Roque Rossetti and Farmers State Bank of Underwood, Summons

Published 4:15pm Monday, December 9, 2013 Updated 11:26am Thursday, December 5, 2013

(First Publication December 9, 2013)


Other Civil
Court File No.  ___

Roque Rossetti and Farmers State Bank of Underwood,

Elmer C. Rudh; Calma Rudh; Benjamin Paulson; Seline Paulson; Richard E. Rudh, aka Richard Rudh; Janice E. Rudh; Edwin C. Rudh; Lillie Rudh; Benjamin W. Peterson; Gladys M. Peterson; Millard Nord, Jr.; Fosse Leasing Co.; LeRoy Western; Alice Western; Olaf Olson, as Administrator of the Estate of Elmer C. Rudh; W. A. Redmann, as Representative of the Estate of Edwin C. Rudh, and the unknown heirs of the above-named persons now deceased and any and all other persons unknown claiming any right, title, or interest in the premises described herein,



THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS, and the unknown heirs of any of the above named persons now deceased, also all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

1. YOU ARE BEING SUED: The Plaintiffs have started a lawsuit against you. The Plaintiffs’ Complaint 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:
R. Kristian Svingen
Attorney at Law
125 S. Mill Street
Fergus Falls, MN 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 your 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 1 of Section 31, Township 135 North, Range 44 West, Otter Tail County, Minnesota, described as follows:

Commencing at the northwest corner of said Section 31; thence South 89 degrees 10 minutes 37 seconds East, assumed bearing along the north line of said Section 31, a distance of 185.00 feet; thence South 00 degrees 49 minutes
23 seconds West 83.00 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 49 minutes 23 seconds West 49.00 feet; thence South 89 degrees 10 minutes 37 seconds East 26.00 feet to a point on a 1245.39 foot radius curve of which the center of circle bears North 84 degrees 47 minutes 11 seconds East; thence southeasterly along said 1245.39 foot radius curve, central angle 10 degrees 42 minutes 19 seconds, 232.69 feet; thence South 74 degrees 04 minutes 51 seconds West 20.00 feet; thence South 03 degrees 11 minutes 57 seconds East 305.08 feet to a point on a 1365.39 foot radius curve of which the center of circle bears North 61 degrees 29 minutes 31 seconds East, said curve also being the northeasterly right-of-way line of C.S.A.H. No. 88; thence northwesterly along said 1365.39 foot radius curve and along said northeasterly right-of-way line, central angle 25 degrees 53 minutes 21 seconds, 616.95 feet to a line bearing North 89 degrees 10 minutes 37 seconds West from the point of beginning; thence South 89 degrees 10 minutes 37 seconds East 98.44 feet to the point of beginning. Tract contains 1.18 acres more or less.

The object of this action is to determine the title and adverse claims to the real property described above and to have Plaintiffs adjudged the owners thereof in fee simple.

November 7, 2013
By   R. Kristian Svingen
R. Kristian Svingen, #107402^
125 South Mill Street
Fergus Falls, MN 56537
Telephone No.
Attorneys for Plaintiffs.

Publication Dates: December 9, 16, 23, 2013.

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