1541880 Summons - QUT

Summons

Publish August 29, September 5, 12, 2012

SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE NO. 21-CV-12-1323

Erin L. Frederiksen and Eric R. Frederiksen,

Plaintiffs,

vs.

Frank B. McKenzie, a/k/a F. B. MacKenzie, and Mary J. MacKenzie, husband and wife; unknown heirs of Ole Sorgaardin, a/k/a Ole Sorgaarden, a/k/a Ole Sogaarden; Oline Sogaarden; unknown heirs of Regina Henschien; unknown heirs of Leslie Henschien; unknown heirs of Harold Hoelz, a/k/a Harold H. Hoelz; Cora Hoelz, a/k/a Cora H. Hoelz; unknown heirs of Florence Elizabeth Van Coillie, a/k/a Florence E. Van Coillie, a/k/a Florence Van Coillie; unknown heirs of Henry J. Van Coillie; unknown heirs of Robert L. Suttle; Eleanor W. Suttle, a/k/a Eleanor Suttle; Sheila M. Heifort, f/k/a Sheila M. Maynard, and Scott Heifort, wife and husband; Emil H. Rusch and Florence J. Rusch, husband and wife; John K. Anderson and Beulah B. Anderson, husband and wife; unknown heirs of James J. Aust, a/k/a James Joseph Aust; Donna M. Aust; Gallagher Family LLLP, f/k/a Gallagher Family Partnership, LLP; 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, Section 8, Township 127 North, Range 38 West, Douglas County, Minnesota, described as follows:

Commencing at the northwest corner of said Government Lot 1;

thence South 00 degrees 00 minutes 00 seconds West, assumed bearing along the west line of said Government Lot 1, a distance of 627.92 feet to the point of beginning of the land to be described;

thence continuing South 00 degrees 00 minutes 00 seconds West, along said west line, 110.68 feet;

thence South 82 degrees 40 minutes 00 seconds East 417 feet more or less to the shoreline of Lake Mary;

thence northeasterly along said shoreline 136 feet more or less to a line bearing South 85 degrees 36 minutes 32 seconds East from the point of beginning;

thence North 85 degrees 36 minutes 32 seconds West 457 feet more or less to the point of beginning, containing 1.21 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 thereon, except as set forth in the Complaint, and adjudging such other relief as the Court shall deem proper.

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

Dated this 23rd day of August, 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

1541880

Tags: legals