Details for 0109.Summons City of Fergus Falls

(First Publication Date:

January 9, 2020)

STATE OF MINNESOTA COUNTY OF OTTER TAIL

IN DISTRICT COURT

SEVENTH JUDICIAL

DISTRICT

Case Number: 56-CV-19-3759

Case Type: Quiet Title

SUMMONS

City of Fergus Falls, a

Minnesota municipal corporation,

Plaintiff,

vs.

Equity & Help, Inc., a Florida corporation; 320ALC537, a Trust, with Equity & Help, Inc., a Florida corporation, as Trustee; Paul Muehlberg and Beth Muehlberg, husband and wife; John Muehlberg; 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 DIRECT TO THE ABOVE-NAMED DEFENDANTS:

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 WITH 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:

Rolf H. Nycklemoe

Attorney at Law

106 East Washington Avenue

Fergus Falls, MN 56537

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's 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 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 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 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:

Those parts of the East Two-Thirds (E2/3) of Lot 11, Block 58 of the PLAT AMENDING THAT PORTION OF THE ORIGINAL PLATE OF FERGUS FALLS LYING SOUTH OF VASA AVENUE and an adjoining, unnumbered Lot in WRIGHT & MENDENHALL'S ADDITION TO FERGUS FALLS lying southerly of said east Two-Thirds (E2/3) of Lot 11 described as follows:

Commencing at the northeast corner of said Block 58; thence South 00 degrees 09 minutes 02 seconds West along the east line of said Block 58 and the southerly extension thereof a distance of 300.00 feet to a found iron monument on the northerly right of way line of Alcott Avenue; thence North 89 degrees 41 minutes 33 seconds West along the northerly right of way line of Alcott Avenue for 226.04 feet to the point of beginning at the intersection with the southerly extension of the east line of said Lot 11, Block 58; thence continuing North 89 degrees 41 minutes 33 seconds West along the northerly right of way line of Alcott Avenue for 50.26 feel to the intersection with the southerly extension of the west line of the East Two-Thirds (E2/3) of said Lot 11, Block 58; thence North 00 degrees 13 minutes 58 seconds East along the west line, and the southerly extension thereof, of the East Two-Thirds (E2/3) of said Lot 11, Block 58 a distance of 142.22 feet to the north line of said Lot 11, Block 58; thence South 89 degrees 40 minutes 07 seconds East along the north line of said Lot 11, Block 58 for 50.16 feet to the northeast comer of said Lot 11, Block 58; thence South 00 degrees 11 minutes 41 seconds West along the east line of said Lot 11, Block 58 and the southerly extension thereof for 142.20 feet to the point of beginning.

Containing 7,140 square feet, more or less, subject to casements, reservations and restrictions of sight or record, if any.

The object of this action is to obtain a judgment that Plaintiff is the owner, in fee simple, of the above-described real property, and that none of the said Defendants have any estate or interest therein or lien thereon.

That no personal claim is made by Plaintiff against any of the Defendants.

Dated this 23rd day of December, 2019

NYCKLEMOE & ELLIG, P.A.

By Rolf H. Nycklemoe

Atty. Regis. No. 230741

Attorneys for Plaintiffs

106 East Washington Avenue

Fergus Falls, Minnesota 56537

(218) 736-5673

rolf@nycklemoelaw.com

Attorney for Plaintiff

Publication Dates: January 9, 16, & 23, 2020

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