Summons – SUMMONS

STATE OF MINNESOTA

COUNTY OF SHERBURNE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Case Type: Quiet Title Action

Court File No: 71-CV-17-874

Malon C. Schmiege, Marlin J. Schmiege, and Merwin G. Schmiege,

Plaintiffs,

vs.

Mahlon Schmiege, aka Malon Schmiege, aka Malon G. Schmiege, Unknown heirs of Mahlon Schmiege, Betty R. Schmiege, aka Betty R. Waschek Schmiege, John Doe and Mary Roe, and any other persons claiming interest in and to the subject property,

Defendants.

THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you.

The Plaintiffs 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 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:

Black Law

812 Main Street, Suite 102

Elk River, MN 55330

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 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 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 Sherburne County, State of Minnesota, legally described as follows:

EXHIBIT A

The West Half of the Northwest Quarter, lying North of the South 561.0 feet (34 rods) thereof, and lying Northeasterly of U.S. Highway No. 169, in Section 22, Township 34, Range 26, Sherburne County, Minnesota,

EXCEPT therefrom the following described tract:

All that part of the West Half of the Northwest Quarter, Section 22, Township 34, Range 26, Sherburne County, Minnesota, described as follows: Commencing at the Northwest corner of said West Half of the Northwest Quarter; thence South 1 degree 12 minutes 08 seconds East, assumed basis of bearings, along the West line of said West Half of the Northwest Quarter a distance of 436.00 feet to intersect the Northeasterly line of the right-of-way of U.S. Highway No. 169, as now laid out and constructed; thence South 31 degrees 32 minutes 52 seconds East along said Northeasterly line of the highway right-of-way a distance of 855.77 feet to the actual point of beginning of the land to be described; thence North 57 degrees 22 minutes 00 seconds East a distance of 215.67 feet; thence South 31 degrees 08 minutes 00 seconds East a distance of 423.82 feet; thence South 58 degrees 52 minutes 00 seconds West a distance of 227.58 feet to intersect said Northeasterly line of the highway right-of-way; thence North 31 degrees 32 minutes 52 seconds West along said highway right-of-way a distance of 202.55 feet, more or less, to an angle point in said highway right-of-way; thence North 58 degrees 27 minutes 08 seconds East along said highway right-of-way a distance of 15.00 feet to another angle point in said highway right-of-way; thence North 31 degrees 32 minutes 52 seconds West along said highway right-of-way a distance of 215.52 feet, more or less, to the actual point of beginning.

ALSO EXCEPT therefrom the following described tract:

That part of the West Half of the Northwest Quarter (W1/2 of NW1/4) of Section Twenty-two (22), Township 34, Range 26, Sherburne County, Minnesota, lying northeasterly of the northeasterly line of the right-of-way of U.S. Highway No. 169 and lying northwesterly of a line described as commencing at the Northwest corner of said West Half of the Northwest Quarter of Section 22; thence South ldeg.128 East, assumed bearing, along the West line thereof 436 feet to intersect said northeasterly line of the highway right-of-way; thence South 31deg.3252 East along said Northeasterly line of the highway right-of-way 619.21 feet to the actual point of beginning of the line to be hereby described; thence North 58deg.2708 East 1173.95 feet, more or less, to intersect with and terminate at a point oh the East line of said West Half of the Northwest Quarter a distance of 329.94 feet South of the Northeast corner of said West Half of the Northwest Quarter. Subject to that part thereof taken for township road.

Abstract Property

The object of the action is to reform the legal description of the above described real property.

Dated: August 24, 2017

BLACK LAW

/s/ Ronald G. Black

Ronald G. Black, ID# 120893

Attorney for Plaintiffs

812 Main Street, Suite 102

Elk River, MN 55330

[email protected]

763.441.7040

Published in the

Star News

September 2, 9, 16, 2017

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