview Loan Servicing LLC (Defendant)
                                
2022-12-30
                                    Supplemental Small Claims Summons Issued
            Manager: David Ertel
            Lakeview Loan Servicing LLC (Defendant)
                                
2023-01-30
                                    Default Affidavit and Request for Judgment
            Self-Represented (0100001)
            Sean Dewalt (Plaintiff); 
            Filing Party:  Dewalt, Sean
            Case Motion #1
                                
2023-02-02
                                    [CURED ON 02/03/2023] Small Claims Deficiency Memo mailed to Sean Dewalt RE: Proper Proof of Service as required by Civil Rule 5(f).  
            1	You must file an Amended Certificate of Service for your SC-8 Default Affidavit and Request for Judgment. You signed and filed your SC-8 on January 30th, 2023, but you used the date of “1/6/23” as the date of service of the SC-8 Default Application and Request for Judgment. The “1/6/23” date is when the green return receipt was signed. You must give the party you want to default a copy of the SC-8 Default Affidavit and Request for Judgment either by first-class mail or hand-delivery. 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 TF-700 with this deficiency notice.
            
            Small Claims Deficiency Memo (4/21)
            Sent on:  02/02/2023  16:24:48.28
            Sean Dewalt (Plaintiff);
                                
2023-02-02
                                    Entry of Appearance of Brian Riekkola
            Attorney: Riekkola, Brian J (1406062)
            Lakeview Loan Servicing LLC (Defendant);
                                
2023-02-02
                                    Attorney Information
            Attorney Riekkola, Brian J representing Defendant Lakeview Loan Servicing LLC as of 02/02/2023
                                
2023-02-03
                                    Amended Certificate of Service (linked to motion #1)
            Sean Dewalt (Plaintiff);
            Case Motion #1: Default Affidavit and Request for Judgment
                                
2023-02-14
                                    Motion for Extension of Time {to File Answer} [until 03/13/2023]
            Attorney: Riekkola, Brian J (1406062)
            Lakeview Loan Servicing LLC (Defendant); 
            Filing Party:  Lakeview Loan Servicing LLC
            Case Motion #2
                                
2023-03-08
                                    Notice of Settlement
            Attorney: Riekkola, Brian J (1406062)
            Lakeview Loan Servicing LLC (Defendant);
                                
2023-04-21
                                    Stipulation for Dismissal With Prejudice (Not in Motion Tracking)
            Attorney: Riekkola, Brian J (1406062)
            Attorney: Self-Represented (0100001)
            Sean Dewalt (Plaintiff); Lakeview Loan Servicing LLC (Defendant);
                                
2023-04-21
                                    Motion Deemed Moot
             
                  Lakeview Loan Servicing LLC
             
            Case Motion #2
            Motion for Extension of Time {to File Answer} [until 03/13/2023]
                                
2023-04-21
                                    Motion Deemed Moot
             
                  Dewalt, Sean
             
            Case Motion #1
            Default Affidavit and Request for Judgment
                                
2023-04-21
                                    Dismissed by Stipulation or Unopposed Motion
                                
2022-12-23
                                    (CURED 12-28-2022) - Small Claims Deficiency Memo mailed to Sean Dewalt RE: DOCUMENTS RETURNED: Default Application for Lack of proper Civil Rule 4 Service (& also incorrect forms used).
            1	Service not completed per Civil Rule 4. 
            Service by certified mail must be restricted delivery to the “Addressee Only” and “Return Receipt Requested.” You must put the name of the Registered Agent or Managing Member on the certified mail card. If you don’t know, you need to check the Department of Commerce, Community, and Economic Development website:  www.commerce.alaska.gov/cbp/main/ 
            Please also see CIV-106 “How To Serve A Summons In A Civil Lawsuit” on the Alaska Court System website. https://public.courts.alaska.gov/web/forms/docs/civ-106.pdf 
            
            2	Incorrect forms used.
            This is a Small Claims case and you used Civil forms. After Civil Rule 4 Service is properly completed and when the appropriate timeframe has passed, you may then file the Default Application on a SC-8 form. Do not file a Default Application until you’ve filed proper proof of Civil Rule 4 Service.
            
            Small Claims Deficiency Memo (4/21)
            Sent on:  12/23/2022  09:01:05.48
            Sean Dewalt (Plaintiff);