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Morrison Sund PLLC: Amended Summons-Houge v. Silker

Tuesday, May 14, 2019 - 6:09pm

STATE OF MINNESOTA
COUNTY OF CASS
DISTRICT COURT
NINTH JUDICIAL DISTRICT
Case Type: Other Civil/Misc.
Court File No. 11-CV-19-341
Joan M. Houge, as Guardian and
Conservator of Edward L. Silker
pursuant to Order Filed 10/29/2018,
Plaintiff,
v.
Anita Silker,
Defendant.
AMENDED SUMMONS
TO: THE ABOVE-NAMED
DEFENDANT ANITA SILKER:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Amended 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: Morrison Sund PLLC, 5125 County Road 101, Suite 200, Minnetonka, MN 55345.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs Amended Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiff should not be given everything asked for in the Amended Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED 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 Amended Complaint. If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Amended 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 Amended
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 AT:
a. 8107 Interlachen Road, Lake Shore, Cass County, Minnesota 56468, legally described as follows:
All of that part of Lot Ten (10), Section Sixteen (16), Township One Hundred Thirty-five (135), Range Twenty-nine (29), described as follows: Beginning at the point where the Northernly right of way boundary line of County Aid Road 77 as now established intersects the waters edge immediately north of the bridge on the easterly side of said lot; thence following such right of way line in a generally westerly direction for a distance of 605 feet; thence following westerly right of way boundary line of said road in a generally southerly direction a distance of 475.9 feet; thence directly west to the waters edge of Interlachen Bay on Gull Lake; thence following the waters edge in a Northeasterly direction and then in a Southeasterly direction to the point of beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County and State, except mineral reservations, easements and restrictions of record. Which lies southwesterly of the following described line: Commencing at the west quarter corner for said section 16and assuming the west line of said Section 16 bears North from said corner, run North 32 degrees 17 minutes 13 seconds east 477.87 feet; thence North 46 degrees 42 minutes, 45 second East 978.90 feet; thence North 62 degrees 33 minutes 28 seconds West 58.00 feet to an Iron monument on the Northwesterly right of way for County State Aid Highway Number 77 to the point of beginning for the line to be described; thence North 62 degrees 33 minutes 28 seconds west 140.95 feet more or less, to the waters edge of Interlachen Bay on Gull Lake and there ending. Subject to an easement across said tract for the existing Highway entrance across said tract to the portion of said land lying Northeasterly of the following described line.
PID: 90-016-2307.
b. 14721 Twilight Road, Onamia, Mille Lacs County, Minnesota, 56359, legally described as follows:
That part of Government Lot Two (2), Section Two (2), Township Forty-two (42), Range Twenty-seven (27), lying North of (New) Highway No. 169, and lying Westerly of the following described line, to-wit: Commencing at the intersection of the West line of Government Lot Three (3), Section Two (2), Township Forty-two (42), Range Twenty-seven (27), with the centerline of (new) U.S. Highway No. 169 as the same is now laid out and constructed, said West line having an assumed bearing of North and South, thence in an easterly direction along and upon the centerline of said (new) U.S. Highway No. 169 a distance of 1,512.90 feet to the actual point of beginning of the line to be hereby described; thence North 2 degrees, 04 minutes, 43 seconds East to the shoreline of Mille Lacs Lake and there terminating; subject to easements, reservations, restrictions and conditions of record; located in Mille Lacs County, Minnesota.
PID: 09-002-1100.
c. A parcel consisting of approximately 40 acres of unimproved land located in Bradbury Township, Mille Lacs County, Minnesota, legally described as:
The Southeast Quarter of the Northwest Quarter (SE NW ), Section Two (2), Township Forty-One (41), Range Twenty-Seven (27).
PID: 03-002-0600.
d. 10149 Bridgewater Court, Woodbury, Washington County, Minnesota 55129, legally described as follows:
Lot Six (6), Block Three (3), Powers Lake 3rd Addition, according to the plat thereof, on file and of record in the office of the Registrar of Titles, in and for Washington County, Minnesota.
Certificate of Title No. 77058.
The object of this action is to void transactions under Minn. Stat. 524.5-417(e) and under common law theories of fraud, unjust enrichment, undue influence, coercion, harassment and duress.
Date: April 9, 2019
MORRISON SUND PLLC
/s/ Cynthia Hegarty
Cynthia Hegarty (#0294627)
5125 County Road 101, Suite 200
Minnetonka, MN 55345
Telephone: (952) 975-0050
Facsimile: (952) 975-0058
Email: chegarty@morrisonsund.com
ATTORNEYS FOR PLAINTIFF
ACKNOWLEDGEMENT
Pursuant to Minn. Stat. 549.211, the undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded to the party against whom the allegations in this pleading are asserted if Plaintiff is found to be acting in bad faith and/or asserting a frivolous claim.
/s/ Cynthia L. Hegarty
05/08/19 - 05/22/19