STATE OF MINNESOTA

COUNTY OF POPE

IN DISTRICT COURT

EIGHTH JUDICIAL DISTRICT

COURT FILE NO. 61-CV-23-134

QUIET TITLE ACTION

SUMMONS

_________________________

Benjamin Duchene,

Plaintiff,

-vs-

Alvin E. Kirckof and Clarice Kirckof; Lavern M. Baldwin and Dolores A. Baldwin; Donald K. Rechtzigel and Corrine S. Rechtzigel; Virginia G. Culbertson; Kevin Duchene; Roger D. Kirckof and Bonnie E. Kirckof; Inga G. Brown; David A. Perseke and Karen M. Perseke; Kevin Shaw; Mary M. Olson; and Albert L. Koppen and all such other unknown heirs of all of said Defendants and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein, 

Defendants.

_________________________

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 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 to 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, Minnesota, legally described as follows:

EXHIBIT A

That part of vacated Block 29 and that part of vacated Washington Street, both in the TOWNSITE OF WESTPORT, according to the recorded plat thereof, being a part of the North Half of the Northeast Quarter, Section 23, Township 126 North, Range 36 West, Pope County, Minnesota, described as follows:

Commencing at the north quarter corner of said Section 23;

thence on an assumed bearing of North 89 degrees 32 minutes 11 seconds East along the north line of said North Half of the Northeast Quarter a distance of 1641.00 feet;

thence South 00 degrees 27 minutes 49 seconds East 200.00 feet to the point of beginning of the land to be described;

thence continuing South 00 degrees 27 minutes  49 seconds East 50.00 feet;

thence South 89 degrees 32 minutes 11 seconds West 129.00 feet;

thence South 00 degrees 27 minutes 49 seconds East  35.00 feet;

thence North 89 degrees 09 minutes 37 seconds West 14.12 feet;

thence South 89 degrees 35 minutes 24 seconds West 84.30 feet;

thence North 00 degrees 24 minutes 36 seconds West 15.00 feet;

thence South 89 degrees 40 minutes 30 seconds West 78.20 feet;

thence North 00 degrees 03 minutes 11 seconds East 69.88 feet;

thence North 89 degrees 37 minutes 26 seconds East 304.98 feet to the point of beginning. 

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: April 19, 2023.

Signed: Brianna Zuber Beckwith

Brianna Zuber Beckwith(#0389190)

Attorneys for the Plaintiff

14 Franklin Street S.

Glenwood, Minnesota 56334

Phone: (320) 634-4584

brianna@zuberlawmn.com

June 12, 19, 26