STATE OF MINNESOTA
COUNTY OF STEARNS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
Case Type: 14 – Quiet Title
Court File No. 73-CV-16-116
ORDER FOR PUBLICATION
Riverwood Mall, LLC, a Minnesota Limited Liability Corporation,
Plaintiff,
v.
LeRoy Edward Terres, Donna May Terres, Wilbert P. Hirschfeld, Eric F. Netter, Constance I. Netter, The New Toggery Inc., James B. Anderson, Mary Anderson, Lois K. Volkmuth, Vivian A. Siversten, Roberta M. Ellsworth, James T. Haaf, Marchbec Inc., Janette Mary Haaf, n/k/a Janette M. McNurlin, Schnettler Innovative Buildings Inc, a Minnesota corporation, John McNurlin, Anthony Gaetz, Lorraine Gaetz, Anton’s of St. Cloud, a Minnesota corporation, Sauk River Recreation Inc., a Minnesota corporation, Larson Enterprises, and the unknown heirs of the defendants above-named, the unknown heirs of Ann R. Hirschfeld, Hattie A. Brick, Richard F. Volkmuth, Edward C. Ellsworth, and all other persons unknown claiming any right, title, interest or lien in or upon the real property described in Plaintiff’s complaint herein,
Defendants.
This matter came on before the undersigned Judge for an order directing service of the Summons and Complaint in Quiet Title Action in the above-entitled matter on unknown defendants, described below, by publication of the summons in a newspaper of general circulation most likely to give notice to such defendants and on the affidavit of Daniel A. Eller, attorney for plaintiff; and
It appearing to the court from the Affidavit of Daniel A. Eller, the files records and proceedings herein, and the Complaint filed in this action that a good cause of action exists in favor of the plaintiff against each and all of unknown defendants or each and all of unknown defendants are necessary and proper parties to this action; and
It further appearing that the Complaint was filed on Jan. 4, 2016, and it further appearing that the names of each and all of unknown defendants described in the Complaint as “the unknown heirs of the defendants above-named and all other persons unknown claiming any right, title, interest or lien in or upon the real property” whether within or without the State of Minnesota are unknown to plaintiff, and that their identity cannot be ascertained with reasonable diligence; and it further appearing that none of the unknown defendants has been served with the Summons and Complaint for the above-stated reasons; and
It further appearing that service of the Summons cannot be made on unknown defendants except by publication;
IT IS HEARBY ORDERED:
1. The Summons be served on each and all of such unknown defendants by publication in the St. Joseph Newsleader a newspaper of general circulation designated as most likely to give notice to such unknown defendants;
2. Publication be made at least once a week for three consecutive weeks;
3. The service of the Summons shall be deemed complete twenty-one (21) days after the first publication.
4. Mailing a copy of the Summons and Complaint to such unknown defendants be dispensed with since plaintiff cannot, with reasonable diligence, ascertain the place or places where such defendants, whose names and addresses are unknown to plaintiff, would properly receive matter transmitted through the mails.
Dated: Feb. 20, 2017
/s/ John Scherer
Judge of District Court
Filed in Stearns County
Court Administration
Feb. 20, 2017
STATE OF MINNESOTA
COUNTY OF STEARNS
IN DISTRICT COURT
SEVENTH JUDICIAL DISTRICT
Case Type: 14 – Other Civil
Court File No. 73-CV-16-116
SUMMONS
Riverwood Mall, LLC, a Minnesota Limited Liability Corporation,
Plaintiff,
v.
LeRoy Edward Terres, Donna May Terres, Wilbert P. Hirschfeld, Eric F. Netter, Constance I. Netter, The New Toggery Inc., James B. Anderson, Mary Anderson, Lois K. Volkmuth, Vivian A. Siversten, Roberta M. Ellsworth, James T. Haaf, Marchbec Inc., Janette Mary Haaf, n/k/a Janette M. McNurlin, Schnettler Innovative Buildings Inc, a Minnesota corporation, John McNurlin, Anthony Gaetz, Lorraine Gaetz, Anton’s of St. Cloud, a Minnesota corporation, Sauk River Recreation Inc., a Minnesota corporation, Larson Enterprises, and the unknown heirs of the defendants above-named, the unknown heirs of Ann R. Hirschfeld, Hattie A. Brick, Richard F. Volkmuth, Edward C. Ellsworth, and all other persons unknown claiming any right, title, interest or lien in or upon the real property described in Plaintiff’s complaint herein,
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HERBY SUMMONED AND REQUIRED to file an answer with the Court Administrator to the Complaint which is herewith served on you, within twenty (20) days after service of this Summons on 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 auction involves, affects or brings in question real property situated in the County of Stearns, State of Minnesota, legally described as follows:
Attached hereto as Exhibit A
You should also know that parties are encouraged to attempt Alternate Dispute Resolution pursuant to Minnesota Law. Alternative Dispute Resolution includes Mediation, Arbitration and other processes set forth in the District Court Rules.
Dated: Dec. 15, 2015
/s/ Daniel A. Eller ID #26438
Attorney for Plaintiff
2103 Frontage Road No.
Suite 25
Waite Park, MN 56387
(320) 253-3700
ACKNOWLEDGEMENT
Plaintiff, through his undersigned counsel, hereby acknowledges that Minn. Stat. 549.211 provides for an award of costs, attorney’s fees and other penalties in favor of Defendants if the allegations are found to be groundless or made for an improper purpose.
Dated: Dec. 15, 2015
/s/ Daniel A. Eller ID #26438
EXHIBIT A
LEGAL DESCRIPTION
That part of the Northeast Quarter, Section 18, Township 124, Range 28, Stearns County, Minnesota, described as follows:
Commencing at the southeast corner of the Northwest Quarter of said Northeast Quarter, thence North 89 degrees 59 minutes 25 seconds West, along the south line of said Northwest Quarter of the Northeast Quarter, a distance of 217.60 feet; thence North 00 degrees 01 minutes 23 seconds West, parallel with the East line of said Northwest Quarter of the Northeast Quarter, a distance of 296 feet, more or less to the thread of the Sauk River, being the point of beginning of the land to be described; thence return South 00 degrees 01 minutes 23 seconds East, a distance of 296 feet, more or less to said south line; thence South 89 degrees 59 minutes 25 seconds East, along said south line, a distance of 217.60 feet to said southeast corner; thence South 00 degrees 01 minutes 23 second East, along the west line of the Southeast Quarter of said Northeast Quarter, a distance of 458.84 feet, to the northerly right-of-way line of Old Trunk Highway 52; thence southeasterly, a distance of 205.04 feet on a non-tangential curve, being concave to the north and having a radius of 724.49 feet, a central angel of 16 degrees 12 minutes 57 seconds, and a chord bearing of South 86 degrees 38 minutes 08 seconds East; thence North 85 degrees 15 minutes 24 seconds East, along said northerly right-of-way line, a distance of 72.26 feet; thence North 00 degrees 00 minutes 35 seconds East, a distance of 464.81 feet to the north line of the Southeast Quarter of said Northeast Quarter; thence continuing North 00 degrees 00 minutes 35 seconds East, a distance of 20.00 feet; thence North 89 degrees 59 minutes 25 seconds West, parallel with said North line of the Southeast Quarter of the Northeast Quarter, a distance of 66.90 feet; thence North 00 degrees 01 minutes 23 seconds West, parallel with said East line of the Northwest Quarter of the Northeast Quarter, a distance of 284 feet, more or less to the thread of the Sauk River, thence westerly along said thread of the Sauk River to the point of beginning and there terminating.
Publish: March 17, 24 & 31, 2017
CERTIFICATE
OF ASSUMED NAME
STATE OF MINNESOTA
Pursuant to Chapter 333, Minnesota Statutes, the undersigned, who is or will be conducting or transacting a commercial business in the State of Minnesota under an assumed name, hereby certifies:
1. The assumed name under which the business is or will be conducted is: Tom Ray Construction LLC.
2. The stated address of the principal place of business is or will be: 1513 Pine Siskin Ave., Sartell, MN 56377.
3. The name and street address of all persons conducting business under the above assumed name including any corporations that may be conducting this business: Tom Ray Construction LLC, 1513 Pine Sisken Ave., Sartell, MN 56377.
4. I certify I am authorized to sign this certificate and I further certify I understand by signing this certificate, I am subject to the penalties of perjury as set forth in Minnesota Statutes section 609.48 as if I had signed this certificate under oath.
Dated: Feb. 2, 2017
Filed: Feb. 2, 2017
/s/ Thomas Ray
Publish: March 17 and 24, 2017
