STATE OF MINNESOTA
COUNTY OF FILLMORE
DISTRICT COURT
THIRD JUDICIAL DISTRICT
Case Type: Civil / Other
Court File No. 23-CV-20-189
AMENDED SUMMONS AND NOTICE
OF NO PERSONAL CLAIM
Cardinal Financial Company,
Limited Partnership
Plaintiff,
vs.
Troy Windsor, John Doe, and Mary Roe
Defendants.
THE STATE OF MINNESOTA 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 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 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. You must send a copy of your Answer to the person who signed this summons located at:
Adam Soczynski
Usset, Weingarden & Liebo, P.L.L.P.
4500 Park Glen Road, #300
Minneapolis, MN 55416
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 21 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 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, located at 412 Cottage Grove Avenue SE. Preston, MN 55965 legally described as follows to wit:
Lot 2, Block 1, Parkside Plaza, Fillmore County, Minnesota.
The purpose of this action is to seek a court order declaring that (1) declaring that the Mortgage dated October 29, 2018, recorded November 14, 2018, as Document No. 419643 is reformed, nunc pro tunc, to correct the scrivener’s error in the legal description.
NOTICE OF NO PERSONAL CLAIM
No personal claim is made against any Defendant in this action. If any Defendant on whom this notice is served unreasonably defends this action, that Defendant shall pay full costs to the Plaintiff pursuant to Minn. Stat. §557.03.
Dated: April 14, 2020
USSET, WEINGARDEN & LIEBO, P.L.L.P.
By: /s/ Adam Soczynski
Adam Soczynski, No. 0263805
Attorney for Plaintiff
4500 Park Glen Road, #300
Minneapolis, MN 55416
(952) 925-6888
Publish 1,8,15