STATE OF MINNESOTA
COUNTY OF OLMSTED
THIRD JUDICIAL DISTRICT
Merrill Cole and Heidi Cole,
Matt Fitzpatrick; Elizabeth Quammen; Gladys Fager; Raechel Hendricks; the Kruse Company; Judith Ann Gray; aka JudithA. Gray; Joel E. Gray; First Bank South Dakota National Association; New Residential Mortgage LLC; Bank of America NA; Metro Development Corp.; and also the unknown heirs of the above persons and all other persons or entities unknown claiming any right, title, estate, interest or lien in the real estate described herein,
Case type: Quiet Title Action
Court File No.: 55-CV-20-6199
THIS SUMMONS IS DIRECTED TO: The Defendants above named.
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, Kristin L. Yahnke, Schmitz, Ophaug & Blumhoefer, LLP, 220 Division St. S., Northfield MN 55057.
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 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 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 AFFECTS OR BRINGS INTO QUESTION TITLE TO REAL PROPERTY located in Olmsted County, State of Minnesota, legally described as follows:
See attached Exhibit A
Take Notice that no personal claim is made against you or any of you in this action, and the object of this action is to determine adverse claims to said real estate, to have title thereto quieted in fee simple in said Plaintiff, and to have it adjudged that Plaintiff is the owner of said real estate in fee simple, and that Defendants or any of them or any other persons or parties, have no right, title, estate, interest or lien in, to or upon the real estate or any part thereof.
Dated February 3, 2021
BLUMHOEFER & YAHNKE, LLP.
By: /s/ Kristin L. Yahnke
Kristin L. Yahnke (#393497)
220 Division Street S.
Northfield, MN 55057
ATTORNEY FOR PLAINTIFFS
That part of the Northwest Quarter and that part of the Southwest Quarter of Section 3, Township 106 North, Range 14 West, Olmsted County, Minnesota, described as follows:
Beginning at the northwest corner of Lot 4, Block 1, FOLWELL HEIGHTS FOURTH SUBDIVISION, according to the recorded plat thereof, on file at the office of the County Recorder, Olmsted County, Minnesota; thence North 89°57'12" East, along the north line of said Lot 4, a distance of 99.71 feet to the northeast corner of said Lot 4; thence North 20°21'52" West 7.89 feet to the intersection of the northerly extension of th east line of said Lot 4 and the south line of FOLWELL WEST SECOND SUBDIVISION, according to the recorded plat thereof, on file at the office of the County Recorder, Olmsted County, Minnesota; thence South 89°48'57" West along said south line, 99.75 feet to the intersection of said south line and the northerly extension of the west line of said Lot 4; thence South 21°15'31" East 7.68 feet to the point of beginning.
(March 30; April 6 & 13, 2021)