(Published in the Brainerd Dispatch, November 11, 18, 25, 2020, 3t.
(Published in the Brainerd Dispatch, November 11, 18, 25, 2020, 3t.)
STATE OF MINNESOTA
COUNTY OF CROW WING
NINTH JUDICIAL DISTRICT
Judge: Kristine R. DeMay
CASE TYPE: OTHER CIVIL
(Declaratory Judgment; Quiet Title)
Court File No.: 18-CV-20-3261
James Whitman and Frank Whitman, III,
The Estate of Alfred Fellerman aka Alfred G. Fellerman, deceased; The Estate of Janis Fellerman, deceased; and all heirs and devisees of any of the above-named persons who are deceased; and all other persons who are deceased; and all other persons or entities claiming any right, title, estate, lien or interest in the real estate described in the Summons and Complaint herein and all other persons unknown claiming any right, title, interest, estate in or lien upon the real estate hereinafter described,
THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS.
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 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:
Heley, Duncan & Melander, PLLP
8500 Normandale Lake Blvd., Suite 2110
Bloomington, MN 55437
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.To be included only if this lawsuit affects title to real property:
THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Crow Wing County, Minnesota, legally described as follows:
The NE 1/4 of the NE 1/4 and the SE 1/4 of the NE 1/4 of Section 14, Township 47, Range 28, Crow Wing County, Minnesota.
(collectively, the "Property").
The object of this action is to obtain a court order and declaratory judgment as follows:
1.An order and declaratory judgment of this Court declaring Plaintiffs to be the fee owner of the Property free and clear of any interests of the Defendants.
2.An order and declaratory judgment of this Court determining all right, title, and interest in the Property.
3.For such other and further relief as this Court deems just and equitable.
HELEY, DUNCAN & MELANDER, PLLP
Dated: September 25, 2020By /s/ Jeffrey A. ScottJeffrey A. Scott (#0339416)
8500 Normandale Lake Boulevard
Minneapolis, Minnesota 55437
Attorneys for Plaintiffs
James Whitman and Frank Whitman, III
The undersigned hereby acknowledges that pursuant to Minn. Stat. § 549.211, subd. 2, costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing party or parties in this litigation if the court should find that the undersigned acted in bad faith, asserting a claim or defense that is frivolous and that is costly to the other party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to harass, or committed a fraud upon the court.
/s/ Jeffrey A. Scott
Jeffrey A. Scott