STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

TYPE OF CASE:  QUT

COURT FILE NO. 61-CV-19-362

SUMMONS

Ilene F. Lehtola and Jeffrey S. Lehtola; and Marcia L. Meichsner and Earl R. Meichsner, 

Plaintiffs,

vs.  

Osmon T. Gunderson, aka Osmund Tharaldson aka Osmond Tharaldson aka Ormand Tharaldson; Annie O. Tharaldson; Ole H. O. Tharaldson, Mary Hoff, O. V. Opheim, Bernadene Opheim, Warren L. Opheim, Jean Christy, Odin Tharaldson aka Odean Tharaldson aka Odean G. Tharaldson; Esther Tharaldson aka Esther A. Tharaldson; State of Minnesota, acting by and through its Department of Natural Resources; Kathleen Ann Smith and Karen Amy Johnson, subject to life estate in favor of Joseph C. Mickelson and Evelyn A. Mickelson; also the unknown heirs of the above-named individuals, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,

Defendants.

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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 on file in the office of the court administrator of the above-named court. 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 located at:

JOHNSTON LAW OFFICE, P.A.

Scott T. Johnston

Easton Place, 

510 22nd Avenue East #101

P.O. Box 1218

Alexandria, MN 56308

 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 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.  THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Douglas County, State of Minnesota, legally described as follows:

EXHIBIT A

All that part of Government Lot 6, Section 1, Township 123 North, Range 39 West, Pope County, Minnesota, lying south of the North 40.00 acres of said Government Lot 6. The south line of said North 40.00 acres in described as follows:

Commencing at the west quarter corner of said Section 1;

thence South 88 degrees 23 minutes 05 seconds East, assumed bearing, along the south line of Government Lot 5, said Section 1, a distance of 1312.81 feet to the west line of said Government Lot 6;

thence South 00 degrees 04 minutes  06 seconds West, along said west line, 44.35 feet to the point of beginning of said south line of the North 40.00 acres to be described;

thence South 88 degrees 52 minutes 13 seconds East 1312.51 feet to the east line of said Government Lot 6 and said south line there terminating.

Subject to easements, reservations or restrictions of record, if any.

The object of this action is to obtain Judgment declaring that Plaintiffs are the owners in fee simple absolute of the above-described Subject Property subject to the easement for access purposes described on the attached Exhibit B, and that the Defendants, and each of them, have no interest or estate in said property, nor lien thereon.

EXHIBIT B

A 24 foot easement for access purposes over, under and across that part of Government Lot 6, Section 1, Township 123 North, Range 39 West, Pope County, Minnesota, the centerline of said easement is described as follows:

Commencing at the west quarter corner of said Section 1;

thence South 88 degrees 23 minutes 05 seconds East, assumed bearing, along the south line of Government Lot 5, said Section 1, a distance of 1312.81 feet to the west line of said Government Lot 6;

thence South 00 degrees 04 minutes 06 seconds West, along said west line, 44.35 feet to Point A, said point being on the south line of the North 40.00 acres of said Government Lot 6;

thence continuing South 00 degrees 04 minutes 06 seconds West, along said west line, 17.53 feet to a point on a 54.55 foot radius curve which the center of circle of said curve bears North 09 degrees 56 minutes 33 seconds West from said point, and said point being the point of beginning of said centerline to be described;

thence northeasterly, along said centerline and along said curve, central angle 37 degrees 37 minutes 28 seconds, a distance of 35.82 feet to said south line of the North 40.00 acres of Government Lot 6 and said centerline there terminating, said south line of the North 40.00 acres bears South 88 degrees 52 minutes 13 seconds East from said Point A.

The sidelines of said easement shall be prolonged or shortened to terminate on said west line of Government Lot 6 and on said south line of the North 40.00 acres of Government Lot 6.

8.  NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the Defendants.

Dated this 12th day of March, 2020.

JOHNSTON LAW OFFICE, P.A.

By  /s/ Scott T. Johnston

Scott T. Johnston

Attorney Reg. No. 52334 

Attorney for Plaintiff

Easton Place

510 22nd Avenue East #101

P.O. Box 1218

Alexandria MN 56308-1218

320-762-8814

Johnston@johnstonlawoff.com

March 23, 30, April 6