1609189 Summons - Quiet Title Action

Summons

Publish December 7, 14, 21, 2012

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

DISTRICT COURT

SEVENTH DISTRICT COURT

Court File No.: 21-CV-12-1918

Case Type: Quiet Title Action

Barak Bjorge and Katie Letourneau-Bjorge,

Plaintiffs,

vs.

Francis B. Van Hoesen, Swan Peterson, Robert Bush, Robert J. McNeil, John McStay, J. McStay, Mrs. Johanna McStay, Esther E. Bush, R. J. McNeil, Alice McNeil, George H. Reynolds, Mary J. Reynolds, Alice E. McNeil, Robert McCrory, Adelia C. McCrory, Eliza A. Curtis, E. N. Curtis, Estella Curtis, Edward Noonan, Esther E. Bush, Ida Bush, Katherine M. Noonan, Rudolph Roby, Mary Roby. Charles Roby, Mary K. Roby, Peter M. Roby, Edelyn Roby, Bertha Kraemer, Henry Roby, Ida Paulson, Herbert Roby, Mrs. Ida Roby, Myrtle Roby, Arthur J. Larson, Mildred M. Larson, Arvid R. Mattson, Clara M. Mattson, Mildred M. Anderson f/k/a Mildred M. Larson, W. Roy Fletcher, Helen J. Fletcher, Emil Andersen a/k/a Emil J. Andersen, Clyde R. Dodds a/k/a Clyde Ross Dodds, Eleanor A. Dodds, La Verne Bergner, John C. Movold, Beverly M. Movold, Emil J. Anderson a/k/a Emil J. Andersen, Mildred M. Anderson a/k/a Mildred M. Andersen, Harold J. Ripperger, Ethel D. Ripperger a/k/a Ethel B. Ripperger, Theodore J. Fisher, Alma C. Fisher a/k/a Mr. & Mrs. Theo. J. Fisher, Ronald D. Fisher, A. Harvey Erickson, Cordella B. Erickson, Melvin F. Hesse, Marilyn E. Hesse, George H. Taggart, Margery Taggart, Elvin A. Peterson a/k/a Elvin August Peterson, Lorraine J. Peterson, Alexandria Lake Area Sanitary District, Bobbie S. Ripperger, Gerald C. Christopherson, Carol Christopherson a/k/a Carol M. Christopherson, Gerald C. Christopherson and Carol M. Christopherson as Trustees of the Christopherson Family Living Trust Agreement, John L. Tucker, Phyllis D. Tucker, Ruby Magnuson, Tom B. Bolfing, Lenore J. Bolfing, Timothy M. Bjorge, Amy E. Bjorge, Chester Freeberg, Mabel Freeberg, Robert L. Freeberg, Carolyn A. Freeberg, Arvid R. Mattson, Clara M. Mattson, Loyal J. Hayda, Arlene M. Hayda, County of Douglas, and Jeff Mason, as Personal Representative of the Estate of Eleanor A. Dodds, also the unknown heirs of the above-named Defendants, 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 Plaintiff’s 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:

121 5th Avenue W.

Alexandria, Minnesota 56308

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s 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:

That part of Government Lot 4, Section 30, Township 129 North, Range 37 West, Douglas County, Minnesota, described as follows:

Commencing at the southwest corner of Lot 1, SUNRISE VIEW BEACH, according to the recorded plat thereof;

thence South 86 degrees 40 minutes 00 seconds West, assumed bearing along the westerly extension of the south line of said Lot 1, a distance of 33.10 feet to the center line of C.S.A.H. No. 11;

thence South 02 degrees 52 minutes 00 seconds West 90.00 feet;

thence South 04 degrees 24 minutes 00 seconds West 50.49 feet to the point of beginning of the land to be described;

thence continuing South 04 degrees 24 minutes 00 seconds West 14.84 feet;

thence South 86 degrees 49 minutes 47 seconds East 79 feet more or less to the shoreline of Lake Carlos;

thence northerly along said shoreline 16 feet more or less to a line bearing South 87 degrees 02 minutes 02 seconds East from the point of beginning;

thence North 87 degrees 02 minutes 02 seconds West 84 feet more or less to the point of beginning.

The tract contains 0.03 acres more or less, subject to an existing public roadway easement over westerly portion thereof (C.S.A.H. No 11).

AND

That part of Government Lot 4, Section 30, Township 129 North, Range 37 West, Douglas County, Minnesota, described as follows:

Commencing at the southwest corner of Lot 1, SUNRISE VIEW BEACH, according to the recorded plat thereof;

thence South 86 degrees 40 minutes 00 seconds West, assumed bearing along the westerly extension of the south line of said Lot 1, a distance of 33.10 feet to the center line of C.S.A.H. No. 11;

thence South 02 degrees 52 minutes 00 seconds West 90.00 feet;

thence South 04 degrees 24 minutes 00 seconds West 65.33 feet;

thence South 04 degrees 53 minutes 08 seconds West 39.05 feet to the point of beginning of the land to be described;

thence South 06 degrees 12 minutes 40 seconds West 100.59 feet;

thence North 89 degrees 58 minutes 46 seconds West 238.96 feet;

thence North 00 degrees 05 minutes 24 seconds West 100.05 feet;

thence South 89 degrees 58 minutes 10 seconds East 250.00 feet to the point of beginning.

The tract contains 0.56 acres more or less, subject to an existing public roadway easement over easterly portion thereof (C.S.A.H. No 11).

The object of this action is to quiet title to the real property and determine it is vested in plaintiff in fee simple.

Dated: October 18, 2012

JOELLEN DOEBBERT

ATTORNEY AT LAY

/s/ JoEllen Doebbert (195133)

Attorney for Plaintiffs

121 5th Avenue W., Suite 1

Post Office Box 1175

Alexandria, MN 56308

(320) 763-7838

1609189

Tags: legals