Wednesday, August 29, 2012 10:52 AM
STATE OF MINNESOTA
COUNTY OF FILLMORE
IN DISTRICT COURT
THIRD JUDICIAL DISTRICT
Case Type: Civil (Real Property)
Martin Downes, as trustee of the R08.0314 and R08.0315 land trust and also as trustee of the R09.0017, R08.0247, and R09.0012 land trust.
Fillmore Nursery Inc.; Deborah A. Collins Declaration of Trust, and its trustees; Aidan Monahan; Charles L. Young; William G.Young; Carolyn Young; Charles R. Young; Lora M. Young; Cynthia Young; George Young; Adaline McMaster; E.J. McMaster; David McMaster; John W. McMaster; G. J.
McMaster; George McMaster; John Sullivan; Hiram Maine;
L. M. Trexler; Sarah Sullivan; Jerry Wolfenbarger; Levi
Peterson; Henry Kelly; Joseph Kelly; John Howell; Joellyn
Howell; Patrick P. Caldwell; Mary F. Caldwell; Lawrence J.
Galligan; Ruth E. Galligan; Audrey E. Snyder; Clair J. Welch;
James M. Horihan; Carolyn M. Horihan; David M. Caldwell;
Lynn J. Caldwell; Jolynn C. Mikesh; Lawrence J. Galligan;
Charles B. Harstad; Lynn K. Harstad; Robert E. Pass, Jr.; Rick Nelson; Lynn M. Haakenstad; Marilyn Haakenstad; Phyllis Leistokow; Fillmore County; Ruth J. Zafft; Garry Dowling; Jennifer Dowling; Spencer Engen Jr.; Jody Engen; Peter L. McKernan; Dorothy L McKernan; Paul D. Hanson; Michelle S. Hanson; Michael R. Shanks; Cindy K. Shanks; Marc Prestby; Timothy C. Fossum; Amy Bergey; City of Canton; Brian W. Kerns; Lorie Dee Kerns; Mark Morin; Therese Morin; Verneal Goertz; Pauline Goertz; VJ Four Season Maintenance LLC; Betty Bigalk; Linda L. Wilder; Michael W. Wilder; Brenda R. Wilder; Roland D. Hanson; Carole M. Hanson; Shawn Bangs; Alison J. Bangs, Karl V. Hagen; John J. Halloran; Oscar Lund; Mary Lund; Richard Scrabeck; Betty Scrabek; Tri County Electric Co-op; Gary W. Ward; Jackie A.Ward; Lawrence Huber; Canton Township; Larry Wangen; Rhonda Wangen; David A. Terbeest; Alice E. Terbeest; Menno D. Mast; Lizzie Mast; and all successors
and assigns; also the unknown heirs of the aforesaid persons, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint herein, subject to any easements of record,
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED 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.
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:
Jennifer A. Gumbel
Springer & Gumbel, P.A.
141 West Fillmore Street
P.O. Box 469
Preston, MN 55965
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 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 DOES AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Fillmore County, State of Minnesota, legally described as follows:
PARCEL I: The North Half of the Northwest Quarter (N 1/2 NW 1/4) of Section 28, Township 101 North, Range 9 West, EXCEPT 5 acres of the Northwest corner, running 40 rods East and West, also 20 rods North and South, ALSO Eastward from said 5 acre lot 50 feet fronting section line 150 feet deep, ALSO South from said 5 acre lot, 165 feet fronting on section line by 153 feet deep, containing 75 acres more or less.
PARCEL II: The Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 21, Township 101 North, Range 9 West, EXCEPT railroad right of way and U.S. Highway right of way, containing 38 acres more or less.
PARCEL III: Commencing 153 feet East of the Northwest Corner of Section 28, Township 101 North, Range 9 West, Thence South 143 feet; thence West 153 feet; thence South 92 feet; thence East 153 feet; thence South 75 feet; thence West 153 feet; thence South 20 feet; thence East 40 rods, thence North 20 rods, thence West 507 feet to place of beginning, in Section 28, Township 101 North, Range 9 West, EXCEPT therefrom the following parcel: Commencing 310 feet South of the Northwest corner of Section 28, Township 101 North, Range 9 West, thence South 20 feet; thence East 153 feet; thence North 20 feet; thence West 153 feet to place of beginning, said strip of land lying and being in the village of Canton, Fillmore County, Minnesota.
PARCEL IV: The SW 1/4 Sec. 28-101-9, Fillmore County, Minnesota, EXCEPT the following described parcel: That part of the W 1/2 of the SW 1/4 of Sec. 28-101-9, Fillmore County, Minnesota, described as follows: Commencing at the SW corner of said W 1/2 SW 1/4; thence N 00 degrees 12'10" W. (assumed bearing) along the W. line of said W 1/2 SW 1/4, 1217.33 ft. to the point of beginning of the tract of land to be herein described; thence continuing N 00 degrees 12'10" W. along said W line, 383.65 feet; thence N 88degrees 05'30" E, 538.33 feet; thence S 08 degrees 24'36" E, 388.62 feet, thence S 88 degrees 20'47" W 593.75 feet to the point of beginning and containing 5.00 acres more or less. Subject to easement for Fillmore County Highway No. 21 across the W. line thereof. Subject to any other easements of record.
8. This object of this action is to determine that the Defendants have no right, title, estate, interest or lien in or on the above described real estate.
NOTICE OF NO PERSONAL CLAIM
No personal claim is made against any of the Defendants in the action above-entitled.
Dated this 15th day of August, 2012.
/s/ Jennifer A. Gumbel
Jennifer A. Gumbel
Attorney Registration No. 387724
Attorney for Plaintiffs
141 West Fillmore Street
P.O. Box 469
Preston, MN 55965
Telephone (507) 765-3600
8/30, 9/6, 9/13