STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

Court File No. 61-CV-19-347

Quiet Title Action

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Jestus Investments, LLC, a Minnesota limited liability company,

Plaintiffs,

-vs-

State of Minnesota, Pope County, C. Parker McClure, Albert G. Whitney, Charles Austin Wheelock, Daniel Cassell, Mattie Stuart, Agnes Stuart, Elias Kellermann, Bert H. Doty, Alvina Kellerman, Augusta Abraham, A. H. F. Schauer, Albert F. Baggenstoss, Emma M. Baggenstoss, Harold G. Seabloom, Alma M. Seabloom, Wallace J. Heidelberger, Hazel M. Heidelberger, Raymond A. Heidelberger, Judy K. Heidelberger, Reed Heidelberger, Raymond Heidelberger and Judy Heidelberger as Trustees of the Raymond Heidelberger and Judy Heidelberger Revocable Trust Agreement dated December 16, 2002, Tory Thorson, George M. Lee, Celia Perkins, J. L. Boylson, William J. Nehls, John R. Cronin, Anna Cronin, Herman Stucke, Elmer Schauer, Eleanor Hastings, Ross Hastings, Doris Harthun, Becky Thoms, Linda Schletz, Jonathan Schletz, Orlin Karels, Scott Karels, Mark Karels, Rosemary Zitzloff, Michael Zitzloff, Heidi Root, Lloyd A. Nelson, Helen T. Nelson, Lloyd A. Nelson, Jr., and all other persons known or unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein, 

Defendants.

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SUMMONS

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THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:

1. 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 WITHIN 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 at 14 S. Franklin St., Glenwood, MN 56334.

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. ALTERNATE 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 alternate means of resolving this dispute.

7. This lawsuit may affect or bring into question title to real property located in Pope County, State of Minnesota, legally described as follows:

EXHIBIT “A”

That part of Government Lot 4, Section 14, Township 126 North, Range 37 West, Pope County, Minnesota, described as follows:

Commencing at the northwest corner of said Government Lot 4;

thence on an assumed bearing of South 00 degrees 04 minutes 33 seconds East along the west line of said Government Lot 4 a distance of 83.35 feet to the centerline of County State Aid Highway No. 28;

thence southeasterly along said centerline and along a non-tangential curve, concave to the southwest, radius 1637.02 feet, central angle 31 degrees 27 minutes 36 seconds 898.85 feet, the chord of said curve bears South 56 degrees 20 minutes 59 seconds East 887.61 feet;

thence South 40 degrees 37 minutes 11 seconds East along tangent and along said centerline 412.94 feet to the northerly most corner of CANARY BEACH, according to the recorded plat thereof, and this to be the point of beginning of the land to be described,

thence reversing North 40 degrees 37 minutes 11 seconds West along said center line 412.94 feet;

thence northwesterly along aforesaid 1637.02 foot radius curve, central angle 21 degrees 57 minutes 14 seconds 627.25 feet to the east line of the north-south road as dedicated in the recorded and corrected plat of SCHAUER’S ADDITION;

thence South 00 degrees 37 minutes 27 seconds West along said east line of the north-south dedicated road 804.60 feet to the north line of the east-west road as dedicated in said SCHAUER’S ADDITION;

thence North 81 degrees 57 minutes 09 seconds East along said north line 8.08 feet to the northeast corner of said east-west road;

thence South 00 degrees 10 minutes 07 seconds East along the east line of said SCHAUER’S ADDITION 200 feet more or less to the shoreline of Lake Villard;

thence easterly along said shoreline to the intersection of the westerly line of CANARY BEACH;

thence North 11 degrees 52 minutes 09 seconds East along said westerly line 308 feet more or less to the point of beginning.

Containing 12.2 acres more or less. Subject to an existing County State Aid Highway No. 28 easement of record over the northeasterly portion thereof.

AND

That part of Government Lot 4, Section 14, Township 126 North, Range 37 West, Pope County, Minnesota, described as follows:

Commencing at the northwest corner of said Government Lot 4;

thence on an assumed bearing of South 00 degrees 04 minutes 33 seconds East along the west line of said Government Lot 4 a distance of 83.35 feet to the centerline of County State Aid Highway No. 28 and this to be the point of beginning of the land to be described;

thence southeasterly along said centerline and along a non-tangential curve, concave to the southwest, radius 1637.02 feet, central angle 08 degrees 43 minutes 28 seconds 249.27 feet to the west line of the north-south road as dedicated in the recorded and corrected plat of SCHAUER’S ADDITION, the chord of said curve bears South 67 degrees 43 minutes 02 seconds East 249.03 feet;

thence South 00 degrees 37 minutes 27 seconds West along said west line of the dedicated north-south road 817.59 feet to the north line of the east-west road as dedicated in said SCHAUER’S ADDITION;

thence South 81 degrees 57 minutes 09 seconds West along said north line 222.47 feet to said west line of Government Lot 4;

thence North 00 degrees 04 minutes 33 seconds West along said west line of Government Lot 4 a distance of 943.11 feet to the point of beginning.

Containing 4.58 acres more or less. Subject to an existing County State Aid Highway No. 28 easement of record over the northerly portion thereof.

AND

Lots 1 and 2, Schauer’s Addition, together with vacated road in document no. 275046 as it abuts said Lots 1 and 2, Schauer’s Addition.

AND

Lot 1, Canary Beach

ALTERNATIVE DISPUTE RESOLUTION PROCESS

MINNESOTA STATUTE §543.22 REQUIRES US TO PROVIDE YOU WITH A STATEMENT CONTAINING INFORMATION ABOUT ALTERNATIVE DISPUTE RESOLUTION PROCESSES AS SET FORTH IN MINNESOTA GENERAL RULES OF PRACTICE (MGRP). PARTIES TO A CIVIL ACTION ARE ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO MINNESOTA LAW. ALTERNATIVE DISPUTE RESOLUTION INCLUDES MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT PROGRAM.

Dated this 13th day of August, 2019.

NELSON, KUHN & NORDMEYER, LTD.

BY: /s/ Jeffrey D. Kuhn 

Jeffrey D. Kuhn  #58907

Attorneys for the Plaintiffs

14 S. Franklin Street

Glenwood, Minnesota 56334

Phone (320) 634-4584

Sept. 9, 16, 23