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Summons: Case Type - QUT

Thursday, May 15, 2014 - 6:02pm

Summons

Publish May 2, 9, 16, 2014

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Case No.: 21-CV-14-503

Case Type: QUT

Shirley Maddox; Alan G. Scott; and Nancy Scott,

Plaintiffs,

vs.

Lewis J. Brown; Sarah E. Brown; Anna Luella Ross; Willard H. Indra, aka W. H. Indra; Mildred Indra; Adolph E. Hoff, aka A. E. Hoff; Frances M. Hoff; Pearl Anderson; Betty June Starkey; Donald Hoff; Calvin Hoff; Joseph Starkey; Vickey Burke; David Starkey; Ruth Christine Hoff; LuAnn M. Propp, Trustee of the LeRoy F. Welle and Jean A. Welle Irrevocable Asset Protection Trust dated September 28, 1995; LeRoy F. Welle; Jean A. Welle; Adam S. Negen; Kayla J. Wharton; Mortgage Electronic Registration Systems, Inc.; Primelending, a Plainscapital Company; Bradley L. Capp; W.J. Bradley Mortgage Capital, LLC; JPMorgan Chase Bank, N.A.; Vincent M. Hennen; Joan C. Hennen; U.S. Bank National Association ND; U.S. Bank N.A.; and also the unknown heirs of the Defendants herein and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is on file in the office of the Court Administrator of the above-named Court. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons.

2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:

William J. Leuthner

LEUTHNER & HUETHER, LTD.

218 3rd Avenue East #102

Alexandria, MN 56308

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.

4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.

5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.

6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.

7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Douglas County, State of Minnesota, legally described as follows:

Lots 14 and 16 of AUDITORS PLAT of a part of BLOCK 2 OF BROWNS 2nd ADD. TO 3 HAVENS, according to the recorded plat thereof, said Lots 14 and 16 being a part of Block 2 of L.J. Brown's 2nd Addition To Three Havens, according to the recorded plat thereof, Douglas County, Minnesota, and described as follows:

Commencing at the southeast corner of Section 6, Township 128 North, Range 37 West, Douglas County, Minnesota;

thence North 87 degrees 32 minutes 53 seconds West, assumed bearing, along the south line of said Section 6, a distance of 2416.27 feet;

thence North 02 degrees 27 minutes 07 seconds East 2806.55 feet to the southwest corner of said Lot 16 and this being the point of beginning of the land to be described;

thence North 07 degrees 41 minutes 06 seconds East, along the west line of said Lot 16, a distance of 99.59 feet to the southwest corner of said Lot 14;

thence North 08 degrees 22 minutes 51 seconds East, along the west line of said Lot 14, a distance of 93.81 feet to the north line of said Lot 14;

thence South 83 degrees 50 minutes 19 seconds East, along said north line, 99.61 feet to the east line of said Lot 14;

thence South 08 degrees 27 minutes 02 seconds West, along said east line, 86.96 feet to the south line of said Lot 14;

thence North 87 degrees 45 minutes 50 seconds West, along said south line, 25.01 feet to the east line of said Lot 16;

thence South 08 degrees 22 minutes 18 seconds West, along said east line, 99.76 feet to the south line of said Lot 16;

thence North 87 degrees 43 minutes 37 seconds West, along said south line, 73.79 feet to the point of beginning.

The tract contains 0.38 acre more or less and is subject to easements, reservations or restrictions of record, if any.

TOGETHER WITH AN EASEMENT for access purposes over and across that part of Lot 18 of AUDITORS PLAT of a part of BLOCK 2 OF BROWNS 2nd ADD. TO 3 HAVENS, according to the recorded plat thereof, said Lot 18 being a part of Block 2 of L.J. Brown's 2nd Addition To Three Havens, according to the recorded plat thereof, Douglas County, Minnesota, and described as follows:

Commencing at the southeast corner of Section 6, Township 128 North, Range 37 West, Douglas County, Minnesota;

thence North 87 degrees 32 minutes 53 seconds West, assumed bearing, along the south line of said Section 6, a distance of 2416.27 feet;

thence North 02 degrees 27 minutes 07 seconds East 2806.55 feet to the southwest corner of Lot 16, said AUDITORS PLAT of a part of BLOCK 2 OF BROWNS 2nd ADD. TO 3 HAVENS and this being the point of beginning of said easement to be described;

thence South 87 degrees 43 minutes 37 seconds East, along the south line of said Lot 16 and along the south line of Lot 17, said AUDITORS PLAT of a part of BLOCK 2 OF BROWNS 2nd ADD. TO 3 HAVENS and along the north line of said Lot 18, a distance of 196.77 feet to the east line of said Lot 18;

thence South 09 degrees 09 minutes 15 seconds West, along said east line, 20 feet to the south line of said Lot 18;

thence North 87 degrees 43 minutes 37 seconds West, along said south line, 196.26 feet;

thence North 07 degrees 41 minutes 06 seconds East 19.95 feet to the point of beginning.

The object of this action is to obtain the judgment of said Court determining the Plaintiffs' title and all adverse claims to the above-described tract of land, adjudging that the Plaintiffs are the owners in fee simple absolute and entitled to possession of said tract of land and the whole thereof, adjudging that the Defendants in said action and each of them have no right, title, claim or estate in or to said tract of land or lien thereon and adjudging such other relief as the Court shall deem proper.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the defendants.

Dated: April 7, 2014

LEUTHNER & HUETHER, LTD.

/s/ William J. Leuthner, #62467

Attorney for Plaintiffs

218 3rd Avenue East, Suite 102

Alexandria, MN 56308

(320) 762-0259

1913318


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