STATE OF MINNESOTA DISTRICT COURT
COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT
Case Type: Other Civil (quiet title)
Court File No. ______________
Wells Fargo Bank, N.A., Craig E. Schmidt, and Julie L. Schmidt,
Joseph Kramer; Emily Florin; Mortgage Electronic Registration Systems, Inc., as nominee for Marketplace Home Mortgage, LLC; Beth M. Faulhaber; The unknown heirs of Frank R. Faulhaber, deceased; Endura Financial Federal Credit Union; West Vik Farms, LLC; Lakeland Construction Finance, LLC, a Minnesota limited liability company; the unknown heirs of Thomas M. Clarkin, deceased; the unknown heirs of Hazel C. Clarkin, deceased; the unknown heirs of Fredricka Dalin, a/k/a Fredrica Dalin, deceased; the unknown heirs of Ella Dalin, a/k/a Ella Hallen, deceased; John Does Nos. 1 – 10; Mary Roe Nos. 1 – 10; XYZ Corporation Nos. 1 – 10; ABC Limited Liability Company No. 1 – 10; and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
THIS SUMMONS IS DIRECTED TO ALL 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, and if you are being served by publication it 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 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. If you are served by publication, the service of the summons shall be deemed complete 21 days after the first publication pursuant to Minnesota Rule of Civil Procedure 4.04(a)(5). You must send a copy of your Answer to the person who signed this summons located at:
Matthew A. Anderson
Mackall, Crounse & Moore, PLC
1400 AT&T Tower
901 Marquette Avenue
Minneapolis, MN 55402
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 FILE A WRITTEN RESPONSE TO THE COMPLAINT AND IF APPLICABLE 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 Washington County, State of Minnesota, known as 7409 North Shore Trail North, Forest Lake, Minnesota 55025 and which is properly legally described as follows:
Lot 20 and the northeasterly 8 feet of Lot 21, all in CEDAR PARK Washington County Minnesota, according to the recorded plat thereof, Washington County, Minnesota
Those parts of vacated Lake Avenue of said CEDAR PARK Washington County Minnesota, and Government Lot 3, Section 3, Township 32 North, Range 21 West, Washington County, Minnesota, described as follows:
Beginning at the most Easterly corner of Lot 20 of Cedar Park; thence southwesterly along the southeasterly line of Lots 20 & 21 to the southwesterly line of the northeasterly 8 feet of Lot 21; thence southeasterly on the projection of the southwesterly line of said northeasterly 8 feet to the following described Line A; thence northeasterly along said Line A to the southeasterly projection of the northeasterly line of said Lot 20; thence northwesterly along said southeasterly projection to the point of beginning.
Said Line A is described as follows:
Commencing at the Northeast corner of said Government Lot 3; thence Westerly along the North line of said Government Lot 3 a distance of 235.17 feet; thence South 0 degrees 32 minutes 24 seconds East (assuming the South line of said government Lot 3 has a bearing of South 89 degrees 42 minutes 00 seconds West) 408.17 feet; thence South 33 degrees 47 minutes 31 seconds West 140 feet; thence South 66 degrees 21 minutes 31 seconds West 41.72 feet; thence South 50 degrees 03 minutes 20 seconds West 364 feet; thence South 39 degrees 56 minutes 40 seconds East 60 feet; thence South 50 degrees 03 minutes 20 seconds West 25 feet; thence North 39 degrees 56 minutes 40 seconds West 60 feet, to the point of beginning ; thence South 50 degrees 03 minutes 20 seconds West 366.03 feet, and said Line A there terminating.
The purpose of this action is to (1) judgment reforming the vesting deed in favor of the Schmidts; (2) determining, adjudging and decreeing that Plaintiff is the fee owner of the Property, with such description as may ultimately be determined in the above-entitled action, subject to the lien of Plaintiffs mortgage; (3) determining, adjudging, and decreeing that defendants herein have no right, title, interest, estate or lien in or upon the Property, with such description as may ultimately be determined in the above-entitled action; and (4) for such other and further relief as the Court deems just and equitable.
Dated: October 8, 2013.
MACKALL, CROUNSE & MOORE, PLC
By: /s/ Matthew A. Anderson
Matthew A. Anderson, #284257
Patrick B. Steinhoff, #340352
1400 AT&T Tower
901 Marquette Avenue
Minneapolis, MN 55402
Attorneys for Plaintiff
10/30-11/13/13, Stillwater Gazette, Schmidt Summons, 48063