STATE OF MINNESOTA
COUNTY OF CASS
DISTRICT COURT
NINTH JUDICIAL DISTRICT
Case Type: Quiet Title
Court File No. 11-CV-18-1872
AMENDED SUMMONS
Ann Marie Waterhouse; Beth E. Waterhouse; and Tom R. Waterhouse, Plaintiffs,
vs.
Alfred P. Matteson; Fern L. Matteson; James Matteson; Mississippi River Lumber Company; Charles R. Carlson; Carolyn S. Scherer; Edwin P. Waterhouse; Maeola Smith; Bradley J. Kleman, as Trustee of the Donald C. Kleman and Elsie A. Kleman Living Trust dated October 28, 2015; Bradley J. Kleman, as Trustee of the Bradley J. Kleman Trust dated July 27, 2018; M. Judith Sigvertsen, Trustee of the M. Judith Sigvertsen Trust dated June 7, 2004; State of Minnesota; the unknown heirs of any of the above-named Defendants who are deceased; and all other persons unknown claiming any right, title or interest in and to the real estate described in the Amended Complaint herein, Defendants. THIS AMENDED SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS. 1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs' Amended 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 Amended Summons. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Amended Summons a written response called an Answer within 20 days of the date on which you received this Amended Summons. You must send a copy of your Answer to the person who signed this Amended Summons located at: 30 Third Street SE, Suite 400
P.O. Box 549
Rochester, MN 55903-0549 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs' Amended Complaint. In your Answer, you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiffs should not be given everything asked for in the Amended Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED COMPLAINT TO THE PERSON WHO SIGNED THIS AMENDED 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 Amended Complaint. If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Amended 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 Amended 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 the County of Cass, State of Minnesota, legally described as follows: See Exhibit A attached hereto. The object of this action is to determine adverse claims and to establish Plaintiffs' title to the above-described property.
Dated: January 21, 2019
DUNLAP & SEEGER, P.A.
By /s/ William J. Ryan
William J. Ryan, Reg. No. 94900
Attorneys for Plaintiffs
30 Third Street SE, Suite 400
P.O. Box 549
Rochester, MN 55903-0549
Telephone: (507) 288-9111
Exhibit A
Lot Five (5), less the following portion previously sold: From a point Three Hundred Eighteen (318) feet East of the Northwest corner of said Lot 5 and on the North line of said Lot 5, a line in a Southeasterly direction continuing on a line drawn from a point One Hundred (100) feet due North of the Northwest corner of said Lot 5, through the point of origin, to the point of intersectionof said line with the Eastern boundary of said Lot 5; thence in a Northerly direction along the Eastern boundary of said Lot 5 to the point of intersection of the Eastern and Northern boundaries of said Lot 5; thence along the North line of said Lot 5 to the point of origin, AND that part of Lot Four (4), lying North of a line beginning at the Northwest corner of said Lot 4, and assuming the north line thereof bears North 89 degrees 03 minutes 59 seconds East; thence South 83 degrees 43 minutes 56 seconds East 285 feet, more or less, to the shoreline of Thunder Lake and there terminating; all in the First Addition to BirchwoodTerrace, Cass County, Minnesota. AND That portion of Government Lot Three (3), Section Eight (8), Township One Hundred Forty (140), Range Twenty-Six (26) West of the Fifth (5th) Principal Meridian, Cass County, Minnesota, described as follows, to-wit: Commencing at a point on the Northwest corner of Lot Five (5), First Addition to Birchwood Terrace; thence in an Easterly direction along the North line of said Lot Five (5) a distance of Three Hundred Eighteen (318) feet to a point; thence in a Northwesterly direction on a line extending through a point One Hundred (100) feet due North of the Northwest corner of said Lot Five (5), and continuing to a point on the Easterly boundary of the Township roadway; thence in a Southeasterly direction along the Easterly boundary of said Township roadway to point of beginning. Published in Northland Press: Tuesday, February 5, 2019, February 12, 2019 and February 19, 2019
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