SUMMONS

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SUMMONS

STATE OF MINNESOTA
COUNTY OF SWIFT
IN DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
TYPE OF CASE: No. 14 OTHER CIVIL
Action to Determine Adverse Claims
File No. 76-CV-18-546
ESTATE OF JAMES W. AUST,
    Plaintiff,

vs.

All known heirs of James W. Aust (deceased),
all known beneficiaries of the James W. Aust
Revocable Trust, 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 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 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: 102 Parkway Drive, Montevideo, MN 56265.
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 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 Chippewa County, State of Minnesota, legally described as follows:
Southeast Quarter (SE1/4), Except the South ½ of the South ½ of the Southeast Quarter (SE1/4), Section Five (5), Township 121, Range 41.
The object of this action is to obtain the Judgment and Decree of the Court that Plaintiff is the owner in fee simple absolute of the property described above, free and clear of any rights of the Defendants.

Dated: October 26, 2018.
Stermer & Sellner, Chtd.
Andrew L. Hodny #0391717
102 Parkway Drive, P.O. Box 514
Montevideo, MN 56265
Telephone: (320) 269-6491
ATTORNEYS FOR PLAINTIFF

COMPLAINT

STATE OF MINNESOTA
COUNTY OF SWIFT
IN DISTRICT COURT
EIGHTH JUDICIAL DISTRICT
TYPE OF CASE: No. 14 OTHER CIVIL
Action to Determine Adverse Claims
File No. 76-CV-18-546

ESTATE OF JAMES W. AUST,
    Plaintiff,
vs.

All known heirs of James W. Aust (deceased),
all known beneficiaries of the James W. Aust
Revocable Trust, and all other persons unknown
claiming any right, title, estate, interest, or lien
in the real estate described in the complaint
herein.
    Defendants.
-------------------------------------------------------------------------------------------
Plaintiff, for his cause of action in the above-entitled matter, alleges and shows to the Court:
ACTION TO DETERMINE ADVERSE CLAIMS
I.
That Plaintiff, Estate of James W. Aust, is probated in Swift County, Minnesota.
II.
That Defendants may claim, or appear of record to claim, some estate or interest in or lien thereon adverse to the Plaintiff. James W. Aust Revocable Trust claims an interest through a quit claim deed whereby Grantor, James W. Aust, a single person conveyed and quitclaimed to James W. Aust Revocable Trust, Grantee, the described property. The quitclaim deed is dated August 21, 2011 and recorded in the Office of the County Recorder of Swift County on August 24, 2011 in Book 181 of Deeds on page 889 and as Document No. 233581.
III.
The Settlor of the James W. Aust Revocable Trust, James W. Aust, authored a Last Will, dated July 15, 2016, manifesting an intent to revoke all prior revocable trusts. However, no deed was executed to convey the described property from the James W. Aust Revocable Trust to James W. Aust, a single person. The Last Will is probated as Court File No. 76-PR-18-245.
WHEREFORE, Plaintiff asks judgment of this Court as follows:
1. Determining that Plaintiff is the owner of the premises and that the Defendants herein have no estate or interest therein or lien thereon.
2. That Plaintiff's title and all adverse claims to such lands, and the rights of all parties therein, respectively, be determined as follows: That Plaintiff, Estate of James W. Aust, is the absolute owner of the real estate described above in fee simple absolute.
3. For such other and further relief as the Court may deem just and reasonable.

Dated: October 26, 2018.

STERMER & SELLNER, CHTD.
Andrew L. Hodny #0391717
102 Parkway Drive
P.O. Box 514
Montevideo, MN 56265
Telephone: (320) 269-6491
ATTORNEYS FOR PLAINTIFF

ACKNOWLEDGMENT
  The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party or parties pursuant to M.S.A. §549.21, subd. 2.
Andrew L. Hodny

VERIFICATION
  BRENT TRADER, being first duly sworn on oath, states that he is a personal representative for the Estate of James W. Aust in the above-entitled proceeding, that he has read the foregoing Summons and Complaint, and knows the contents thereof and that the same is true of his own knowledge, except as to matters therein stated on information and belief, and as to those matters, believes it is true.
Brent Trader

VERIFICATION
  IRENE BORNHORST, being first duly sworn on oath, states that she is a personal representative for the Estate of James W. Aust in the above-entitled proceeding, that she has read the foregoing Summons and Complaint, and knows the contents thereof and that the same is true of her own knowledge, except as to matters therein stated on information and belief, and as to those matters, believes it to be true.
Irene Bornhorst

10-31-3c
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