STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SHERBURNE
TENTH JUDICIAL DISTRICT
Case Type: Quiet Title
SUMMONS
Court File No. 71-CV-22-1006
Jesse J. Moore,
Plaintiff,
v.
Sherburne State Bank, 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 THE ABOVE NAMED DEFENDANTS:
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 REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. Your reply is called an Answer. You must give or mail to the person who signed this summons a written response called 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:
Chestnut Cambronne PA
Attn: Emeric J. Dwyer
100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401
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.
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.
YOU MAY 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 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.
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 www.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 South 25 acres of Government Lot Two (2) in Section Three (3), Township Thirty-four (34), Range Twenty-nine (29) in Sherburne County, Minnesota, EXCEPT those parts described as follows:
- That part thereof platted as Elk Ridge;
- The North 65 feet of that part lying East of the plat of Elk Ridge and West of Elk River;
- That part thereof conveyed in instrument recorded in the office of Sherburne County Recorder as Document No. 166026, described as follows: Commencing at the most Westerly comer of Lot 22 of Block 7, in the plat of Elk Lake Park in Sherburne County, Minnesota; thence Southeasterly along the Easterly line of Chippewa A venue in the plat of Elk Ridge, in said Sherburne County, Minnesota to an intersection with a line drawn parallel with and 65 feet South of the South line of said Lot 22, which point is hereinafter referred to as Point “A”; thence continuing along said East line of Chippewa A venue to a point that is 128.09 feet Southeasterly of the point of commencement; which is the point of beginning of the land to be described; thence return along the Easterly line of said Chippewa A venue to Said Point ‘A”; thence East parallel with the South line of said Lot 22 to the Northwesterly bank of Elk River; thence Southwesterly along said river to a point that is 87 feet South (when measured at right angles) of the South line of said Lot 22; thence Southwesterly to the point of beginning.
NOTICE IS FURTHER GIVEN that the object of this action is to obtain a judgment amending the legal description and boundary lines of the aforementioned Property.
NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.
Dated: August 15, 2022
CHESTNUT CAMBRONNE PA
By; /s/ Emeric J. Dwyer
Emeric J. Dwyer (#389471)
100 Washington Avenue South
Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
edwyer@chewstnutcambronne.com
ATTORNEYS FOR PLAINTIFF
(Published in the Patriot: 08/20/22; 08/27/22; 09/03/22.)
