Summons – SUMMONS

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF MILLE LACS SEVENTH JUDICIAL DISTRICT

Other Civil

File No. 48-CV-17-1865

Brian C. Carroll

and Cathy J. Carroll,

Plaintiffs,

v.

James Erickson, Shirley Fisk, Phyllis Hammers, Dorean Bewley, Chad Bistodeau, Rossi Bistodeau Cannon, also the unknown heirs of Gordon E. Elmstrand, the unknown heirs of Grace J. Elmstrand and the unknown heirs of Suzanne M. Bistodeau,

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 or 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 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: Orme & Associates, Ltd., 4040 Nicols Road, Eagan, MN 55122.

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 Mille Lacs County, State of Minnesota, legally described as follows:

All that part of Government Lot One (1), Section Twelve (12), Township Forty-two (42), Range Twenty seven (27), Mille Lacs County, Minnesota. Starting at the meander corner on the section line common to Section 12, Township 42, Range 27 and Section 7, Township 42, Range 26, thence South along and upon said section line a distance of 47.8 feet to the center of County State Aid Highway #35 (formerly known as highway #169;) thence North 61 degrees 59 minutes West along and upon the center line of said highway, a distance of 862.4 feet to a point of beginning of the tract herein conveyed; thence South 28 degrees 06 minutes West a distance of 137.7 feet, with the line thus created designated as Line A; thence South 61 degrees 59 minutes East a distance of 40.0 feet; thence North 28 degrees 06 minutes East to the waters edge of Mille Lacs Lake; thence in a Northwesterly direction along and upon the waters edge of said lake to a point where the waters edge intersect Line A as extended, thence in a Southerly direction along and upon said Line A as extended to the point of beginning.

AND

Commencing at a point where the West line of said Lot 1 intersects the shore (highwater mark) of Mille Lacs Lake; thence running in a Southeasterly direction along the shore of said lake a distance of 679 feet to the actual point of beginning of the land to be described; thence South 21 degrees 13 minutes West a distance of 280 feet; thence Northwesterly at right angles to intersect the following described line: Commencing at said point where the West line of Lot 1 intersects the shore (highwater mark) of Mille Lacs Lake; thence running in a Southeasterly direction along the shore of said lake a distance of 660 feet to a point to be hereafter known as point A for the purposes of this description; thence continuing in a Southeasterly direction along said shore of Mille Lacs Lake a distance of 274 feet; thence South 21 degrees 13 minutes West a distance of 712 feet to the South line of Lot 1; thence West along the South line a distance of 464 feet, more or less, to the Southwest corner of said Lot 1; thence North along the West line of said Lot 1 a distance of 389.1 feet to the actual point of beginning of the line to be hereby described; thence North 49 degrees 35 minutes East a distance of 679.5 feet to the afore described point A and there terminating; thence North 49 degrees 35 minutes East along the last described line to intersect said shore line at said point A thence Southeasterly along said shore line to the point of beginning. Both of said tracts being subject to existing highway easements, Mille Lacs County, Minnesota.

Commonly: 13135 Twilight Road, Onamia, MN 56359

PID No. 09-012-0200

Dated: August 30, 2017. ORME & ASSOCIATES, LTD.

By /S/ DANA K. NYQUIST Michael J. Orme

Attorney No. 199333

Dana K. Nyquist

Attorney No. 250211

Attorneys for Plaintiffs

4040 Nicols Road

Eagan, MN 55122

Telephone: (651) 688-7646

Published in the

Union-Times

September 7, 14, 21, 2017

729804

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