Publish May 27, June 3, 10, 2009
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUT
COURT FILE NO. 21-CV-09-890
Marvin W. Hertwig; Miltona Land Development, Inc.; and Miltona Lakeview Estates Owners Association,
Charles D. Joachim and Ina L. Joachim, husband and wife; David W. Ewert and Tammy K. Ewert, husband and wife; unknown heirs of Edwin Wilke, a/k/a Edwin C. Wilke; Andrine Wilke, a/k/a Andrine E. Wilke; Lynn M. Freudenberg; Dale R. Wilke; Evon K. Hanson; Ernest A. Salvog and Elaine I. Salvog, husband and wife; Norman H. Holt and Nathalie B. Holt, husband and wife; David J. Dzubay and Janet M. Dzubay, husband and wife; Bradley M. Roberts and Elizabeth A. Roberts, husband and wife; John M. Lanzo and Barbara Jean Lanzo, husband and wife; Robert V. Lee and Barbara L. Lee, husband and wife; A.M. Kalil; Margaret Ann Kalil; John S. Ries and Genevieve C. Ries, husband and wife; Gerald O. Lund and Phyllis J. Lund, husband and wife; Daniel G. Lund; Matthew J. Lund; Myron W. Setzler and Janet M. Setzler, husband and wife; Thomas Mrozek and Joyce M. Mrozek, husband and wife; Richard H. Chesley and Jean M. Chesley, husband and wife; Robert H. Pappenfus; Miltona Township; 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,
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
You are hereby summoned and required to serve upon the plaintiffs’ attorneys an Answer to the Complaint which is on file in the office of the Court Administrator of the above-named Court, within twenty (20) days after service of this Summons upon you, exclusive of the date of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
This action involves, affects, or brings in question real property situated in the County of Douglas, State of Minnesota, described as follows:
Government Lots 3 and 4, Section 19, Township 130 North, Range 37 West, including that platted as Miltona Lakeview Estates, excepting therefrom the following:
1. The portion thereof platted as Ida’s Hill.
2. The portion thereof platted as Hidden Hills.
3. The portion thereof platted as Lee’s Miltona View.
4. The portion thereof platted as Holt Addition.
5. That portion of said Government Lot 3, described as follows:
Commence at the easterly most corner of said Hidden Hills;
thence South 45 degrees 01 minutes 00 seconds East, along the southeasterly extension of the northeasterly line of Lot 3, Block 1, of said Hidden Hills, 185 feet;
thence South 40 degrees 50 minutes 00 seconds West 277 feet more or less to the shoreline of Lake Miltona;
thence northwesterly along said shoreline to the intersection with the southeasterly line of Lot 3, Block 1, Hidden Hills;
thence northeasterly and along the said southeasterly line of Lot 3, Block 1, to the point of beginning.
6. That portion of Government Lot 4, described as follows:
To find the point of beginning commence at the northeasterly most corner of LEE’S MILTONA VIEW, according to the recorded plat thereof;
thence South 74 degrees 01 minutes 54 seconds West, along the northerly line of said LEE’S MILTONA VIEW to the northwesterly most corner of Lot 3, Block 1 of said LEE’S MILTONA VIEW, and this being the point of beginning;
thence South 74 degrees 01 minutes 54 seconds West, and along the westerly extension of the northerly line of said Lee’s Miltona View, to the northeast corner of Lot 3, Block 1, Holt Addition according to the recorded plat thereof;
thence south and along the east line of said Lot 3, Block 1, Holt Addition to the shoreline of Lake Miltona;
thence northeasterly along the shoreline to the intersection with the west line of Lot 3, Block 1, Lee’s Miltona View;
thence north and along the west line of Lot 3, Block 1, Lee’s Miltona View to the point of beginning.
The object of this action is to obtain judgment declaring that the plaintiffs are the owners of their respective portions of the above-described land, as set forth in the Complaint; and that the defendants, and each of them, have no interest or estate in said lands, nor lien thereon, except for the easements for town roads for Miltona Township, as described in the Complaint.
Notice is further given that no personal claim is made by plaintiffs against any of the defendants.
PARTIES TO A CIVIL CASE ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE MINNESOTA GENERAL RULES OF PRACTICE.
Dated this 20th day of May, 2009.
SWENSON LERVICK SYVERSON
TROSVIG JACOBSON, P.A.
By /s/ Gary I. Syverson
Attorneys for Plaintiffs
710 Broadway, P.O. Box 787
Alexandria, MN 56308
Atty. Registration #108133