STATE OF MINNESOTA
COUNTY OF GOODHUE FIRST JUDICIAL DISTRICT
(Mortgage Foreclosure by Action)
Associated Bank, National Association,
Court File No. 25-CV-14-197
v. SUMMONS (for publication)
Estate of William E. Kelm, Estate of Judith A. Kelm,
Unknown Heirs of William E. Kelm and Judith A. Kelm
State of Minnesota, United States of America,
Capital One Bank, J. Doe I-V and XYZ Co. I-V,
THIS SUMMONS IS DIRECTED TO THE ESTATE OF WILLIAM E. KELM, ESTATE OF JUDITH A. KELM, UNKNOWN HEIRS OF WILLIAM E. KELM AND JUDITH A. KELM, J. DOE I-V AND XYZ CO. I-V.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiffs Complaint against you is on file in the office of the court administrator of the above-named court. Do not throw these papers away. They are official papers that affect your rights.
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 (or when the United States or an agency thereof is a defendant, it has 60 days). 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 Plaintiffs 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 (or when the United States or an agency thereof is a defendant, it has 60 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 Goodhue County, State of Minnesota, legally described as follows:
Lot 37, Glen View Addition to the City of Red Wing, Goodhue County, Minnesota.
The object of this action is to foreclose two mortgages executed by Defendants William E. Kelm and Judith A. Kelm, one dated March 1, 1999 and filed for record in the office of the Goodhue County Recorder on March 12, 1999 as Document No. 427212, the other dated April 21, 2011 and filed for record in the office of the Goodhue County Recorder on May 11, 2011 as Document No. A-585568.
Date: February 6, 2014STEIN & MOORE, P.A.
By: /s/ Truman W. Schabilion
Truman W. Schabilion, I.D. #388018
Attorneys for Plaintiff
332 Minnesota St., Suite W-1650
St. Paul, MN 55101
(651) 223-5212 fax