(Published in the Echo Journal, October 13, 20, 27, 2021, 3t.
(Published in the Echo Journal, October 13, 20, 27, 2021, 3t.)
SUMMONS
STATE OF MINNESOTA
COUNTY OF CASS
DISTRICT COURT
NINTH JUDICIAL DISTRICT
CASE TYPE: Quiet Title
Court File No.:
Nancy L. Holzer and Scott J. Holzer, as Trustees of the Nancy L. Holzer Trust dated September 2, 2005; and Douglas James Scribner, as Trustee of the DJS Cabin Holding Trust dated
January 8, 2014,
Plaintiffs,
vs.
Richard L. Alm and Karen A. Alm, married to each other;
Carol Alm a/k/a Carol E. Alm; Wendy L. Griffin and
Mark Griffin, married to each other; Kelly A. Eckerman and Robert
Eckerman, married to each other; Jody S. Riegert and David Riegert,
married to each other; Judith A. Alm; Paul L. Genadek; Michael T. Genadek;
City of Lake Shore, a Minnesota municipal corporation;
and any other persons claiming an interest through them;
John Doe; ABC Company; and all other persons unknown
claiming any right, title, estate, interest,
or lien in the real estate described in the Complaint herein,
Defendants.
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 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 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 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: 319 South 6th Street, Brainerd, Minnesota 56401.
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 21 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 Plaintiffs 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.To be included only if this lawsuit affects title to real property: THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Cass County, State of Minnesota, legally described as follows:
PARCEL ONE:
LEGAL DESCRIPTION:
Tract C: That part of Outlot E, Shore Acres, Cass County, Minnesota, described as follows: Commencing at the Northeast corner of said Outlot E; thence South 28 degrees, 37 minutes West, assumed bearing, 201.51 feet along the Easterly line of said Outlot E to the place of beginning to the place of beginning; thence South 28 degrees 37 minutes West 100.69 feet continuing along the Easterly line of said Outlot E; thence North 65 degrees 51 minutes 43 seconds West 526.94 feet to the shore of Lake Margaret; thence North 48 degrees 13 minutes 40 seconds East 100.0 feet along said shore; thence South 66 degrees 54 minutes 24 seconds East 494.03 feet to the place of beginning.
PARCEL TWO:
*Legal description: That part of Outlot E, Shore Acres, Cass County, Minnesota, described as follows: Commencing at the Northeast corner of said Outlot E; thence South 28 degrees 37 minutes West, assumed bearing, 302.2 feet along the easterly line of said Outlot E to the place of beginning; thence South 28 degrees 37 minutes West 202.92 feet continuing along the easterly line of said Outlot E to the Southeast corner of said Outlot E; thence North 69 degrees 31 minutes West 401.1 feet along the southerly line of said Outlot E; thence North 32 degrees 09 minutes 47 seconds West 243.34 feet to the shore of Lake Margaret; thence North 68 degrees 46 minutes 47 seconds East 130.5 feet along said shore; thence South 65 degrees 51 minutes 43 seconds East 526.94 feet to the place of beginning; subject to a public road right-of-way over the easterly 33 feet thereof.
Subject to easements, reservations and restrictions of record, if any, and subject to U.S. Government flowage rights
PARCEL THREE:
That part of Outlot E, Shore Acres, Cass County, Minnesota, described as follows: Commencing at the Northeast corner of said Outlot E; thence South 28 degrees 37 minutes West, assumed bearing, 302.20 feet along the Easterly line of Outlot E to the place of beginning; thence North 65 degrees 51 minutes 43 seconds West 526.94 feet to an iron monument near the shore of Lake Margaret; thence South 46 degrees 24 minutes 19 seconds East 163.25 feet; thence South 59 degrees 12 minutes 41 seconds East 367.83 feet to the said Easterly line of Outlot E; thence North 28 degrees 37 minutes East 97.28 feet along the Easterly line of Outlot E to the point of beginning.
PARCEL FOUR:
That part of Outlot E, Shore Acres, Cass County, Minnesota, described as follows: Commencing at the Northeast corner of said Outlot E; thence South 28 degrees 37 minutes West, assumed bearing, 100.82 feet along the easterly line of said Outlot E to the place of beginning; thence South 28 degrees 37 minutes West 100.69 feet continuing along the easterly line of said Outlot E; thence North 66 degrees 54 minutes 24 seconds West 494.03 feet to the shore of Lake Margaret; thence North 48 degrees 13 minutes 40 seconds East 100.0 feet along said shore; thence South 68 degrees 06 minutes 45 seconds East 461.35 feet to the place of beginning; subject to a public road right-of-way over the easterly 33 feet thereof.
And all easements of record.
The object of this action is: To quiet title the above-described Parcel Three in the Plaintiffs' name, as more fully described in the Complaint.
Dated: September 24, 2021SEVERSON PORTER LAW
By /s/ Kurt W. Porter
Mark A. Severson (Reg. No. 0388914)
Kurt W. Porter (Reg. No. 0391461)
Kevin J. Egan, of Counsel (Reg. No. 0390606)
319 South 6th Street
Brainerd, MN 56401
Telephone: (218) 692-6999
Facsimile: (218) 692-6970
e-mail: kurt@seversonporter.com
ATTORNEYS FOR PLAINTIFFS
ACKNOWLEDGMENT
The parties above-named represented by the undersigned, hereby acknowledge that sanctions may be imposed pursuant to Minn. Stat. Section 549.211.
/s/ Kurt W. Porter