1650734 Summons - QUT

Summons

Publish February 27, March 6, 13, 2013

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE NO. ____________

Charles E. Towner and Diana L.

Towner, husband and wife; and

Timothy Fearing and Debra Fearing,

husband and wife,

Plaintiffs,

vs.

Della Kimble, a/k/a Della E. Kimble, a/k/a Della A. Kimble, and Nathan W. Kimble, wife and husband; unknown heirs of Joseph C. Meyers, a/k/a J. C. Meyers; unknown heirs of Rosa M. Meyers; unknown heirs of Samuel B. Hardy, a/k/a S. B. Hardy; unknown heirs of Irene Halstead; Sherman Homes, LLC; State of Minnesota; and all of the unknown heirs of any of the above-named defendants that may be deceased; and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein,

Defendants.

THIS SUMMONS IS DIRECTED TO DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiffs have 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:

710 Broadway, P.O. Box 787, 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 Plaintiffs 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 Plaintiffs 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 1 of Section 1, Township 128 North, Range 38 West, Douglas County, Minnesota, and that part of Lot 19 of GLENDOVON, J.C. MEYERS’ ADDITION OF OUTLOTS TO ALEXANDRIA, according to the recorded plat thereof, described as follows:

Beginning at the northwest corner of Lot 19;

thence South 00 degrees 12 minutes 24 seconds West, assumed bearing along the west line of said Lot 19, a distance of 125.51 feet to the north line of the south 10.00 feet of said Lot 19;

thence South 89 degrees 11 minutes 07 seconds East, along said north line of the south 10.00 feet and its easterly extension 208 feet more or less to the shoreline of Lake Darling;

thence northerly, along said shoreline 92 feet more or less to the easterly extension of the north line of said Lot 19;

thence North 80 degrees 26 minutes 46 seconds West, along said extension and along said north line of Lot 19, a distance of 223 feet more or less to the point of beginning, containing 0.53 acres more or less.

The object of this action is to obtain judgment declaring that the Plaintiffs are the owners of the land described above; and that the defendants, and each of them, have no interest or estate in said land, nor lien thereof.

Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.

Dated this 20th day of February, 2013.

SWENSON LERVICK

SYVERSON TROSVIG

JACOBSON SCHULTZ, P.A.

By /s/ Gary I. Syverson

Attorneys for Plaintiffs

710 Broadway, P.O. Box 787

Alexandria, MN 56308

(320) 763-3141

Atty. Registration #108133

1650734

Tags: legals