Tricounty News

Legals

Summons for lawsuit

,

Plaintiff, SUMMONS

v.

William Roman Capital One Bank (USA) N.A. f/k/a Capital One Bank, LVNV Funding LLC,

Defendants.

Court File No. 73-CV-12-8587

THIS SUMMONS IS DIRECTED TO THE ABOVE NAMED DEFENDANTS;

1. YOU ARE BEING SUED.  The Plaintiffs have 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 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:

Bradley N. Beisel

Beisel & Dunlevy, P.A.

282 U.S. Trust Center

730 Second Ave. S.

Minneapolis, MN 55402-2444

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.

1. 7.  THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in the County of Stearns, commonly known as 10198 Willow Creek Rd, Kimball, MN, 55353 legally described as:

That part of the Southwest Quarter of the Northwest Quarter (SW ¼ NW ¼) of Section 10, in Township One Hundred Twenty-one (121) North, of Range Twenty-nine (29) West, in Stearns County, Minnesota, described as follows, to-wit: Beginning at the North edge of State Aid Road No. 150, at a point 495 feet East of the West line of said SW ¼ of the NW ¼; thence North and parallel with the West line of said SW ¼ of the NW 1/4, a distance of 104 feet; thence East and parallel with the North line of said State Aid Road No. 150, a distance of 209 feet; thence South and parallel with the West line of said SW ¼ of the NW ¼, a distance of 104 feet to the North edge of said State Aid Road No. 150, a distance of 209 feet to the point of beginning and there terminating, Stearns County, Minnesota.

AND

That part of the Southwest Quarter of the Northwest Quarter, Section 10, Township 121, Rage 29, Stearns County, Minnesota, described as follows:

Commencing on the northerly right of way line of State Aid Road Number 150 at a point 495.00 feet east of the west line of said Southwest Quarter of the Northwest Quarter; thence north parallel with said West line 104.00 feet to the point of beginning of the land to be described; thence easterly parallel with said northerly right of way line 209.00 feet; thence south parallel with said west line 104.00 feet to said northerly right of way line; thence easterly on said northerly right of way line to the west line of Willow Wood Two, according to the recorded plat thereof; thence north on last mentioned west line to the north line of said Southwest Quarter of the Northwest Quarter; thence west on said north line to the intersection with a line drawn north parallel with the West line of said Southwest Quarter of the Northwest Quarter from the point of beginning; thence south on last mentioned parallel line to the point of beginning. 

Said land being conveyed for the purpose of attachment to a contiguous tract adjacent to the southwest and which said land hereafter shall not be considered a separate tract, lot, parcel or subdivision of land for purposes of conveyance, but rather a part of the tract to which it is being attached, unless said land shall become part of a duly recorded plat. 

(referred to as the “ Subject Property” and the “Complete Legal Description.”)

The purpose of this action is to obtain an Order for the following relief: 

1. Reforming Mortgage Document No. 1075987, nunc pro tunc, to state the Complete Legal Description as follows:

That part of the Southwest Quarter of the Northwest Quarter (SW ¼ NW ¼) of Section 10, in Township One Hundred Twenty-one (121) North, of Range Twenty-nine (29) West, in Stearns County, Minnesota, described as follows, to-wit: Beginning at the North edge of State Aid Road No. 150, at a point 495 feet East of the West line of said SW ¼ of the NW ¼; thence North and parallel with the West line of said SW ¼ of the NW 1/4, a distance of 104 feet; thence East and parallel with the North line of said State Aid Road No. 150, a distance of 209 feet; thence South and parallel with the West line of said SW ¼ of the NW ¼, a distance of 104 feet to the North edge of said State Aid Road No. 150, a distance of 209 feet to the point of beginning and there terminating, Stearns County, Minnesota.

AND

That part of the Southwest Quarter of the Northwest Quarter, Section 10, Township 121, Rage 29, Stearns County, Minnesota, described as follows:

Commencing on the northerly right of way line of State Aid Road Number 150 at a point 495.00 feet east of the west line of said Southwest Quarter of the Northwest Quarter; thence north parallel with said West line 104.00 feet to the point of beginning of the land to be described; thence easterly parallel with said northerly right of way line 209.00 feet; thence south parallel with said west line 104.00 feet to said northerly right of way line; thence easterly on said northerly right of way line to the west line of Willow Wood Two, according to the recorded plat thereof; thence north on last mentioned west line to the north line of said Southwest Quarter of the Northwest Quarter; thence west on said north line to the intersection with a line drawn north parallel with the West line of said Southwest Quarter of the Northwest Quarter from the point of beginning; thence south on last mentioned parallel line to the point of beginning. 

Said land being conveyed for the purpose of attachment to a contiguous tract adjacent to the southwest and which said land hereafter shall not be considered a separate tract, lot, parcel or subdivision of land for purposes of conveyance, but rather a part of the tract to which it is being attached, unless said land shall become part of a duly recorded plat. 

2. Determining that the above instrument was valid and effective at the time of execution notwithstanding the Incomplete Legal Description therein.

3. Determining that the Mortgage, Document No. 1075987, is valid and enforceable notwithstanding the Incomplete Legal Description therein.

4. Determining that the Mortgage, Document No. 1075987, as reformed, is in all respects prior and superior to the Capital One Judgment docketed on February 5, 2007 as Stearns County Case No. 73-C9-07-000501.

5. Determining that the Mortgage, Document No. 1075987, as reformed, is in all respects prior and superior to the LVNV Judgment docketed on March 26, 2007 as Stearns County Case No. 73-CV-07-1003.

6. Determining that the Subject Property is exempt from the Capital One Judgment and the LVNV Judgment under the homestead exemption of Minnesota Statutes, Chapter 510.

557.03 NOTICE OF NO PERSONAL CLAIM

Pursuant to Minn. Stat. § 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.

BEISEL & DUNLEVY, P.A.

Dated: _________________

By:_____________________

Bradley N. Beisel #6191

282 U.S. Trust Building 

730 Second Avenue South

Minneapolis, MN  55402-2444

Telephone:  (612) 436-2222

Attorneys for Plaintiff

Published in the Tri-County News Thursdays, Dec. 6,  13, and 20, 2012.