THIRD PARTY SUMMONS ORCHARD POINTE CONDOMINIUM VS. THE RYLAND GROUPTHIRD-PARTY SUMMONS
STATE OF MINNESOTA
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
Court File No. 19HA-CV-11-318
Case Type: Other Civil
Orchard Pointe Condominium
Association, Inc., a Minnesota non
The Ryland Group, Inc. a Maryland
Corporation; Doe Affiliates 1-20; and
Doe Contractors 21-50,
The Ryland Group, Inc.,
Tappe Construction Company, Inc., a Minnesota corporation; Baranbo Builders; Automated Building Components, Inc., a Minnesota corporation; Bartyzal Construction; Washek Construction Company, Inc., a Minnesota corporation; Genz-Ryan Plumbing and Heating, Inc., a Minnesota corporation; Best Siding Company, Inc., a Minnesota corporation; Quality Insulation, Inc., a Minnesota corporation; Expert Asphalt, Inc., a Minnesota corporation; Automatic Garage Door and Fireplaces, Inc., a Minnesota corporation; Metro Siding, Inc., a Minnesota corporation; Manor Concrete Construction, Inc., a Minnesota Corporation; Gopher State Concrete, LLC, a Minnesota company; JL Schwieters Construction, Inc., a Minnesota corporation; Waterproofing, Inc., a Minnesota corporation; SNE Enterprises, Inc., a Wisconsin corporation; Avbel Engineering, LLC, a Pennsylvania company; Norandex Building Materials Distribution, Inc., a Delaware corporation.
THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS:
1. YOU ARE BEING SUED. The Third-Party Plaintiff has started a lawsuit against you. The Third-Party 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: 7300 Metro Blvd., Suite 300, Edina, MN 55439-2302.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Third-Party Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Third-Party Complaint. If you believe the Third-Party Plaintiff should not be given everything asked for in the Third-Party Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
RESPONSE TO THE THIRD-PARTY 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 Third-Party Plaintiff everything asked for in the Third-Party Complaint. If you do not want to contest the claims stated in the Third-Party Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Third-Party 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.
WILKERSON & HEGNA, P.L.L.P.
Dated:July 20, 2011
By: /s/Christopher J. Johnston
Kyle J. Hegna #20240X
Christopher J. Johnston #0387685
7300 Metro Boulevard, Suite 300
Edina, MN 55439-2302
Telephone: (952) 897-1707
Facsimile: (952) 897-3534
ATTORNEYS FOR THIRD-PARTY PLAINTIFF THE RYLAND GROUP, INC.