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State of Minnesota, County of Lyon, District Court Fifth Judicial District

Court File No. 42-CV-13-1146

November 20, 2013
Marshall Independent

November 20, 27, December 4, 2013

STATE OF MINNESOTA

COUNTY OF LYON

DISTRICT COURT

FIFTH JUDICIAL DISTRICT

Case Type: Real Property

Todd Wayne Nelson, Tom E. Wisdorf

and Rose A. Wisdorf, Terry L. Timm

and Rebecca M. Timm,

SUMMONS

Court File No. 42-CV-13-1146

Plaintiffs,

vs.

John G. Schutz, Josie A. Schutz, Rollin H.

Schutz, Louise Schutz, Wallace S. Schutz,

John G. Schutz, Gladys M. Schutz, Nancy

Schutz, and also the unknown heirs of

John G. Schutz, Josie A. Schutz, Rollin H.

Schutz, Louise Schutz, Wallace S. Schutz,

John G. Schutz, Gladys M. Schutz, Nancy

Schutz, and all other persons unknown,

claiming any right, title, estate 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 Plaintiff has started a lawsuit against you. The Plaintiff's 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 TWENTY (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 twenty (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:

Paul E. Stoneberg

STONEBERG, GILES & STROUP, P.A.

300 South O'Connell Street

Marshall, MN 56258

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 twenty (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 MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Lyon County, State of Minnesota, legally described as follows:

Beginning at the Southeast Corner of Lot Fifteen (15), Block Five (5), Park Addition to the City of Cottonwood; thence West along the South line of Block 5, the Westerly extension of the South line of Block 5 and the South line of Block 4 a distance of 276.3 feet to the Southwest corner of Lot Two (2), Block Four (4) of Park Addition to the City of Cottonwood; thence South along the Southerly extension of the West line of said Lot Two (2), Block Four (4) to the South line of the North Half of the Southeast Quarter (N1/2 SE1/4) of Section Nine (9), Township One Hundred Thirteen (113), Range Forty (40); thence East along the South line of said N1/2 SE1/4 of Section 9-113-40 a distance of 267.3 feet; thence North to the point of beginning.

The object of this action is to determine adverse claims, and to seek partition pursuant to Minnesota Statutes Chapter 558.

Dated: November 12, 2013.

STONEBERG, GILES & STROUP, P.A.

By: /s/ Paul E. Stoneberg

Paul E. Stoneberg

Attorneys for Plaintiffs

300 South O'Connell Street

Marshall, MN 56258

Telephone: 507-537-0591

Attorney Reg. No: 105892

 
 
 

 

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