First Publication Date
Wednesday, April 1, 2009
STATE OF MINNESOTA
COUNTY OF WINONA
THIRD JUDICIAL DISTRICT
Court File No. 85-CV-09-640
Brian K. Behling and Laura Connor Behling, husband and wife as joint tenants;
Robert Hungerford, a/k/a Robert B. Hungerford; Paul Loeschke, a/k/a Paul Laschke and Anna Loeschke, a/k/a Anna Laschke, his wife; Lora I. Beseler, a/k/a Lora Beseler and F.W. Beseler, a/k/a Frederick W. Beseler, a/k/a Frederick William Beseler, her husband; Herbert F. Loeschke; Russell Royce and Larry Sather, co-partners doing business as Royce & Sather Construction Co. of the County of Winona of Winona and State of Minnesota; Russell Royce and Lawrence M. Sather, co-partners, dba Royce & Sather Construction Co., a co-partnership; Standard Lumber Co., a corporation under the laws of the State of Minnesota; Joseph Lucas and Anna Lucas, his wife; also all other persons unknown, as well as unknown heirs of any person, claiming any right, title, estate, interest, or lien in the real estate described in the Complaint herein,
THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS:
YOU, AND EACH OF YOU, are hereby summoned and required to answer the Complaint of the Plaintiffs, which is on file in the office of the Court Administrator of the above named Court, and to serve a copy of your answer to said Complaint upon the undersigned attorney for Plaintiffs at his place of business in the City of Winona, County of Winona, State of Minnesota, within twenty (20) days after the service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
This action involves, affects, or brings into question real property situated in the County of Winona, State of Minnesota, described as follows:
SEE EXHIBIT A ATTACHED HERETO.
Beginning at a point on the North line of the Northwest quarter of the Northeast quarter (NW1/4 of NE1/4) of Section Twenty-nine (29), Township One hundred seven (107) North, of Range Seven (7), West of the Fifth Principal Meridian, Winona County, Minnesota, 913.35 feet East of the Northwest corner of said forty acre tract; thence at right angles South a distance of 183 feet, more or less, to the Northwest corner of Lot 1, Block 1, Royce-Sather Subdivision No. 2; thence Easterly along the Northerly lines of Lots 1 and 2, Block 1 of said Subdivision a distance of 150.00 feet to the Westerly line of Sunset Drive in the City of Winona; thence Northerly along the Westerly line of Sunset Drive and the Northerly extension thereof, to the North line of said NW1/4 of the NE1/4; thence Westerly along the North line of said forty acre tract to the point of beginning.
NOTICE IS FURTHER GIVEN That the object of this action is to obtain a judgment declaring that the Plaintiffs, Brian K. Behling and Laura Connor Behling, husband and wife, are the joint owners of the real property described on EXHIBIT A; and further that the Defendants, and each of them, have no right, title, estate, interest or lien in or upon the real property described on EXHIBIT A.
NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiffs against any of the Defendants.
Civil cases are subject to Alternative Dispute Resolution processes as provided in Rule 114 of the General Rules of Practice for the District Courts. Alternative Dispute Resolution includes mediation, arbitration, and other processes set forth in the rules. You may contact the Court Administrator for information about these processes and about resources available in your area.
Dated this 3rd day of March, 2009.
PRICE, McCLUER & PLACHECKI
BY: Michael J. Price, Attorney No. 88225
ATTORNEYS FOR PLAINTIFFS
59 West Third Street
P.O. Box 617
Winona, Minnesota 55987