1660580 Summons - QUT

Summons

Publish March 13, 20, 27, 2013

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE NO. 21-CV-13-195

William R. Malvin and Barbara A. Malvin, husband and wife,

Plaintiffs,

vs.

The St. Paul and Sault Ste. Marie Railway Company; Minneapolis, St. Paul & Sault Ste. Marie Railway Company; Minneapolis, St. Paul & Sault Ste. Marie Railroad Company; Soo Line Railroad Company; Daniel Hagan, a/k/a Daniel Hagen, and Ellen F. Hagan, a/k/a Ellen Hagan, husband and wife; Frits P. Larsen and Florence A. Larsen, husband and wife; Lindalee M. Boehler; Kenneth Lundstrom; City of Carlos; 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 the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 14, Township 129 North, Range 37 West, Douglas County, Minnesota, described as follows:

Commencing at the southeast corner of said Section 14;

thence South 90 degrees 00 minutes 00 seconds West, assumed bearing along the south line of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 14, a distance of 33.00 feet to the west line of the East 33.00 feet of said Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), said point being the point of beginning of the land to be described;

thence North 00 degrees 39 minutes 57 seconds West, along said West line of the East 33.00 feet of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of 170.00 feet;

thence North 90 degrees 00 minutes 00 seconds West, parallel with said south line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of 177.09 feet to a point on the easterly right-of-way line of the Soo Line Railroad, said point also being on a 3869.83 foot radius curve, which center of circle bears North 72 degrees 56 minutes 50 seconds West from said point;

thence southerly, along said easterly right-of-way line and along said curve, central angle 01 degrees 10 minutes 53 seconds, 79.80 feet;

thence South 18 degrees 14 minutes 03 seconds West, along said easterly right-of-way line and along tangent, 98.81 feet to the said south line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4);

thence South 90 degrees 00 minutes 00 seconds East, along said south line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4), a distance of 234.21 feet to the point of beginning, containing .80 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, except as otherwise stated in the Complaint, nor lien thereon.

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

Dated this 8th day of March, 2013.

SWENSON LERVICK

SYVERSON TROSVIG

JACOBSON SCHULTZ, P.A.

By /s/ Michael J. Cass

Attorneys for Plaintiffs

710 Broadway, P.O. Box 787

Alexandria, MN 56308

(320) 763-3141

Atty. Registration #388245

1660580

Tags: legals