STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SHERBURNE
TENTH JUDICIAL DISTRICT
CASE TYPE: Other Civil
Quiet Title Action
Court File No. 71-CV-21-1307
SUMMONS
Rodrigo T. Barbosa and Dawn R. Peasha,
Plaintiffs,
vs.
Donald R. Nelson, Rose S. Nelson, Thomas R. Nelson, Dana C. Nelson, Steven J. Nelson, Joel M. Nelson, Kristi Nelson, Dennis D. Klein, Christine L. Klein, Thomas J. Hammer, Jr., as Trustee of the Thomas J. Hammer, Jr. Revocable Trust Agreement U/T/D December 10, 2015, Penney L. Hammer, as Trustee of the Penney L. Hammer Revocable Trust Agreement U/T/D December 10, 2015, R.D. Offutt Farms Co., a Minnesota Corporation, Hartkopf Farms, LLC, a Minnesota Limited Liability Company, Larry Czech and Renee M. Czech, and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein,
Defendants.
This Summons is directed to Defendants above-named.
- You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons. Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons.
- You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service.You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.gov/forms under the “Civil” category. The instructions will explain in detail how to fill out the Answer form.
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 think the Plaintiff should not be given everything they asked for in the Complaint, you must say that in your Answer.
- SERVICE: You may lose your case if you do not send a written response to the Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in their Complaint. If you agree with the claims stated in the Complaint, you don’t need to respond. A default judgment can than be entered against you for what the Plaintiff asked for in the Complaint.
To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address:
John T. Peterson
Johnson, Larson & Peterson, P.A.
908 Commercial Drive
Buffalo, MN 55313
- Carefully read the Instructions (CIV301) for the Answer for your next steps.
- Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attorney and would like legal help:
- Visit mncourts.gov/selfhelp and click on the “Legal Advice Clinics” tab to get more information about legal clinics in each Minnesota county.
- Court Administration may have information about places where you can get legal assistance.
NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights or you may lose the case.
- Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR.
- THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Sherburne County, State of Minnesota, legally described as follows:
The East 2 rods of the Northeast Quarter of the Southwest Quarter of Section 27, Township 35 North, Range 30 West, Sherburne County, Minnesota.
The object of this action is to procure a judgment that the Plaintiffs are the owners in fee simple absolute, of said real estate, and that the Defendants, and each of them, have no right, title, estate, interest, or lien herein or thereon, or in any part thereof.
JOHNSON, LARSON & PETERSON, P.A.
Dated: November 12, 2021
/s/ John T. Peterson, I.D.# 195108
Attorney for Plaintiffs
908 Commercial Drive
Buffalo, Minnesota 55313
Telephone: (763) 682-4550
557.03 NOTICE OF NO PERSONAL CLAIM - Pursuant to Minn. Stat. § 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.
JOHNSON, LARSON & PETERSON, P.A.
Dated: November 12, 2021
/s/ John T. Peterson, I.D.# 195108
Attorney for Plaintiff(s)
908 Commercial Drive
Buffalo, Minnesota 55313
Telephone: (763) 682-4550
(Published in the Patriot: 12/04/21; 12/11/21; 12/18/21).
