AMENDED SUMMONS ANCHOR BANKD VS. COLIN GARVEY, LANDSCAPE DEPOT INC.AMENDED SUMMONS
STATE OF MINNESOTA
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
(Mortgage Foreclosure by Action)
Court File No. 19-HA-CV-10-4936
Anchor Bank, N.A.,
Colin Garvey, Landscape Depot, Inc.,
J. Doe I-V and XYZ Co. I-V,
Karen R. Baker f/k/a Karen R. O'Connor,
THIS SUMMONS IS DIRECTED TO ALL DEFENDANTS NAMED ABOVE.
1. YOU ARE BEING SUED. The Plaintiff has 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 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: Stein & Moore, P.A., 332 Minnesota Street, Suite W-1650, St. Paul, MN 55101.
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.
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Dakota County, State of Minnesota, legally described as follows:
• The North 523.98 feet of the South 1018.45 feet of the Northeast Quarter of the Southeast Quarter of Section 26, Township 113, Range 19, Dakota County, Minnesota, except the North 48.53 feet of the South 1018.45 feet of the West 784.36 feet thereof; and
• The South 494.56 feet of the Northeast Quarter of the Southeast Quarter of Section 26, Township 113, Range 19, Dakota County, Minnesota. Subject to an easement for road purposes over the East 50.00 feet thereof and subject to all other easements of record, if any.
The object of this action is foreclosure of two mortgages executed by Defendant Colin Garvey as follows:
• Mortgage dated January 31, 2005, and filed for record in the office of the Dakota County Recorder on February 18, 2005 as Document No. 2297289; and
• Mortgage dated January 31, 2005, and filed for record in the office of the Dakota County Recorder on February 18, 2005 as Document No. 2297290.
Date: September 6, 2011
STEIN & MOORE, P.A.
By: /s/ Kristine K. Nogosek
Ralph L. Moore, I.D. #74780
Kristine K. Nogosek, I.D. #304803
Attorneys for Plaintiff
332 Minnesota St., Suite W-1650
St. Paul, MN 55101
(651) 223-5212 fax