Case Type: QUIET TITLE
The Estate of Mary Ellen Lietz,
Plaintiff,
v.
Oak Hill Cemetery, Oak Hill Cemetery Association, Louisa Webb; and all successors and assigns; also the unknown heirs of the aforesaid persons, and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the Complaint, subject to any easements of record,
Defendants.
SUMMONS
Court File No. 23-CV-21-412
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED DEFENDANTS:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s 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 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:
Gregory M. Schieber
NETHERCUT SCHIEBER PA
32 Main Ave N, PO Box 657
Harmony, MN 55939
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff 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 Plaintiff 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 the 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 Fillmore County, State of Minnesota, legally described as follows:
PARCEL 1: That part of the East One-Half of the Southwest Quarter (E 1/2 SW 1/4) of Section 35, Township 101 North, Range 11 West, Fillmore County, Minnesota, described as follows: Commencing at the Southeast Corner of said E 1/2 SW 1/4; thence South 89 degrees 51 minutes 57 seconds West (assumed bearing) along the South line of said E 1/2 SW 1/4, 511.98 feet to the point of beginning of the tract of land to be herein described; thence North 01 degree 15 minutes 32 seconds West, 258.07 feet; thence South 87 degrees 35 minutes 52 seconds West, 237.12 feet; thence North 02 degrees 28 minutes 16 seconds West, 790.57 feet; thence North 53 degrees 52 minutes 53 seconds West, 25.08 feet; thence North 89 degrees 39 minutes 10 seconds West, 172.62 feet; thence North 88 degrees 48 minutes 02 seconds West, 299.98 feet; thence South 00 degrees 04 minutes 09 seconds West, 1061.81 feet to said South line of said E 1/2 SW 1/4; thence North 89 degrees 51 minutes 57 seconds East along said South line, 770.75 feet to the point of beginning and containing 13.86 acres, more or less. Subject to easement for County Road No. 30 across the Southerly line thereof. Subject to any other easements of record.
PARCEL 2: That part of the East One-Half of the Southwest Quarter (E 1/2 SW 1/4) and that part of the West One-Half of the Southwest Quarter (W 1/2 SW 1/4) of Section 35, Township 101 North, Range 11 West, Fillmore County, Minnesota, described as follows: Commencing at the Southeast Corner of said E 1/2 SW 1/4; thence South 89 degrees 51 minutes 57 seconds West (assumed bearing) along the South line of said E 1/2 SW 1/4, 66.00 feet to the point of beginning of tract of the land to be herein described; thence continuing South 89 degrees 51 minutes 57 seconds West along said South line, 445.98 feet; thence North 01 degree 15 minutes 32 seconds West, 258.07 feet; thence South 87 degrees 35 minutes 52 seconds West, 237.12 feet; thence North 02 degrees 28 minutes 16 seconds West, 790.57 feet; thence North 53 degrees 52 minutes 53 seconds West, 25.08 feet; thence North 89 degrees 39 minutes 10 seconds West, 172.62 feet; thence North 00 degrees 15 minutes 29 seconds East, 307.14 feet; thence South 89 degrees 17 minutes 03 seconds West, 324.93 feet to the West line of said E 1/2 SW 1/4; thence North 00 degrees 19 minutes 26 seconds East along said West line, 1082.05 feet to a point 192.00 feet Southerly of the Northwest Corner of said E 1/2 SW 1/4 (when measured along said West line); thence North 70 degrees 44 minutes 51 seconds West, 569.76 feet to the North line of said W 1/2 SW 1/4 and to a point 539.00 feet Westerly of the Northeast Corner of said W 1/2 SW 1/4 (when measured along said North line); thence North 89 degrees 33 minutes 40 seconds East along said North line, 539.00 feet to said Northwest Corner of said E 1/2 SW 1/4; thence continuing North 89 degrees 33 minutes 40 seconds East along the North line of said E 1/2 SW 1/4, 1322.82 feet to the Northeast Corner of said E 1/2 SW 1/4; thence South 00 degrees 32 minutes 28 seconds West along the East line of said E 1/2 SW 1/4, 1814.88 feet to a point 825.00 feet Northerly of said Southeast Corner of said E 1/2 SW 1/4 (when measured along said East line); thence South 89 degrees 51 minutes 57 seconds West parallel with said South line of said E 1/2 SW 1/4, 66.00 feet; thence South 00 degrees 32 minutes 28 seconds West parallel with said East line of said E 1/2 SW 1/4, 825.00 feet to the point of beginning and containing 62.90 acres, more or less. Subject to easement for County Road No. 30 across the Southerly line thereof. Subject to any other easements of record.
8. The object of this action is to determine that the Defendants have no right, title, estate, interest or lien in or on the above described real estate.
NOTICE OF NO PERSONAL CLAIM. No personal claim is made against any of the Defendants in the action above entitled.
Dated: September 20, 2021 NETHERCUT SCHIEBER PA
/s/Gregory M. Schieber
Attorney for Plaintiff (#395855)
32 Main Avenue North | P.O. Box 657
Harmony, MN 55939-0657
(507) 886-6131 | greg@ranlaw.net
Publish 27,4,11
"Where Fillmore County News Comes First"
