STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

TYPE OF CASE:  QUT

COURT FILE NO. 61-CV-21-272

PUBLICATION SUMMONS

David A. Dero and 

Linda L. Torguson,

Plaintiffs,

vs. 

Donald J. Cooley, Jane E. Dvorsak-Cooley, Leroy Aaberg, Rita Aaberg, Michael A. Murken, Denise C. Murken, June Olson, aka June E. Olson, Daryl J.  Berghuis, Constance M. Berghuis, Robert W. Page, Individually and as Trustee of the Robert W. Page Trust dated September 9, 2005, Darren J. Berg, Kristen J. Berg, Kimberley A. Swensrud, Stanley M. Odegaard, Cheryl Leann Odegaard, Wesley C. Torgerson, Jeremiah Huseby, Marilyn Opal Booen, Individually and as Trustee of the Marilyn O. Booen Revocable Living Trust dated August 14, 2008, Michael Dinsmore, City of

Starbuck, and 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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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 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 or within sixty (60) days of service of the Summons on Defendant State of Minnesota, Department of Revenue.  You must send a copy of your Answer to the person who signed this Summons at 1017 Broadway, P.O. Box 819, Alexandria, Minnesota 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 21 days or within sixty (60) days of service of the Summons on Defendant State of Minnesota, Department of Revenue, 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. REAL ESTATE.  This lawsuit may affect or bring into question title to real property located in Pope County, State of Minnesota, legally described as follows:

Lot 8, Block 45, TOWNSITE OF STARBUCK, according to the recorded plat thereof.

AND

That part of the Northeast Quarter of the Northwest Quarter, Section 25, Township 125 North, Range 39 West, Pope County, Minnesota, described as follows:

Commencing at the northwest corner of said Section 25;

thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds East along the north line of said Section 25 a distance of 1342.00 feet;

thence South 00 degrees 34 minutes 29 seconds East 33.00 feet to the southerly right of way line of Trunk Highway No. 28;

thence South 90 degrees 00 minutes 00 seconds East along said southerly right of way line 100.00 feet;

thence South 00 degrees 34 minutes 29 seconds East 150.00 feet to the point of beginning of the land to be described;

thence North 90 degrees 00 minutes 00 seconds West 101.54 feet to the east line of Block 45, TOWNSITE OF STARBUCK, according to the recorded plat thereof;

thence South 00 degrees 06 minutes 04 seconds West along said east line and along the east line of platted 6th Street in said TOWNSITE OF STARBUCK, and along the east line of Block 56, said TOWNSITE OF STARBUCK, 450.00 feet;

thence South 90 degrees 00 minutes 00 seconds East 75.00 feet;

thence North 00 degrees 06 minutes 04 seconds East 225.00 feet;

thence South 90 degrees 00 minutes 00 seconds East 75.00 feet;

thence North 00 degrees 06 minutes 04 seconds East 225.00 feet to the intersection of a line bearing South 90 degrees 00 minutes 00 seconds East from the point of beginning;

thence North 90 degrees 00 minutes 00 seconds West 48.46 feet to the point of beginning.

Containing 1.32 acres more or less.  Subject to an existing access and utility easement of record.

NOTICE IS FURTHER GIVEN that the object of this action is to obtain Judgment declaring that Plaintiffs are the owners in fee simple absolute of the above-described premises, and that the Defendants, and each of them, have no interest or estate in said property, nor lien thereon.

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

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 23rd day of July, 2021.

THORNTON, DOLAN, BOWEN,

KLECKER & BURKHAMMER, P.A.

By: /s/ Thomas P. Klecker                  

Thomas P. Klecker

Atty. Reg. No. 295206

Attorney for Plaintiffs

1017 Broadway, P.O. Box 819

Alexandria, MN 56308

(320) 762-2361

Tklecker@thorntonlawoffice.com

Sept. 27, Oct. 4, 11