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SUMMONS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Fraudulent Transfer
Court File No. 27-cv-15-4396
Commonwealth Land Title Insurance Company,
Plaintiff, vs.
Gary O Benson; Dawn M. Benson; Gary Bluth and Michael Snow, as Trustees of Dawn M. Benson Irrevocable Trust, u/a dated January 1, 2006; and Gary Bluth and Cynthia S. Rosenblatt as Trustees of the DMB 2009 Trust U/A dated September 9, 2009, Defendants.
THIS SUMMONS IS DIRECTED TO DEFENDANTS:
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: Morrison Sund PLLC, 5125 County Road 101, Suite 200, Minnetonka, MN 55345.
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 Hennepin County, State of Minnesota, legally described as follows:
Lots 6 and 7, Auditor's Subdivision Number 367, Hennepin County, Minnesota according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said Hennepin County.
The Plat “Auditor's Subdivision Number 367, Hennepin County, Minnesota” being marked by judicial landmarks as shown thereon.
Together with an easement for driveway purposes over Lot 21, said subdivision as shown in deed, Doc. No. 302891, Files of Registrar of Titles.
Together with an easement for ingress to and egress from Lake Minnetonka over all that part of Lot 1 in said Auditor's Subdivision lying Northerly of a line drawn parallel with and distant 20 feet measured at right angles Southerly from the most Northerly line of said Lot 1 as shown in deed, Doc. No. 302891, Files of Registrar of Titles.
Together with a right of way easement over Lot 21, said subdivision, created by deed in 1759 Deeds, page 417, which easement is in turn subject to reservation of right to dedicate said lot for public road purposes.
Dated: March 18, 2015
The undersigned hereby acknowledges that sanctions may be awarded pursuant to Minn. Stat. § 549.211.
/s/ Jeffrey R. Underhill
Witness, my hand and seal of this court on the 13 day of April, 2015.
/s/ Jeffrey R. Underhill
Brian M. Sund (0198213)
Ryan R. Dreyer (0332252)
Jeffrey R. Underhill (0390966)
MORRISON SUND PLLC
5125 County Road 101, Suite 200
Minnetonka, MN 55345
(952) 975-0050 (phone)
(952) 975-0058 (fax)
ATTORNEYS FOR PLAINTIFF
COMMONWEALTH LAND TITLE INSURANCE COMPANY
April 17, 24; May 1, 2015 15-00892C