Publish November 9, 16, 23, 2012
STATE OF MINNESOTA
COUNTY OF DOUGLAS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
Case No.: 21-CV-12-1699
Case Type: QUT
Assigned to: Unknown
David W. Anderson and Debra L. Anderson,
Amanda Nelson; N Edwin Nelson, also known as Nels Edwin Nelson; Hilma Sanstead; Ervin C. Malm; Doris J. Malm; Betsey M. Gahlon; Emil E. Gahlon, also known as Emil Emmanual Gahlon; Joel E. Korver; O. LaVern Nelson, also known as Lavern Nelson; Birdyne Nelson; Gerard N. Giesinger; Patricia A. Giesinger; Viking Savings Bank; State of Minnesota, and also the unknown heirs of the Defendants herein and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED 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:
William J. Leuthner
LEUTHNER & HUETHER, LTD.
218 3rd Avenue East #102
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 Plaintiff 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 Lot 8, Block B, DOUGLASS BAY, according to the recorded plat thereof, and that part of Government Lots 1 and 2 of Section 9, Township 128 North, Range 37 West, Douglas County, Minnesota, described as follows:
Commencing at the westerly most corner of Lot 7, Block One, NELSON'S BASS POINT, according to the recorded plat thereof;
thence South 89 degrees 49 minutes 37 seconds West, assumed bearing along the south line of said NELSON'S BASS POINT, also being the south line of dedicated roadway, 117.40 feet to the point of beginning of the land to be described;
thence reversing North 89 degrees 49 minutes 37 seconds East, along said south line of NELSON'S BASS POINT and along said dedicated roadway, 117.40 feet to said westerly most corner of Lot 7;
thence South 12 degrees 48 minutes 05 seconds East, along the west line of said Lot 7, a distance of 203 feet more or less to the shoreline of Lake Geneva;
thence southwesterly, along said shoreline, 102 feet more or less to a line bearing South 16 degrees 14 minutes 11 seconds East from the point of beginning;
thence North 16 degrees 14 minutes 11 seconds West 249 feet more or less to the point of beginning;
The tract contains 0.55 acre more or less.
The object of this action is to obtain the judgment of said Court determining the Plaintiffs' title and all adverse claims to the above-described tract of land, adjudging that the Plaintiffs are the owners in fee simple absolute and entitled to possession of said tract of land and the whole thereof, adjudging that the Defendants in said action and each of them have no right, title, claim or estate in or to said tract of land or lien thereon 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: October 3, 2012
LEUTHNER & HUETHER, LTD.
/s/ William J. Leuthner, #62467
Attorney for Plaintiffs
218 3rd Avenue East, Suite 102
Alexandria, MN 56308
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