Summons - Schiller
STATE OF MINNESOTA
COUNTY OF STEELE
THIRD JUDICIAL DISTRICT
Action to Determine
Adverse Claims to
Case No.: 74-CV-18-1952
Jared P. Schiller and
Katherine A. Schiller,
Amelie Stursa, Emilie Stursa, Emelia Stursa,
Rudolph Stursa, Martha Stursa and any unknown assigns and
Successors of the above-named Defendants; and all other
persons unknown claiming any right, title, estate, interest
or lien in the real estate described in the Complaint herein,
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you.
The Plaintiff’s 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:
David L. Einhaus
Einhaus, Mattison, Carver & Haberman, P.A.
202 North Cedar Avenue/
P.O. Box 545
Owatonna, Minnesota 55060
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 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 ACTION INVOLVES, affects, or brings in question real property situated in the County of Steele, State of Minnesota, described as follows:
All that part of the N1/2 SE1/4 NE1/4 Section 28-T07N-R20W, Steele County, Minnesota, described as follows:
Beginning at the northeast corner of said N1/2; thence South 00° 28’ 43” West a distance of 219.47 feet, on the east line of said NE1/4 on an assumed bearing;
thence South 89° 59’ 16” West a distance of 571.24 feet, parallel to the north line of said N1/2;
thence North 00°28’ 43” East a distance of 219.47 feet, parallel to the east line of said NE1/4, to the north line of said N1/2;
thence North 89° 59’ 16” East a distance of 571.24 feet, to the point of beginning;
subject to a highway easement on the east side thereof and any other easements or restrictions of record, if any.
The object of this action is to obtain a judgment that Plaintiffs Jared P. Schiller and Katherine A. Schiller are the owners of that real estate and that none of the Defendants have any estate or interest therein.
EINHAUS, MATTISON, CARVER & HABERMAN P.A.
Dated: October 18, 2018. /s/ David L. Einhaus
David L. Einhaus
202 North Cedar Avenue
Owatonna, Minnesota 55060
Telephone: (507) 451-3580
Facsimile: (507) 451-3532
ATTORNEY FOR PLAINTIFF
The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minnesota Statutes §549.211, to the party against whom the allegations in this pleading are asserted.
Dated: October 18, 2018
CARVER & HABERMAN P.A.
By: /s/ David L. Einhaus
David L. Einhaus (#26190)
11/13, 11/20, 11/27