STATE OF MINNESOTA
COUNTY OF FILLMORE
DISTRICT COURT
THIRD JUDICIAL DISTRICT
CASE TYPE 14: OTHER CIVIL
Court File No. 23-CV-14-338
The Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-14,
Petitioner,
vs.
Richard Wayne Fuller, Debra Lynn Royet Fuller, and the Minnesota Department of Public Safety Driver and Vehicle Services Division,
Respondents.
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED RESPONDENTS:
1. YOU ARE BEING SUED. The Petitioner has started a lawsuit against you. The Petitioner’s Petition against you is attached to this Summons and 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:
Amanda M. Govze, Esq.
Shapiro & Zielke, LLP
12550 West Frontage Road, Suite 200
Burnsville, MN 55337
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Petitioner’s Petition. In your Answer you must state whether you agree or disagree with each paragraph of the Petition. If you believe the Petitioner should not be given everything asked for in the Petition, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE PETITION 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 Petitioner everything asked for in the Petition. If you do not want to contest the claims stated in the Petition, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Petition.
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 Petition 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 the County of Fillmore, State of Minnesota, legally described as follows:
That part of the NE 1/4 SW 1/4 of Section 19-103-9, Fillmore County, Minnesota, described as follows: Comm. at the NE corner of said NE 1/4 SW 1/4 ; thence S 89 degrees 17 seconds, 33 minutes W (assumed bearing) along the N line of said NE 1/4 SW 1/4, 413.97 to the point of beginning of the tract of land to be herein described, thence S 12 degrees 59 minutes 19 seconds E 20.56 ft.; thence S 9 degrees 20 minutes 36 seconds E, 88.62 ft.; thence S 00 degrees 56 minutes 49 seconds W, 269.73 ft. to the centerline of Twp. Road (now designated as Zenith Street); thence N 42 degrees 2 minutes 42 seconds W along said centerline, 97.35 ft.; thence N 61 degrees 31 minutes 50 seconds W along said centerline, 500.14 ft.; thence N 69 degrees 17 minutes 53 seconds W along said centerline, 107.30 ft.; thence N 79 degrees 48 minutes 52 seconds W along said centerline, 112.34 ft. to said N line of said NE 1/4 SW 1/4; thence N 89 degrees 17 minutes 33 seconds E along said N line, 701.31 ft. to the point of beginning and containing 2.47 acres, more or less.
Subject to easement for a driveway across the Easterly 16.5 ft. thereof.
Subject to easement for the Twp. Road across the Southerly 33 ft. thereof.
Subject to any other easements of record.
EASEMENT DESCRIPTION – 33 foot wide driveway access. A 33 foot wide easement for ingress and egress, over and across that part of the NE 1/4 SW 1/4 of Sec. 19-103-9, Fillmore County, MN, the centerline of said easement being described as follows: Comm. at the NE corner of said NE 1/4 SW 1/4; thence S 89 degrees 17 minutes 33 seconds W (assumed bearing) along the N line of said NE 1/4 SW 1/4 , 413.97 ft. to the point of beginning of said easement centerline to be herein described; thence S 12 degrees 59 minutes 19 seconds E along said centerline, 20.56 ft.; thence S 9 degrees 20 minutes 36 seconds E along said centerline, 88.62 feet.; thence S 00 degrees 56 minutes 49 seconds W along said centerline, 269.73 ft. to the centerline of a Twp. Road and there terminating.
The object of this action is to obtain a notice of surrender for the manufactured home having affixed to it at all times relevant manufacturer’s serial number R280344 and HUD certification numbers RAD 1024034 and RAD 1024035.
SHAPIRO & ZIELKE, LLP
Dated: 4/29/2014
Amanda M. Govze - #0389671
Shapiro & Zielke, LLP
12550 West Frontage Road, Suite 200
Burnsville, MN 55337
(952) 831-4060 Ext. 3137
Attorney for Petitioner
THIS MAY BE DEEMED A COMMUNICATION FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
7/16, 7/23, 7/30