Summons

Publish August 17, 24, 31,2011

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SUMMONS

STATE OF MINNESOTA

COUNTY OF DOUGLAS

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

CASE TYPE: QUT

COURT FILE #21-CV-11-1176

MCB of Alex, LLC,

a limited liability company,

Plaintiff

vs.

William W. Nelson, a/k/a William Nelson, and Clarissa A. Nelson, a/k/a Clarrissa A. Nelson, husband and wife; William Moses and Mary M. Moses, husband and wife; W. J. B. Moses and Annette M. Moses, husband and wife; Nils Danielson and Wilhelmina Danielson, husband and wife; Oluf Wahlstrom; Lena Peterson; Edgar D. Engstrom, a/k/a Edgar Engstrom, and Lillian C. Engstrom, husband and wife; Clifford E. Engstrom and Rebecca Engstrom, husband and wife; Edwin H. Engstrom, a/k/a Edwin Engstrom, and Hyacinth Engstrom, husband and wife; Leslie F. Engstrom, a/k/a Leslie Engstrom, and Thelma Engstrom, husband and wife; E. A. Bliss and Marian B. Bliss, husband and wife; Barbara Jane Flaig, as personal representative of the Estate of Albert H. Saar, a/k/a Albert Herman Saar; unknown heirs of Albert H. Saar, a/k/a Albert Herman Saar; unknown heirs of Marion D. Saar, a/k/a Marion Dorothy Saar; Gordon L. Skoglund and Helena E. Skoglund, husband and wife; Al Saar; Saar Enterprises, Inc.; Saars Enterprises, Inc., a/k/a Saar's Enterprises, Inc.; W & J of Alex, LLP; State of Minnesota; City of Alexandria; 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.

YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's 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.

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.

YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.

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.

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.

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.

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 Northwest Quarter of Section 30, Township 128 North, Range 37 West, Douglas County, Minnesota, being a part of the unplatted City of Alexandria, described as follows:

Commencing at the west quarter corner of said Section 30;

thence on an assumed bearing of North 89 degrees 10 minutes 04 seconds East, along the east-west quarter line of said Section 30, a distance of 2052.38 feet to the intersection of the southerly extension of the east line of Fillmore Street;

thence North 00 degrees 00 minutes 30 seconds East, along said southerly extension of the east line of Fillmore Street, a distance of 160.00 feet to Point "A";

thence continuing North 00 degrees 00 minutes 30 seconds East, along said east line of Fillmore Street, 588.20 feet;

thence North 88 degrees 58 minutes 10 seconds East 208.77 feet to the westerly right-of-way line of Trunk Highway No. 29;

thence southwesterly, along said westerly right-of-way line and along a non-tangential curve concave to the west, radius 4508.66 feet, central angle 02 degrees 13 minutes 34 seconds, 175.17 feet, the chord of said curve bears South 10 degrees 48 minutes 49 seconds West, 175.16 feet to the point of beginning of the land to be described;

thence continuing southwesterly, along said westerly right-of-way line and along said 4508.66 foot radius curve, central angle 05 degrees 30 minutes 12 seconds, 433.06 feet, the chord of said curve bears South 14 degrees 40 minutes 42 seconds West, 432.89 feet to a line bearing North 89 degrees 00 minutes 40 seconds East from aforesaid Point "A";

thence South 89 degrees 00 minutes 40 seconds West 66.28 feet to aforesaid east line of Fillmore Street;

thence North 00 degrees 00 minutes 30 seconds East, along said east line of Fillmore Street, 416.74 feet to a line bearing South 88 degrees 58 minutes 10 seconds West from the point of beginning;

thence North 88 degrees 58 minutes 10 seconds East 175.93 feet to the point of beginning.

The object of this action is to obtain judgment declaring that the Plaintiff is the owner 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 Plaintiff against any of the defendants.

Dated this 8th day of August, 2011.

SWENSON LERVICK

SYVERSON TROSVIG

JACOBSON, P.A.

By /s/ Gary I. Syverson

Attorneys for Plaintiff

710 Broadway, P.O. Box 787

Alexandria, MN 56308

(320) 763-3141

Atty. Registration #108133

1300559