Summons

STATE OF MINNESOTA 

COUNTY OF TODD

IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT

Case Type #14 - Other Civil

________________

 

SUMMONS

 

 

Dennis R. Weirens and 

Rita L. Houle,

Plaintiffs

 

vs.

David A Remjeske, Susan Remjeske, Charles F. Hinnenkamp, Janet M. Welters a/k/a/ Janet Marie Zitzow, Donna R. Kociemba, Donna R. Kociemba, Trustee of the Donna R. Kociemba Trust dated December 20, 1994, Bruce A. Kociemba, Deborah A. Kociemba, Trustees U/D/T dated October 17, 1996, Merrill Lynch Credit Corporation, JP Morgan Chase Bank, N.A., the unknown heirs of Alois Walter Kociemba, deceased, the unknown heirs of Herbert J. Thelen, deceased, the unknown heirs of Donald E. Remjeske, Sr., deceased, the unknown heirs of Irene R. Remjeske, deceased, the unknown of heirs of Albert Gordon Anderson, deceased, the unknown heirs of Virginia L. Anderson f/k/a Virginia L. Burnette, deceased, the unknown heirs of Boniface B. Hinnenkamp, deceased, the unknown heirs of Agnes R. Hinnenkamp, deceased, an all other persons unknown or claiming any right, title, estate, interest, or lien in the real property described in the Complaint herein,

Defendants.

 

THIS SUMMONS IS DIRECTED TO THE ABOVE NAMES DEFENDANTS:

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons. 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.

This action involves, affects, or brings into question real property situated in the County of Stearns, State of Minnesota, legally described in the Complaint herein.

NOTICE IS FURTHER GIVEN that the object of said action is to obtain a judgment declaring that Plaintiff is the owner in fee of the property described herein, and that the defendants, and each of them, have no right, title, estate, interest or lien in or upon the said read estate.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.

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 421 Sinclair Lewis Avenue, PO Box 226, Sauk Centre, Minnesota  56378.

3. 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.

4. YOU 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 claim 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 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.

 

Dated:

January 17, 2017

 

Thomas J. Mayer

Attorney- City of Sauk Centre

421 Sinclair Lewis Avenue

P.O. Box 226

Sauk Centre, MN  56378

Telephone: (320) 352-6503

Attorney I.D. No. 69139

 

LEGAL DESCRIPTION

All that part of Government Lot Three (3), Section 26, Township 127, Range 33 contained within the following described metes and boundary lines:

Commencing at a point 395 feet West and 336 feet South and 50 feet East of the Northeast corner of said Lot 3; thence East 62.5 feet; thence South to the marginal waterline of Birch Lakes; thence West along the marginal waterline of Birch Lake to a point due South of the point of beginning; thence North to the point of beginning with the exception of a 10 foot driveway across the lot running East and West where the road now runs. Together with the benefit of a road easement over a 10 foot road presently running East and West across Lot 39 of Ward Springs Addition.

                                    9-11pnc

 

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