David W. Winter and Peggy J. Winter, Summons

Published 1:31pm Friday, October 25, 2013

(First Publication October 16, 2013)

STATE OF MINNESOTA
COUNTY OF
OTTER TAIL

DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
CASE TYPE:
QUIET TITLE
Court File No.
56-CV-13-2201
Assigned Judge:

SUMMONS

David W. Winter and
Peggy J. Winter,
Plaintiffs,

vs.

Joseph P. Suchy, Vincent A. Cichy, Alfred J. Koep, George T. Koep, Irene Koep, Kenneth H. Benzinger, Marie Benzinger, Marie H. Benzinger and Victor I. Benzinger, as Trustees of the Marie H. Benzinger Trust created by a Trust Agreement dated March 29, 1996, Lonnie J. Benzinger, Nancy A. Benzinger, Robert W. Goshen, Elsie A. Goshen, Conrad A. Roers, Margaret R. Roers, John J. Klick, Florence Klick, Joseph P. Miller, Betty Miller, Nick Revering, Florence Revering, Raymond N. Klimek, Elizabeth Klimek, Gary D. Schmidt, Lynne M. Schmidt, William C. Johnson also known as William Curtis Johnson, and Patricia A. Johnson also known as Patricia Ann Johnson; also the unknown heirs of Joseph P. Suchy, Vincent A. Cichy, Alfred J. Koep, George T. Koep, Irene Koep, Kenneth H. Benzinger, Marie Benzinger, Marie H. Benzinger and Victor I. Benzinger, as Trustees of the Marie H. Benzinger Trust created by a Trust Agreement dated March 29, 1996, Lonnie J. Benzinger, Nancy A. Benzinger, Robert W. Goshen, Elsie A. Goshen, Conrad A. Roers, Margaret R. Roers, John J. Klick, Florence Klick, Joseph P. Miller, Betty Miller, Nick Revering, Florence Revering, Raymond N. Klimek, Elizabeth Klimek, Gary D. Schmidt, Lynne M. Schmidt, William C. Johnson also known as William Curtis Johnson, and Patricia A. Johnson also known as Patricia Ann Johnson; 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 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:
110 North Mill Street, Fergus Falls, Minnesota  56537.

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 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 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.  THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Otter Tail County, State of Minnesota, legally described as follows:
That part of Government Lot Six (6) of Section Seventeen (17), Township One Hundred Thirty-one (131) North, Range Thirty-eight (38) West, Otter Tail County, Minnesota, described as follows:

Commencing at the Southeast corner of said Government Lot Six (6); thence North 00°00’00” East, assumed bearing along the East line of said Government Lot Six (6), a distance of 104.00 feet to the point of beginning of the land to be described; thence continuing North 00°00’00” East, along said East line of Government Lot Six (6), a distance of 11.50 feet; thence North 84°49’24” West, along the monumented North line of that parcel described and recorded in Book 382, Page 589 of Deeds, a distance of 99.00 feet; thence North 03°21’06” West 438.00 feet more or less to the shore line of Block Lake; thence westerly, southwesterly, and southeasterly along said shore line 700.00 feet more or less to a line bearing North 84°49’24” West from the point of beginning; thence South 84°49’24” East 372.00 feet more or less to the point of beginning.  The tract contains 3.0 acres more or less.

Together with a 16.50 foot easement for access purposes over, under and across a portion of said Government Lot Six (6), The center line of said easement is described as follows:  Commencing at the Southeast corner of said Government Lot Six (6); thence North, assumed bearing, along the East line of said Government Lot Six (6), a distance of 241.50 feet to the point of beginning of the line to be described; thence North 80°55’00” West 108.08 feet to the East line of the afore described 3.0 acre tract and there terminating.  The side lines of said easement shall be prolonged or shortened to terminate on the said East line of Government Lot Six (6) and on the East line of the afore described 3.0 acre tract.

The object of this action is to secure Judgment of the Court for the plaintiffs that plaintiffs be declared to be the absolute owners in fee simple absolute of all of the real estate hereinabove described, and that the defendants or any or either of them, whether named or unnamed, known or unknown, be declared to have no right, title, estate, lien or interest in the real estate described herein, and for such other and further relief as to the Court shall seem just and equitable, and for their costs and disbursements of this action.

Dated:
September 18, 2013

PEMBERTON, SORLIE, RUFER
& KERSHNER, P.L.L.P.
By Robert W. Bigwood, No. 12087X
110 North Mill Street
Fergus Falls, Minnesota 56537
Telephone:
218-736-5493
Facsimile:
218-736-3950
Email:  r.bigwood@
pemlaw.com
ATTORNEYS FOR PLAINTIFFS

Publication Dates: October 16, 23, 30, 2013.

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