STATE OF MINNESOTA COUNTY OF

STATE OF MINNESOTA
COUNTY OF MORRISON
IN DISTRICT COURT
SEVENTH JUDICIAL
DISTRICT
CV-12-1213
Rita Faust, William H. Faust,
and Sandra M. Faust,
Plaintiffs
-v-
William Zacharda, Agnes Zacharda,
Arthur A. Jahnke, Louise Jahnke,
Hilmer R. Deering, Gertrude M.
Deering, Agnes Ziebarth, William
Zacharda, Jr., Robert N. Zacharda,
Nellie Zacharda, Nicholas J.
Ziebarth, George Gammon, also
known as George E. Gammon,
Greg E. Gammon, Cathrine M.
Gammon, Lynn M. Houle,
Roxanne J. Lukasavitz, Kenneth R.
Lukasavitz, David L. Gammon,
Joan F. Gammon, Paul J.
Hindrichs, Alderic J. Doree, Shirley
A. Doree, Thomas R. Hanson,
Kathleen J. Hanson, Bruce D.
Coen, Cheryl Brady, June M.
Coen, as trustee of the June M.
Coen Revocable Trust Agreement
dated February 24, 2006, Ted R.
Kramer, Jane M. Kramer, Brian L.
Salisbury, Kim S. Salisbury, Jesse
P. Mitchell, Sheryl K. Mitchell,
Merchants Bank, NA, US Rank,
NA, Mortgage Electronic
Registration System (MERS),
Susan Marie Glimsdale, David
John Glimsdale, William Robert
Paulson, Daniel Robert Paulson,
the unknown heirs of William
Zacharda, and all other persons
unknown claiming any right,
title, estate, interest or lien in the
real estate described in the
complaint herein,
Defendants
AMENDED SUMMONS
THE STATE OF MINNESOTA 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: 100 First Street Southeast, Little Falls, Minnesota 56345.
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 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 Morrison County, State of Minnesota, legally described on Exhibits A and B attached to and made a part hereof, together with and subject to the easement described on Exhibit C attached to and made a part hereof. The object of this action is to determine the adverse claims of the above-named defendants, and each of them, in and to said real estate, and no personal claim is made against said defendants, or any of them.
GAMMELLO, QUALLEY,
PEARSON & MALLAK, PLLC
Michael P. Perry /s/
Michael P. Perry (#85285)
100 First Street Southeast
Little Falls, Minnesota 56345
(320) 632-3606
Attorneys for Plaintiffs
TRACT C: That part of Lots Nine, Ten and Eleven (9, 10 &11), Deering Bay Lots, on file and of record in the office of the County Recorder, Morrison County, Minnesota, described as follows: Commencing at the Southeast corner of Lot 10, said Deering Bay Lots; thence North 01 degrees 32 minutes 58 seconds East, assumed bearing, 6.44 feet along the East line of said Lot 10; thence North 80 degrees 25 minutes 40 seconds West 22.67 feet to the point of beginning; thence South 80 degrees 25 minutes 40 seconds East 22.67 feet to said East line of Lot 10; thence South 01 degrees 32 minutes 58 seconds West 6.44 feet along said East line of Lot 10 to said Southeast corner thereof; thence South 84 degrees 17 minutes 00 seconds West 100.16 feet along the South line of said Lot 10 to the Southwest corner thereof; thence North 00 degrees 10 minutes 42 seconds East 110.00 feet along the West line of said Lot 10 to the Southeast corner of said Lot 11; thence North 65 degrees 39 minutes 18 seconds West 18.84 feet along the South line of said Lot 11; thence North 09 degrees 42 minutes 58 seconds East 117 feet, more or less, to the shoreline of Lake Shamineau; thence southeasterly along said shoreline to its intersection with a line bearing North 07 degrees 59 minutes 40 seconds East from the point of beginning; thence South 07 degrees 59 minutes 40 seconds West 206 feet, more or less, to the point of beginning. All in accordance with a survey by Kevin Festler, RLS 22702, dated June 26, 2008.
TRACT E: The part of Gov- ernment Lot Five (5), Section Sixteen (16). Township One Hundred Thirty-two (132), Range Thirty-one (31), Morrison County, Minnesota, described as follows: Beginning at the Southeast corner of Lot Ten (10), Deering Bay Lots, on file and of record in the office of the County Recorder, Morrison County, Minnesota; thence South 84 degrees 17 minutes 00 seconds West, assumed bearing, 100.16 feet along the South line of said Lot 10 to the Southwest corner thereof; thence North 00 degrees 10 minutes 42 seconds East 110.00 feet along the West line of said Lot 10 to the Southeast corner of Lot Eleven (11), said Deering Bay Lots; thence North 65 degrees 39 minutes 18 seconds West 18.84 feet along the South line of said Lot 11; thence South 09 degrees 42 minutes 58 seconds West 156.23 feet; thence North 84 degrees 20 minutes 38 seconds East 150.02 feet; thence North 05 degrees 27 minutes 21 seconds East 32.51 feet to the South line of Lot Nine (9), said Deering Bay Lots; thence South 84 degrees 17 minutes 00 seconds West 9.58 feet along said South line of Lot 9 to the point of beginning. All in accordance with a survey by Kevin Festler, RLS 22702, dated June 26, 2008.
EXHIBIT A
TRACT D: That part of Lot Eleven (11), Deering Bay Lots, on file and of record in the office of the County Recorder, Morrison County, Minnesota, described as follows: Commencing at the Southeast corner of said Lot 11; thence North 65 degrees 39 minutes 18 seconds West 18.84 feet along the South line of said Lot 11 to the point of beginning; thence continuing North 65 degrees 39 minutes 18 seconds West 81.16 feet along the South line of said Lot 11 to the Southwest corner thereof; thence North 00 degrees 10 minutes 42 seconds East 103 feet, more or less, along the West line of said Lot 11 to the shoreline of Lake Shamineau; thence southeasterly along said shoreline to its intersection with a line bearing North 09 degrees 42 minutes 58 seconds East from the point of beginning; thence South 09 degrees 42 minutes 58 seconds West 117 feet, more or less, to the point of beginning. All in accordance with a survey by Kevin Festler, RLS 22702, dated June 26,2008.
TRACT F: That part of Lot Twelve (12), Deering Bay Lots, on file and of record in the office of the County Recorder, Morrison County, Minnesota, and that part of Government Lot Five (5), Section Sixteen (16), Township One Hundred Thirty-two (132), Range Thirty-one (31), said Morrison County, Minnesota, described as follows: Beginning at the Southwest corner of Lot Eleven (11), said Deering Bay Lots; thence South 65 degrees 39 minutes 18 seconds East, assumed bearing, 81.16 feet along the South line of said Lot 11 to a point 18.84 feet westerly of the Southeast corner of said Lot 11, said 18.84 feet being measured along said South line of Lot 11; thence South 09 degrees 42 minutes 58 seconds West 156.23 feet; thence South 84 degrees 20 minutes 38 seconds West 30.08 feet; thence North 00 degrees 07 minutes 01 seconds East 125.18 feet; thence North 65 degrees 55 minutes 48 seconds West 63.82 feet; thence North 00 degrees 17 minutes 49 seconds West 149 feet, more or less, to the shoreline of Lake Shamineau; thence southeasterly along said shoreline to its intersection with a line bearing North 00 degrees 20 minutes 42 seconds East from the point of beginning; thence South 00 degrees 10 minutes 42 seconds West 103 feet, more or less, to the point of beginning. All in accordance with a survey by Kevin Festler, RLS 22702, dated June 26, 2088.
EXHIBIT B
A 20.00 foot wide easement for ingress and egress, over and across that part of Lots Nine and Ten (9 & 10), Deering Bay Lots, on file and of record in the office of the County Recorder, Morrison County, Minnesota, and that part of Government Lot Five (5), Section Sixteen (16), Township One Hundred Thirty-two (132), Range Thirty-one (31), Morrison County, Minnesota, its centerline described as follows: Commencing at the Southeast corner of Lot Eleven (11), said Deering Bay Lots; thence North 65 degrees 39 minutes 18 seconds West, assumed bearing, 18.84 feet along the South line of said Lot 11 ; thence South 09 degrees 42 minutes 58 seconds West 79.54 feet to the point of beginning of said centerline to be described; thence South 64 degrees 42 minutes 53 seconds East 26.40 feet, thence South 76 degrees 02 minutes 42 seconds East 117.97 feet to a line hereinafter known as Line A and said centerline there terminating.
Line A is described as follows: Commencing at the Southeast corner of Lot 10, said Deering Bay Lots; thence North 01 degrees 32 minutes 58 seconds East, assumed bearing, 6.44 feet along the East line of said Lot 10; thence South 80 degrees 25 minutes 40 seconds East 9.87 feet to the point of beginning of said Line A; thence South 05 degrees 27 minutes 21 seconds West 36.37 feet, and said Line A there terminating. All in accordance with a survey by Kevin Festler, RLS 22702, dated June 26, 2008.
EXHIBIT C

PUBLISH: August 25; September 1, 8, 2013 (13830)

Comments Closed

up arrow