STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SHERBURNE
TENTH JUDICIAL DISTRICT
case type: Quiet Title
court file no. 71 CV 20 630
Mary Ann Poirier, as trustee of the
Mary Ann Poirier Trust under agreement
dated November 3, 2017,
plaintiff,
vs.
Frank Link and Mary Link,
Joseph H. Hoehn and Eunice G. Hoehn,
Jack R. Leeman and Barbara A. Leeman,
Russell Girtz and Kelley Girtz,
Also the unknown heirs of Frank Link, Mary Link,
Joseph H. Hoehn and Eunice G. Hoehn,
and all other persons unknown claiming any
right, title, estate, interest, or lien in the real estate
described in the complaint herein,
defendants.
SUMMONS
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED PERSONS:
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 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written responsecalled an Answer within 21 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:
Sam V. Calvert
1011 2nd St N. STE 107
St. Cloud MN 56303
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 21 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:
Those parts of Government Lots 3 and 4, Section 35, Township 33, Range 28, Sherburne County, Minnesota described as follows: Commencing at the northwest corner of said Government Lot 4; thence on an assumed bearing of South 88 degrees 51 minutes 29 seconds East along the north line of said Government Lot 4 a distance of 1323.88 feet to the intersection of the northerly extension of the east line of Stephen’s Point, according to the recorded plat thereof; thence South 00 degrees 01 minute 28 seconds West along the east line of Stephen’s Point and its northerly and southerly extensions a distance of 1348.73 feet to the southwesterly right-of-way line of 187th Avenue N.W. (formerly County Road No. 50); thence South 36 degrees 09 minutes 11 seconds East along said southwesterly right-of-way line a distance of 28.17 feet to the point of
beginning of the parcel to be described; thence return North 36 degrees 09 minutes 11 seconds West along said southwesterly right-of-way line a distance of 96.53 feet to the southeasterly line of River Acres, according to the recorded plat thereof; thence South 47 degrees 34 minutes 03 seconds West, along the said southeasterly line of River Acres a distance of 304 feet, more or less, to the shoreline of the Mississippi River; thence southeasterly along said shoreline a distance of 147 feet, more or less, to a line bearing South 38 degrees 13 minutes 21 seconds West from the point of beginning; thence North 38 degrees 13 minutes 21 seconds East a distance of 243 feet, more or less, to the point of beginning.
The object of this action is to determine that plaintiff is the owner in fee simple absolute of the land described as set above, subject to the rights of the United State of America and the State of Minnesota regarding the portion of the said land lying between the natural high water mark and the natural low water mark for navigation, commerce and fishery purposes; that defendants have no interest in, nor lien upon any of said land; and that the boundary lines between the Plaintiffs Property and the adjoiners defendants Jack R. Leeman and Barbara A. Leeman on the northwest side of the Plaintiffs Property and the adjoiners Russell Girtz and Kelley Girtz on the southeast side of the Plaintiffs Property are as stated in the legal description set forth above.
/ s / Sam Calvert
Dated: May 18, 2020
Sam V. Calvert MN# 1431X
ATTORNEY FOR PLAINTIFF
1011 2nd St N. STE 107
St. Cloud MN 56303
Telephone: 320-252-4473
(Published in the Citizen-Tribune: 06/13/20; 06/20/20; 06/27/20).
