STATE OF MINNESOTA

COUNTY OF PINE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Other Civil: Quiet Title

Court File No. 58-CV-21-65

SUMMONS

Norbert J. Jensen and Tammy Jensen husband and wife; 

Dennis Dale Birkholm a/k/a Dennis D. Birkholm  and Carol Birkholm husband and wife; 

Robert E. Birkholm, a single person; 

Brian Roy Birkholm a/k/a a Brian R. Birkholm and Debra Birkholm, husband and wife,

Plaintiffs,

v.

Joseph Christopher Miotke; the unknown spouse of Joseph Christopher Miotke, if any;

Elizabeth K. Chilton; the unknown spouse of Elizabeth K. Chilton, if any;

The Minnesota Commissioner of Public Safety,

AND ALL OTHER PERSONS WHETHER KNOWN OR UNKNOWN, CLAIMING ANY RIGHT, TITLE, INTEREST OR LIEN IN THE REAL PROPERTY DESCRIBED HEREIN,

Defendants.

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 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 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:

John M. Cabak

CABAK LAW, LLC

243 Main Street S

Pine City, MN 55063

3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs’ Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiffs 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 Plaintiffs 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 can 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 this 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. REAL PROPERTY. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in PINE County, State of Minnesota, legally described as follows:

That part of Block 1, Townsite of Partridge (now Askov), Pine County, Minnesota, described as follows:

Beginning at the southeast corner of said Block 1; thence west along the south line of said Block 1 a distance of 196 feet, more or less, to a point on said south line distant 207 feet east if the southwest corner of said Block 1, as measured along said south line; thence north parallel with the east line of said Block 1 a distance of 233.8 feet to the northwesterly line of said Block 1; thence northeasterly along said northwesterly line a distance of 22.6 feet; thence south parallel with said east line a distance of 44.8 feet; thence east parallel with said south line a distance of 181 feet, more or less, to the east line of said Block 1; thence south along said east line 206 feet, more or less, to the point of beginning.

EXCEPT that part of said Block 1 described as follows:

Commencing at the southeast corner of said Block 1; thence north along the east line of said Block 1 a distance of 159.2 feet to the point of beginning of the property to the be described; thence at right angles west a distance of 168 feet; thence at right angles north a distance of 50 feet; thence at right angles east of 168 feet to said east line; thence south along said east line a distance of 50 feet, to the point of beginning.

The object of this action is to award judgment quieting title in the name of Plaintiffs Norbert J. Jensen and Tammy Jensen, and to determine that the Defendants have no further right, title, or interest in the above-described real property.

NOTICE OF NO PERSONAL CLAIM. Pursuant to Minn. Stat. §557.03, the Plaintiffs hereby give notice that no personal claim is being made against any of the defendants. However, if Defendants unreasonably defend the action, Plaintiffs are requesting an order of the court directing that the defendants shall pay costs and attorney fees to Plaintiffs.

Dated: 2/9/21 

CABAK LAW, LLC

/s/ John M Cabak

John M. Cabak

Attorney for Plaintiffs

243 Main Street S

Pine City, MN 55063

(320) 629-2529

Attorney Reg. #0388929

Published in the Pine County Courier February 18, 25, March 4, 2021

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