Summons
Publish February 17, 24, March 2, 2012
SUMMONS
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE: QUT
COURT FILE NO. __________
John B. Driscoll and Kirsten B. Driscoll, husband and wife,
Plaintiffs,
vs.
Unknown heirs of Clara O. Czarkowski; unknown heirs of Charles Czarkowski; unknown heirs of Hazel E. Lipa; unknown heirs of Buell Lipa; unknown heirs of Lloyd A. Erickson; unknown heirs of Ardelle Erickson; unknown heirs of Theresa Olson; unknown heirs of Orie D. Olson; Daryth Erickson Stallone, a/k/a Daryth Stallone; Karen Allen Reed; Susan Allen Toth; James Olson; Mary Olson Hibbits; Richard Erickson; Carol Erickson Martino; Donald Erickson; The St. Paul, Minneapolis and Manitoba Railway Company, a/k/a The Saint Paul and Pacific Railroad Company; Central Trust Company of New York, as Trustee of The St. Paul, Minneapolis and Manitoba Railway Company; John P. Peterson and Carrie Peterson, husband and wife; Township of Carlos; Allan B. Jahnke and Susan W. Jahnke, husband and wife; Gregory D. Verdugt and Eileen J. Verdugt, husband and wife; Mortgage Electronic Registration Systems, Inc., as nominee for U.S. Bank N.A., a National Association; U.S. Bank N.A., a National Association; U.S. Bank, National Association ND, a national banking association; 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:
Parcel A:
That part of Government Lot 2, Section 16, and that part of Government Lot 1, Section 17, all being within Township 129 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the northwesterly most corner of Lot 14 of the FIRST ADDITION TO PARK REGION SHORES, according to the recorded plat thereof;
thence North 24 degrees 54 minutes 27 seconds West, assumed bearing along the southwesterly most line of said FIRST ADDITION TO PARK REGION SHORES, 288.28 feet to the southerly right-of-way line of Mount Carmel Drive;
thence South 73 degrees 26 minutes 09 seconds West, along said southerly right-of-way line, 269.11 feet;
thence South 72 degrees 52 minutes 06 seconds West, along said southerly right-of-way line, 231.10 feet to the point of beginning of the land to be described;
thence reversing North 72 degrees 52 minutes 06 seconds East, along said southerly right-of-way line, 231.10 feet;
thence South 35 degrees 53 minutes 14 seconds East 345.79 feet;
thence South 54 degrees 06 minutes 46 seconds West 12.00 feet;
thence South 35 degrees 53 minutes 14 seconds East 200.00 feet;
thence North 54 degrees 06 minutes 46 seconds East 12.00 feet;
thence South 35 degrees 53 minutes 14 seconds East 66 feet more or less to the shoreline of Lake Carlos;
thence southwesterly, along said shoreline, 200 feet more or less to a line bearing South 37 degrees 53 minutes 27 seconds East from the point of beginning;
thence North 37 degrees 53 minutes 27 seconds West 645 feet more or less to the point of beginning, containing 2.93 acres more or less.
Together with riparian rights accruing thereto.
Parcel B:
That part of Government Lot 2, Section 16, and that part of Government Lot 1, Section 17, all being within Township 129 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the northwesterly most corner of Lot 14 of the FIRST ADDITION TO PARK REGION SHORES, according to the recorded plat thereof;
thence North 24 degrees 54 minutes 27 seconds West, assumed bearing along the southwesterly most line of said FIRST ADDITION TO PARK REGION SHORES, 288.28 feet to the southerly right-of-way line of Mount Carmel Drive;
thence South 73 degrees 26 minutes 09 seconds West, along said southerly right-of-way line, 269.11 feet;
thence South 72 degrees 52 minutes 06 seconds West, along said southerly right-of-way line, 231.10 feet to the point of beginning of the land to be described;
thence continuing South 72 degrees 52 minutes 06 seconds West, along said southerly right-of-way line, 1.50 feet;
thence South 59 degrees 44 minutes 03 seconds West, along said southerly right-of-way line, 198.25 feet to the northeasterly most line of Lot 1, Block One, WHAREWAE ADDITION, according to the recorded plat thereof;
thence South 30 degrees 22 minutes 18 seconds East, along said northeasterly most line, 601 feet more or less to the shoreline of Lake Carlos;
thence northeasterly, along said Lake, 287 feet more or less to a line bearing South 37 degrees 53 minutes 27 seconds East from the point of beginning;
thence North 37 degrees 53 minutes 27 seconds West 645 feet more or less to the point of beginning, containing 3.4 acres more or less.
Together with riparian rights accruing thereto.
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 thereon.
Notice is further given that no personal claim is made by Plaintiffs against any of the defendants.
Dated this 13th day of February, 2012.
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
1402025
Tags: legals
More from around the web
RSS Feeds