Preview
32-CV-23-32
Filed in District Court
State of Minnesota
5/24/2023 9:02 AM
PRINTER'S AFFIDAVIT 0F PUBLICATION
STATE OF MINNESOTA)
) ss.
COUNTY OF JACKSON )
Justin R Lessman, being first duly sworn, on oath states as follows:
1. am the publisher ofthe Jackson County Pilot, Jackson County, or the publisher's designated
I
agent. have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota
I
Statutes §331A.07.
2. The newspaper has complied with all ofthe requirements to constitute a qualified newspaper
under Minnesota law, including those requirements found in Minnesota Statutes §331A.02.
3. The dates of the month and the year and day of the week upon which the public notice
attached/copied below was published in the newspaper are as folloWS:
The printed ANNE LlEPOLD TRUST
which is attacheal, was cut from the columns of said newspapel", and was printed and published once each
week, for___3 successive weeks; it was first published on Thursday, the 20
day of __APRIL , 2023, and was thereafter printed and published on every Thursday to and
'
including Thursday, the 4 day of MAY . 2023
4. The publisher's lowest classified rate paid by commercial users for comparable space, as
determined pursuant to § 331A.06, is as follows:
RATES: Lowest classified rate paid by commercial users for comparable space is $15.92
per column inch, which is the maximum rate allowed by law for the above matter. The rate actually
charged for the above matter is $14.75 per column inch first insertion, $14.75 subsequent run when
applicable.
5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure
notices: The newspaper's known office of issue is located in Jackson County. The newspaper complies with
the conditions described In §580.033, subd. 1, clause (1) or (2). If the neWspaper's known office ofissue is
located in a county adjoining the county where the mortgaged premises or some part of the mortgaged
premises described in the notice are located, a substantial portion of the newspaper's circulation is in the
latter county.
FUR YO F ANT SAITH NOT.
Publisher or Publisher's Designated Agent
Subscribed and sworn to before me on
this 22 day of MAY 2023 .
SeM/ Notary Public
_, .
,
JILL CHRISTINE KNIGHT
y. Notary Public-Minnesota
'+' My Commission Expires Jan.
y. 31, 2028
32-CV-23-32
Filed in District Court
State of Minnesota
5/24/2023 9:02 AM
persons unknown claiming Abstract Property:.
any right, title, estate, inter- ("Property"). The Property
est, or lien in the real estate is identified as PiO N "'1
described in the complaint 017-0100.
"
herein The object of this actiOni-.
Defendants ._
is, among otherthings, to ole-g"
AMENDED SUMMONS tain a judgment that Piaintitf;
TO:THE ABOVE-NAMED Anne M. Liepold, as trustee?
DEFENDANTS. of the Anne M. Liepold Tr'u' St "
YOU ARE BEING SUED.- u/a/d May 21, 2012, is the
The Plaintiffs have started cwrier ofthe atoms-described;
a lawsuit against you. The preperty, and her interest
Plaintifls' Complaint against senior and superior t .02'anv
interest claimed to be held'
you is attached to this Sum-
mons. Do 'not throw these by the Defendants
Dated: April 14, 2023,
papers away. They are official
papers that affect your rights. COSTELLO, CARLSON &_-
You must respond to this BUTZON, LLP -;_
lawsuit even though it may By: /s/ Patrick K. Costello
not yet be filed with the Court Patrick K. Costello
and there may be no court file (#0019124)
number on this Summons. 310 Main Street, Pest Office
YOU MUST REPLY WITH- Box 929
DAYS TO PROTECT
IN 21 Lakefield, MN 56150000 1
YOUR RIGHTS. You must Telephone: (507) 662-6621
give or mail to the person Facsimile: (507) 662- 662
who signed this Summons a patnckkcostello@msn ._corn
written response called an
Answer within 21 days otthe.. ATTORNEYS FOR PLAl
date on which you received TIFF LlEPOLD TRUSTE
this Summons. You must TAFT STETTJNEUS
send a copy of your Answer HOLLISTER LLP
to the person who signed By: /s/ Daniel N. Moe
this Summons located at Daniel N. Moak (#34747 4)
2200 IDS Center, 80 South 2200 :08 Center
8th Street, Minneapolis, Min- 80 South Eighth Street
nesota 55402. Minneapolis,
YOU MUST RESPOND 55402-2157.:Minnesota;_-'
TO EACH CLAIM. The An- Telephone (612)977-8110
swer is your written response Facsirhile:' (612) 977-8650
to the Plaintlfis' Complaint. In dmoak@taftlaw. corny.
your Answer' you must state ATTORNEYS FOR PLAlN-
whether you agree or dis- TIFF ETC
agree with each paragraph of ACKNOWLEDGMENT
the Complaint. if you believe The undersigned acknowl-
i
the Plaintiffs should not be
edges that sanctions may' be}
given everything-asked for in imposed' pursuant to Minn-.1-
the Complaint, you must say Stat. § 549.211, sUbd; 3'.-
so in your Answer. ISI' Patrick K. Costello:
YOU WILL LOSE YOUR Patrick K. Gestello (#00'1 9124)
CASE IF YOU DO NOT SEND
AWRITTEN RESPONSE TO Daniel N.' Meak
[51'
THE COMPLAiNT TO THE Daniel N. Moak (#347474)
PERSON WHO SIGNED _
(April 20,-27; Mai/Al ._-.
THIS SUMMONS. If you do
not Answer within 21 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 Plaintiffs everything
asked for in the Complaint.
if you do not want to contest
the claims stated in the Com-'
plaint, you do not need to
respond. Adefaultjudgment
can then be entered against
32-CV-23-32
Filed in District Court
State of Minnesota
5/24/2023 9:02 AM
you can get legal assistance.
Even if you cannot get legal
'; hetp, you must stilt provide
a written Answer to protect
your rights or you may iose
the case.
ALTERNATIVE DISPUTE
RESOLUTION. The parties
may agree to or be ordered
STATE OF MiNNESOTA to participate in an atterna
COUNTY OF JACKSON \
tive dispute resolution pro-
DISTRICT COURT cess under Rule 114 of the
FIFTH JUDICIAL DlSTRiCT Minnesota General Rules of
CASE TYPE: QUIET TITLE Practice. You must still send
Court File No. 32-CV-23o32 your written response to the
Honorable Darci J. Bentz Complaint even it you expect
Anne M. Liepold, as trustee to use atternative'means of
of the Anne M. Liepold Trust resolving this dispute.
u/a/d May 21, 2012; and [TC THIS LAWSUIT MAY AF-
Midwest LLC, a Michigan FECT REAL PROPERTY
limited liability company, located in Jackson County,
Plaintiffs, State of Minnesota, legally
v. described as follows:
Lois Benson, deceased; Elsie (LEGAL DESCRIPTION)
Kirk, deceased; John Stuart The Northeast Quarter of
Kirk,'deceased; the unknown the Scutheast Quarter (NE
heirs of John Stuart Kirk; 1/4 SE 114) and Govern-
Dorothy Phelps, deceased: ment Lots 1, 2 and 3, all in
the unknown heirs of Doro- Section 17, Township 104
thy Phelps; Percy Benson North, Range 37, West of the
Kirk, deceased; Stuart C. Fifth Principal Meridian, lying
Kirk; Robert Benson Patrick North of the North right of
Kirk; Peggy Forister; Wil- way line of the former right
liam T. Kirk, deceased; the of way of Minnesota State
unknown heirs of William T. Trunk Highway No. 60 as
Kirk; Gardner M. Kirk, de located priortc the relocation
'ceased; the unknown heirs' of Minnesota Trunk Highway
of Gardner M. Kirk; George A.
'
60, containing 92.26 acres,
Kirk, deceased; the unknown more or less; excepting there-
heirs of George A. Kirk; Paul from a tract conveyed to the
Benson, deceased; John Interstate Power Company
Goffe Benson, deceased; described as follows: Com-
Stephany Benson Creamer; mencing at a point 1778 feet'
Paul Oehler Benson, de- North and 33 feet West of
ceased; the unknown heirs the Southeast corner of Sec-
Paul Oehler Benson; John tion 17, Township 104 North.
Benson; Frances Kirby, de- Range 37, West of the Fifth
ceased; Laura E. Horn; John Principal Meridian, Jackson
C. Benson, deceased; Clark County, Minnesota, thence
Robinson Fletcher ill; John running due North 150 feet,
Cabot Fletcher; Margaret thence due West 200 feet,
Eleanor Fletcher: deceased; thence due South 345.8 feet
.
Mary Lou Davison, deceased; to the Northerly line of Min-
Fenton McCreery Davison, nesota Trunk Highway no. 60,
_Jr.; Edward Benson Davison; thence North '76 degrees 05
=
1
Leo F. Liepold, deceased; minutes East along the said _
, Rose Liepold, deceased; Northerly line of said Trunk
the unknown heirs of Rose Highway 30.1 feet; thence
Liepold; Janice Bezdicek, due North 150 feet, thence
.
deceased; Jeffrey Bezdicek; North 76 degrees 05 minutes
Jerry Bezdicek; Jamey Bez- East 175 feet to the plat of be~
-
dicek; Jennifer Bezdicek; ginning. ALSO EXCEPTING,
Jason Bezdicek; Linus L. that part of the NE l/4 SE 1/4
Liepold, deceased; Nellie and Governments Lots 1, 2
M. Liepold; Loren Liepold; and 3, all in Section 17. Town-
Larry Liepold; John Liepold; ship 104 North, Range 37
LeAnn Bieber; Lynn Buth; West shown as Parcel 213 B
32-CV-23-32
Filed in District Court
"tr-19:1"; State of Minnesota
|!§'9.Q.'$Put,9
'HlS'liAWS'UlTMAY 5/24/2023 9:02 AM
FEC'I?' REAL} PROPERTY-
_-_
located in Jackson:
_3
State of County-3.
.-..-.-_--... _;-.-.-;-'-._
Lots Benson, describedMinnesotas,z__l'egally;
as follows:
deceased; Elsle'-._ ._
K_irk, deceased; John Stuart
Elifigdiief§§3'
Dorothy
(#ESAhlloghEesagféJZ-ggewof
she :zurreaSt ("E
Phelps,_ deceased: 0"
m/gnt
Lots/:z'igiggfif 3;.-
EL'S
3%27§¥"p';$1§§%'e322'3.f-:
Kirk, deceased; Stuart
0'. North,
e
-'
Kirk' Robert Benson F'flh PnnCIpa
Klrk" Patrick:
Peggy Forister'. Wit: NM". °f the Merrdrah,lyrng_.-
liam'T.Kirk deceased' N°""'l"9h.t??v°'i
the}; way llne 9f the
unknOWn heirs of
Kirk'' Gardner M. William T.- ¥:U::,VH?f formersl'lght
d' th . Kirkade'a': 9
mnhefigte:60t§g:;
.
all:
k':"W" h e,"
.
located
°. 3' "er
Cfgsed: of Minnesota
prrortothe'r'elooatron;
TrunkrHighw
60;;'containing;92:263'ao're
mOre 'Or less ;'
enson excepting the'r
Interstate Power-corn
..
d'escribe'dfi'as follow/s1
com;
mencing' at' a poihty'l 778 f
North arid? 33"[féet "at?
WeSt f:
_ose
" Lle'p'old;
decease' _,
unknoWn heirs of Rose; -.
;;'Jeffre'y Bezdicekgf".-"
erry Be'zdicek;
,FK' 'Jennlfe' ..
Jamey Beze'
East175 feet to the ,-
38°" Bezd'cek:_Be?d'°?k-3- 'pla'tof'o
"nus '-'-.' ginning: ALSO EXCEPTING;
Lrepold,~ that part'ofth'é'NE' l/4 E"
deceased;"lN>ellle'_-
M'ésF'eP0'd; We" Llepmdl'a
"Y
J0"? L'eP°'d;'r
and
Governments'5"Lots;
and s, all in 2"
nn Sectioh'l7;lT0w
ship- 104 North;
Rang'e
....,°."""-' 9.9"? '-°'3 Westg'sh0wn as'P'a'r'cel2113'
Man/m W L'eP°'d?.- oh
Llepold, deceased: Min'nesota'Dépa'rtrfieh
Mlohael Liepold:'Julle
Nolz;-' Transportatiohiz»'fiight."o'f'E w»>
Plats Numb 3"
~
32-43 as they/Tare
on'»flle*antl;'='
ai'fialsteaévélme °fre°°rd'l." mai'filfid'vitflfie
'ar'vinW. Liepold Trust'u/a/d
"5/21/2012; also, all'other: fagfigE'HEegggge'M,
'
_.
Preview
32-CV-23-32 Filed in District Court State of Minnesota 5/24/2023 9:02 AM PRINTER'S AFFIDAVIT 0F PUBLICATION STATE OF MINNESOTA) ) ss. COUNTY OF JACKSON ) Justin R Lessman, being first duly sworn, on oath states as follows: 1. am the publisher ofthe Jackson County Pilot, Jackson County, or the publisher's designated I agent. have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota I Statutes §331A.07. 2. The newspaper has complied with all ofthe requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached/copied below was published in the newspaper are as folloWS: The printed ANNE LlEPOLD TRUST which is attacheal, was cut from the columns of said newspapel", and was printed and published once each week, for___3 successive weeks; it was first published on Thursday, the 20 day of __APRIL , 2023, and was thereafter printed and published on every Thursday to and ' including Thursday, the 4 day of MAY . 2023 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to § 331A.06, is as follows: RATES: Lowest classified rate paid by commercial users for comparable space is $15.92 per column inch, which is the maximum rate allowed by law for the above matter. The rate actually charged for the above matter is $14.75 per column inch first insertion, $14.75 subsequent run when applicable. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Jackson County. The newspaper complies with the conditions described In §580.033, subd. 1, clause (1) or (2). If the neWspaper's known office ofissue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FUR YO F ANT SAITH NOT. Publisher or Publisher's Designated Agent Subscribed and sworn to before me on this 22 day of MAY 2023 . SeM/ Notary Public _, . , JILL CHRISTINE KNIGHT y. Notary Public-Minnesota '+' My Commission Expires Jan. y. 31, 2028 32-CV-23-32 Filed in District Court State of Minnesota 5/24/2023 9:02 AM persons unknown claiming Abstract Property:. any right, title, estate, inter- ("Property"). The Property est, or lien in the real estate is identified as PiO N "'1 described in the complaint 017-0100. " herein The object of this actiOni-. Defendants ._ is, among otherthings, to ole-g" AMENDED SUMMONS tain a judgment that Piaintitf; TO:THE ABOVE-NAMED Anne M. Liepold, as trustee? DEFENDANTS. of the Anne M. Liepold Tr'u' St " YOU ARE BEING SUED.- u/a/d May 21, 2012, is the The Plaintiffs have started cwrier ofthe atoms-described; a lawsuit against you. The preperty, and her interest Plaintifls' Complaint against senior and superior t .02'anv interest claimed to be held' you is attached to this Sum- mons. Do 'not throw these by the Defendants Dated: April 14, 2023, papers away. They are official papers that affect your rights. COSTELLO, CARLSON &_- You must respond to this BUTZON, LLP -;_ lawsuit even though it may By: /s/ Patrick K. Costello not yet be filed with the Court Patrick K. Costello and there may be no court file (#0019124) number on this Summons. 310 Main Street, Pest Office YOU MUST REPLY WITH- Box 929 DAYS TO PROTECT IN 21 Lakefield, MN 56150000 1 YOUR RIGHTS. You must Telephone: (507) 662-6621 give or mail to the person Facsimile: (507) 662- 662 who signed this Summons a patnckkcostello@msn ._corn written response called an Answer within 21 days otthe.. ATTORNEYS FOR PLAl date on which you received TIFF LlEPOLD TRUSTE this Summons. You must TAFT STETTJNEUS send a copy of your Answer HOLLISTER LLP to the person who signed By: /s/ Daniel N. Moe this Summons located at Daniel N. Moak (#34747 4) 2200 IDS Center, 80 South 2200 :08 Center 8th Street, Minneapolis, Min- 80 South Eighth Street nesota 55402. Minneapolis, YOU MUST RESPOND 55402-2157.:Minnesota;_-' TO EACH CLAIM. The An- Telephone (612)977-8110 swer is your written response Facsirhile:' (612) 977-8650 to the Plaintlfis' Complaint. In dmoak@taftlaw. corny. your Answer' you must state ATTORNEYS FOR PLAlN- whether you agree or dis- TIFF ETC agree with each paragraph of ACKNOWLEDGMENT the Complaint. if you believe The undersigned acknowl- i the Plaintiffs should not be edges that sanctions may' be} given everything-asked for in imposed' pursuant to Minn-.1- the Complaint, you must say Stat. § 549.211, sUbd; 3'.- so in your Answer. ISI' Patrick K. Costello: YOU WILL LOSE YOUR Patrick K. Gestello (#00'1 9124) CASE IF YOU DO NOT SEND AWRITTEN RESPONSE TO Daniel N.' Meak [51' THE COMPLAiNT TO THE Daniel N. Moak (#347474) PERSON WHO SIGNED _ (April 20,-27; Mai/Al ._-. THIS SUMMONS. If you do not Answer within 21 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 Plaintiffs everything asked for in the Complaint. if you do not want to contest the claims stated in the Com-' plaint, you do not need to respond. Adefaultjudgment can then be entered against 32-CV-23-32 Filed in District Court State of Minnesota 5/24/2023 9:02 AM you can get legal assistance. Even if you cannot get legal '; hetp, you must stilt provide a written Answer to protect your rights or you may iose the case. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered STATE OF MiNNESOTA to participate in an atterna COUNTY OF JACKSON \ tive dispute resolution pro- DISTRICT COURT cess under Rule 114 of the FIFTH JUDICIAL DlSTRiCT Minnesota General Rules of CASE TYPE: QUIET TITLE Practice. You must still send Court File No. 32-CV-23o32 your written response to the Honorable Darci J. Bentz Complaint even it you expect Anne M. Liepold, as trustee to use atternative'means of of the Anne M. Liepold Trust resolving this dispute. u/a/d May 21, 2012; and [TC THIS LAWSUIT MAY AF- Midwest LLC, a Michigan FECT REAL PROPERTY limited liability company, located in Jackson County, Plaintiffs, State of Minnesota, legally v. described as follows: Lois Benson, deceased; Elsie (LEGAL DESCRIPTION) Kirk, deceased; John Stuart The Northeast Quarter of Kirk,'deceased; the unknown the Scutheast Quarter (NE heirs of John Stuart Kirk; 1/4 SE 114) and Govern- Dorothy Phelps, deceased: ment Lots 1, 2 and 3, all in the unknown heirs of Doro- Section 17, Township 104 thy Phelps; Percy Benson North, Range 37, West of the Kirk, deceased; Stuart C. Fifth Principal Meridian, lying Kirk; Robert Benson Patrick North of the North right of Kirk; Peggy Forister; Wil- way line of the former right liam T. Kirk, deceased; the of way of Minnesota State unknown heirs of William T. Trunk Highway No. 60 as Kirk; Gardner M. Kirk, de located priortc the relocation 'ceased; the unknown heirs' of Minnesota Trunk Highway of Gardner M. Kirk; George A. ' 60, containing 92.26 acres, Kirk, deceased; the unknown more or less; excepting there- heirs of George A. Kirk; Paul from a tract conveyed to the Benson, deceased; John Interstate Power Company Goffe Benson, deceased; described as follows: Com- Stephany Benson Creamer; mencing at a point 1778 feet' Paul Oehler Benson, de- North and 33 feet West of ceased; the unknown heirs the Southeast corner of Sec- Paul Oehler Benson; John tion 17, Township 104 North. Benson; Frances Kirby, de- Range 37, West of the Fifth ceased; Laura E. Horn; John Principal Meridian, Jackson C. Benson, deceased; Clark County, Minnesota, thence Robinson Fletcher ill; John running due North 150 feet, Cabot Fletcher; Margaret thence due West 200 feet, Eleanor Fletcher: deceased; thence due South 345.8 feet . Mary Lou Davison, deceased; to the Northerly line of Min- Fenton McCreery Davison, nesota Trunk Highway no. 60, _Jr.; Edward Benson Davison; thence North '76 degrees 05 = 1 Leo F. Liepold, deceased; minutes East along the said _ , Rose Liepold, deceased; Northerly line of said Trunk the unknown heirs of Rose Highway 30.1 feet; thence Liepold; Janice Bezdicek, due North 150 feet, thence . deceased; Jeffrey Bezdicek; North 76 degrees 05 minutes Jerry Bezdicek; Jamey Bez- East 175 feet to the plat of be~ - dicek; Jennifer Bezdicek; ginning. ALSO EXCEPTING, Jason Bezdicek; Linus L. that part of the NE l/4 SE 1/4 Liepold, deceased; Nellie and Governments Lots 1, 2 M. Liepold; Loren Liepold; and 3, all in Section 17. Town- Larry Liepold; John Liepold; ship 104 North, Range 37 LeAnn Bieber; Lynn Buth; West shown as Parcel 213 B 32-CV-23-32 Filed in District Court "tr-19:1"; State of Minnesota |!§'9.Q.'$Put,9 'HlS'liAWS'UlTMAY 5/24/2023 9:02 AM FEC'I?' REAL} PROPERTY- _-_ located in Jackson: _3 State of County-3. .-..-.-_--... _;-.-.-;-'-._ Lots Benson, describedMinnesotas,z__l'egally; as follows: deceased; Elsle'-._ ._ K_irk, deceased; John Stuart Elifigdiief§§3' Dorothy (#ESAhlloghEesagféJZ-ggewof she :zurreaSt ("E Phelps,_ deceased: 0" m/gnt Lots/:z'igiggfif 3;.- EL'S 3%27§¥"p';$1§§%'e322'3.f-: Kirk, deceased; Stuart 0'. North, e -' Kirk' Robert Benson F'flh PnnCIpa Klrk" Patrick: Peggy Forister'. Wit: NM". °f the Merrdrah,lyrng_.- liam'T.Kirk deceased' N°""'l"9h.t??v°'i the}; way llne 9f the unknOWn heirs of Kirk'' Gardner M. William T.- ¥:U::,VH?f formersl'lght d' th . Kirkade'a': 9 mnhefigte:60t§g:; . all: k':"W" h e," . located °. 3' "er Cfgsed: of Minnesota prrortothe'r'elooatron; TrunkrHighw 60;;'containing;92:263'ao're mOre 'Or less ;' enson excepting the'r Interstate Power-corn .. d'escribe'dfi'as follow/s1 com; mencing' at' a poihty'l 778 f North arid? 33"[féet "at? WeSt f: _ose " Lle'p'old; decease' _, unknoWn heirs of Rose; -. ;;'Jeffre'y Bezdicekgf".-" erry Be'zdicek; ,FK' 'Jennlfe' .. Jamey Beze' East175 feet to the ,- 38°" Bezd'cek:_Be?d'°?k-3- 'pla'tof'o "nus '-'-.' ginning: ALSO EXCEPTING; Lrepold,~ that part'ofth'é'NE' l/4 E" deceased;"lN>ellle'_- M'ésF'eP0'd; We" Llepmdl'a "Y J0"? L'eP°'d;'r and Governments'5"Lots; and s, all in 2" nn Sectioh'l7;lT0w ship- 104 North; Rang'e ....,°."""-' 9.9"? '-°'3 Westg'sh0wn as'P'a'r'cel2113' Man/m W L'eP°'d?.- oh Llepold, deceased: Min'nesota'Dépa'rtrfieh Mlohael Liepold:'Julle Nolz;-' Transportatiohiz»'fiight."o'f'E w»> Plats Numb 3" ~ 32-43 as they/Tare on'»flle*antl;'=' ai'fialsteaévélme °fre°°rd'l." mai'filfid'vitflfie 'ar'vinW. Liepold Trust'u/a/d "5/21/2012; also, all'other: fagfigE'HEegggge'M, ' _.