STATE OF MINNESOTA

IN DISTRICT COURT

COUNTY OF OTTER TAIL

IN DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Court File No. 56-CV-19-1563

Mark D. Rethwisch and 

Jamie A. Rethwisch,

Plaintiffs, 

vs.

Dalvin E. Carlson; Elaine J. Carlson; Dorance B. Wicks; Audrey E. Wicks; Arnold E. Kempe; Barbara J. Kempe; Bradley W. Carlson; Thomas E. Carlson; Bonnie L. Carlson; Orval V. Decker; Irene C. Decker; James C. Johnson; Carol R. Johnson; James C. Johnson and Carol R. Johnson, Trustees, or their successors in trust, under the Johnson Family Revocable Living Trust dated the 20th day of December, 2007, and any amendments thereto; Randy Seiple; Corinne Seiple; Ital Beckman, aka Eithal Beckman; Andrew Ripley; Bell Bank; DSB Johnston Land Company; 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.

Dated:   6/4/19

KREKELBERG LAW FIRM

By: /s/ Chad D. Miller 

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

The Northeast Quarter (NE¼) of the Southwest Quarter (SW¼) of Section 5, Township 134, Range 42; together with a twenty (20) foot strip of land located over and across the following described real property located in Otter Tail County, Minnesota:  The SE1/4 of Section 6, Township 134, Range 42 and the Northwest Quarter (NW1/4) of Southwest Quarter (SW1/4) of Section 5, Township 134, Range 42, EXCEPT the North 300 feet of the West 300 feet of said Northwest Quarter (NW1/4) of Southwest Quarter (SW1/4), Section 5, Township 134, Range 42; and 

Access Easement Description

All that part of the Northeast Quarter of the Southeast Quarter of Section 6, and the Northwest Quarter of the Southwest Quarter of Section 5, all of Township 134 North, Range 42 West of the Fifth Principal Meridian, Friberg Township, Otter Tail County, Minnesota, described as follows:

A 20 foot wide access easement, 10 feet on each side of the following described easement center line which begins at a point that bears South 89 degrees 22 minutes 33 seconds West a distance of 10.00 feet from the West Quarter Corner of said Section 5; thence said center line follows the following course:  South 0 degrees 37 minutes 27 seconds East and parallel with the West line of said Northwest Quarter of the Southwest Quarter of Section 5, a distance of 300.00 feet; thence South 5 degrees 57 minutes 15 seconds East a distance of 434.74 feet; thence South 14 degrees 40 minutes 29 seconds East a distance of 181.64 feet; thence South 80 degrees 46 minutes 45 seconds East a distance of 176.02 feet; thence South 87 degrees 53 minutes 46 seconds East a distance of 107.65 feet; thence South 75 degrees 19 minutes 21 seconds East a distance of 84.84 feet; thence South 41 degrees 06 minutes 55 seconds East a distance of 402.63 feet; thence South 71 degrees 58 minutes 25 seconds East a distance of 161.67 feet; thence North 77 degrees 56 minutes 06 seconds East a distance of 95.07 feet; thence North 21 degrees 27 minutes 38 seconds East a distance of 104.26 feet; thence North 52 degrees 03 minutes 16 seconds East a distance of 72.23 feet; thence North 5 degrees 24 minutes 09 seconds East a distance of 88.32 feet; thence North 52 degrees 20 minutes 53 seconds East a distance of 96.75 feet; thence North 32 degrees 20 minutes 29 seconds East a distance of 114.56 feet; thence North 47 degrees 19 minutes 43 seconds East a distance of 126.44 feet; thence North 17 degrees 47 minutes 11 seconds East a distance of 50.56 feet to the east line of said Northwest Quarter of the Southwest Quarter of Section 5; thence continuing North 17 degrees 47 minutes 11 seconds East a distance of 57.50 feet to an iron monument with cap marked RLS 10941, and there said center line terminates.

The side line of said 20 foot wide access easement shall be extended or shortened to commence on the north line of said Northeast Quarter of the Southeast Quarter of Section 6, and make a continuous 20 foot wide access easement through each point of intersection, and terminate on the east line of said Northwest Quarter of the Southwest Quarter of Section 5.

8-28-3-c