STATE OF MINNESOTA

COUNTY OF OTTER TAIL

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Court File No. 56-CV-18-2185

Josie Norgren and Todd Weston,

Plaintiffs, 

vs.

Wilbert Pierce aka Wilbur Pierce; Elsie Pierce;

Estate of Wilbert Pierce aka Wilbur Pierce;

Jerry Pierce; Norma Pierce;

Floyd Stone; Yvonne Stone;

Estate of Floyd Stone aka Floyd Kenneth Stone;

Dale V. Pierce; Janet E. Pierce;

Donald Foss; Duella Foss;

Lee Gensrich; Joyce Gensrich;

Robert W. Reff; Diane M. Reff;

Helen E. Kutzer; Minnesota National Bank;

Harold Holthusen; John Darryl Holthusen;

Estate of Norma Pierce;

David J. Lider; Jennifer J. Lider;

Estate of Ardys B. Fryslie;

A.W. Fryslie;

Estate of Mathew V. Blaufuss;

Estate of A. Alberta Blaufuss;

Lois B. Norstrom;

Ernest A. Mathias ; Carol E. Mathias;

Lakeland Federal Savings & Loan, nka First Security Bank;

James W. Clarke; Patricia A. Clarke;

Gary S. Clarke; Charlotte M. Clarke;

United Community Bank; Debra Mooney;

Ronald Clinton Brown, aka Ronald C. Brown;

Ilene Geneva Brown, aka Ilene Brown, aka Ilene G. Brown;

Delaine Brown Haugen; Michael Haugen;

Doreen Hulbert; David Hulbert;

Darwin Brown; Daniel C. Brown;

Randall Hasse; Diane Hasse;

Daniel C. Brown, Trustee, or his successors in trust, 

under the Irrevocable Trust Agreement dated the 

12th day of February, 1999, of Ronald C. Brown 

and Ilene G. Brown;

Lake Region Co-op Electrical Association;

Bradley H. Erickson; Susan C. Erickson;

Bradley H. Erickson and Susan C. Erickson, trustees, 

or their successors in trust, of the Erickson Family 

Revocable Living Trust, Dated July 19, 2012;

and the unknown heirs, successors or assigns of any of the above and all other parties unknown claiming any right, title, estate, interest, or lien in the

real estate described in the Complaint,

Defendants.

SUMMONS

THIS SUMMONS IS DIRECT TO THE ABOVE-NAMED DEFENDANTS:

1. YOU, AND EACH OF YOU, ARE BEING SUED. The Plaintiffs have started a lawsuit against you.  The Plaintiffs’ 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 WITH 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:    

Krekelberg Law Firm, 213 S. Mill Street, Fergus Falls, MN  56537

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 Plaintiffs 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 Plaintiffs 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 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 Otter Tail County, State of Minnesota, legally described as follows:

See attached Exhibit A for legal description.

The object of this action is to determine boundary lines, right of adverse possession, and reformation of deed.

KREKELBERG LAW FIRM

Dated: 7/30/18

By:/s/  Chad D. Miller

Reg. No.:  386902

Attorneys for Plaintiffs

213 S. Mill Street

Fergus Falls, MN  56537

Phone:  218-739-4623

Fax:    218-739-0422

EXHIBIT A

Tract E

That part of Government Lot 1 in Section 27, Township 136 North, Range 42 West of the Fifth Principal Meridian in Otter Tail County, Minnesota described as follows: Commencing at a found iron monument which designates the east quarter corner of said Section 27; thence North 00 degrees 22 minutes 00 seconds East on an assumed bearing along the east line of said Section 27 for a distance of 252.96 feet to an iron monument; thence North 51 degrees 10 minutes 00 seconds West for a distance of 42.16 feet to an iron monument; thence South 00 degrees 22 minutes 00 seconds West parallel with the east line of said Section 27 for a distance of 300.24 feet to an iron monument; thence South 57 degrees 50 minutes 30 seconds West for a distance of 114.44 feet to an iron monument, said point is the point of beginning; thence continuing South 57  degrees 50 minutes 30 seconds West for a distance of 100.00 feet to a found iron monument; thence North 39 degrees 12 minutes 40 seconds West for a distance of 208.43 feet to an iron monument; thence continuing North 39 degrees 12 minutes 40 seconds West for a distance of 44 feet, more or less, to the water’s edge of Lake Lida; thence northeasterly along the water’s edge of said Lake Lida to the intersection with a line which bears North 39 degrees 04 minutes 58 seconds West from the point of beginning; thence South 39 degrees 04 minutes 58 seconds East for a distance of 29 feet, more or less, to an iron monument; thence continuing South 39 degrees 04 minutes 58 seconds East for a distance of 244.15 feet to the point of beginning. The above described tract contains 26,100 square feet, more or less. 

TOGETHER WITH AND SUBJECT TO a 33.00 foot wide easement for ingress and egress purposes, over, under and across that part of Government Lot 1, Section 27, Township 136, Range 42, Otter Tail County, Minnesota. The centerline of said easement is described as follows: Commencing at the East Quarter corner of said Section 27; thence South 00 degrees 23 minutes 04 seconds West on an assumed bearing along the east line of said Section 27 a distance of 1305.67 feet; thence South 89 degrees 15 minutes 30 seconds West a distance of 285.01 feet to the point of beginning of said centerline to be described; thence North 43 degrees 42 minutes 10 seconds East a distance of 73.28 feet; thence North 37 degrees 25 minutes 20 seconds East a distance of 244.27 feet; thence northerly 140.69 feet on a tangential curve concave to the northwest having a radius of 251.36 feet and a central angle of 32 degrees 04 minutes 07 seconds; thence North 05 degrees 21 minutes 13 seconds East a distance of 94.96 feet; thence North 00 degrees 44 minutes 56 seconds East a distance of 152.87 feet; thence North 01 degree 39 minutes 34 seconds West a distance of 352.96 feet; thence North 05 degrees 14 minutes 05 seconds West a distance of 161.12 feet; thence North 75 degrees 47 minutes 38 seconds West a distance of 159.04 feet and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the northeasterly right-of-way line of Pierce Lane and a line bearing South 57 degrees 51 minutes 34 seconds West from the East Quarter corner of said Section 27.

SUBJECT TO easements, restrictions and reservations of record, if any. 

3-27-3-c