Preview
Electronically Served 73-CV-22-9387
Filed in District Court
12/13/2022 11:24 AM Filed in District Court State of Minnesota
Stearns County, MN
State of Minnesota 12/16/2022 1:29 PM
12/13/2022
State of Minnesota District Court
Stearns County Seventh Judicial District
Court File Number: 73‐CV‐22‐9387
Case Type: Eviction (UD)
Notice of Remote Zoom Hearing
YARLIN PENA
311 PARK MEADOWS DRIVE #108
WAITE PARK MN 56387
_____________________________________________________________________________
Park Meadows Apartments ‐ Centerspace vs Yarlin Pena, Julio Rosario
You are notified this matter is set for a remote hearing. This hearing will not be in person at the
courthouse.
Hearing Information
December 27, 2022
Eviction Hearing
2:15 PM
The hearing will be held via Zoom and appearance shall be by video unless otherwise directed
with Judicial Officer Mary B. Mahler, Stearns County District Court.
The Minnesota Judicial Branch uses strict security controls for all remote technology when
conducting remote hearings.
You must:
Notify the court if your address, email, or phone number changes.
Be fully prepared for the remote hearing. If you have exhibits you want the court to see,
you must give them to the court before the hearing. Visit
https://www.mncourts.gov/Remote‐Hearings.aspx for more information and options for
joining remote hearings, including how to submit exhibits.
Contact the court at 320‐656‐3620 if you do not have access to the internet, or are
unable to connect by video.
If you need an interpreter, contact the court before the hearing date to ask for one.
To join by internet:
1. Type https://zoomgov.com/join in your browser’s address bar.
2. Enter the Meeting ID and Meeting Passcode (if asked):
Meeting ID: 161 848 9022
Passcode: 321020
3. Update your name by clicking on your profile picture. If you are representing a party,
add your role to your name, for example, John Smith, Attorney for Defendant.
MNCIS‐PAN‐104 STATE Notice of Remote Zoom Hearing 11/22
73-CV-22-9387
Filed in District Court
State of Minnesota
12/16/2022 1:29 PM
4. Click the Join Audio icon in the lower left‐hand corner of your screen.
5. Click Share Video.
Para obtener más información y conocer las opciones para participar en audiencias remotas,
incluido cómo enviar pruebas, visite www.mncourts.gov/Remote‐Hearings.
Booqo www.mncourts.gov/Remote‐Hearings oo ka eego faahfaahin iyo siyaabaha aad uga
qeybgeli karto dacwad‐dhageysi ah fogaan‐arag, iyo sida aad u soo gudbineyso wixii caddeymo
ah.
Dated: December 13, 2022 George Lock
Stearns County Court Administrator
725 Courthouse Square Room 134
St. Cloud MN 56303
320‐656‐3620
cc: Julio Rosario
Lori Lynn Athmann
MNCIS‐PAN‐104 STATE Notice of Remote Zoom Hearing 11/22
73-CV-22-9387
Filed in District Court
State of Minnesota
11/15/2022 1:29
12/16/2022 1:33 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT
Pal'k Meadows ~
Centerspace, Court File No.
Plaintiff,
VS. CERTIFICATE OF REPRESENTATION
AND PARTIES
Yarlin Pena and Julio Rosario,
Defendants.
Pursuant to Rule 104 of the General Rules of Practice fOI' the District Courts, this farm must be
completed and filed with the Court Administrator's Office at the time the case is filed. The COUl't
administrator shall, upon receipt of the completed certificate, notify all parties or their lawyer's of
the date of fiiing the action and the file number assigned.
LIST ALL ATTORNEYS OR PRO SE PARTIES INVOLVED IN THIS CASE:
ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT
Name of Party Park Meadoxvs Apartments Name of Party
~
Yarlin Pena aiid Iulio
-
Centerspace Rosario (Pro se)
Lori L. Athmaiin ~ 0353450
Jovanovich, Dege & Athmann, PA Yat'lin Pena and Julio Rosario
1010 West St. Germain Street, Suite 420 311 Park Meadows Drive, #108
St. Cloud, MN 56301 Waite Park, MN 56387
Telephone N0.: (320) 23 0,0203
Dated: November 15, 2022
Lori L. Athmann
Attorney at Law
73-CV-22-9387
Filed in District Court
State of Minnesota
11/15/2022 1:29
12/16/2022 1:33 PM
State of Minnesota District Court
County of Steams Judicial District: Seventh
Coul't File Number:
Case Type: Housing
Park Meadows Apartments Ceterspace -
Plaintiffs Date of Birth:
Plaintiff (Landlord) (if knovsm)
408 Park Meadows Drive
Waite Park. MN 56387
Address
VS. Eviction Action Complaint
(Minn. Stat. § 5043.321)
Yarlin Pena and Juiio Rosario
Defendant (Tenant)
________
MBdiation Requested
311 Park Meadows Drive. #108
Waite Park. MN 563 87 Tenant's Date of Birth:
Address (lfkuown)
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
I, Lori Athrnam1 state:
(name ofperson signing complaint)
1. Landlord leased or rented to tenant(s) on 6/9/22 by an E3 ORAL X WRITTEN agreenient the
premises at: 311 Park Meadows Drive, Apartment # 198,, and garage El YES X NO, in the
city of Waite Park, the state of Minnesota, zip code 56387, in the county of Stearns. Tire
agreeznent was from 6/15/22 to 6/ 4/23. The current rent due and payable under' this
2
agreement each montlr is $1 168.00 due on the 1:" (121}! of the month.
The landlord of the premises described above is Park Meadows Apartments Centerspace. -
Landlord having present right of possession of said property, has complied with Minn. Stat.
§ 5048.181 by:
X a. disclosing to the tenant either in the rental agreement or otherwise in writing prior to
beginning of the tenancy the name and address of:
i. the person authorized to manage the property AND
ii. a landlord or agent authorized by the landlord to accept service of process and
receive and give receipt for' notices and demands, AND
D b. posting in a conspicuous place on the property a printed or typewritten notice containing
the above information Office , OR
(Where Posted)
I] c. the above information was known by the tenant not less than 30 days before the fiiing
of this action because:
73-CV-22-9387
Filed in District Court
State of Minnesota
11/15/2022 1:29
12/16/2022 1:33 PM
4. Landlord seeks to have the tenant evicted for the following reasons:
X a. The tenant is still in possessiort of above premises and has failed to pay rent for the
month(s) of November', 2022 in the amount of $1 ,500.lS, the
full amount of which includes amounts due and owing in late fees, utility fees and
expenses, as well as monthly rent and expenses that become due and owing
following the filing of this Complaint.
El b. The tenant has failed to vacate property aftei' tenant Cl was given [3 gave written
notice to do so. This notice was served on El Tenant CI Landlor'd on
and tenant E] was told El Gave notice to vacate the property by
El c. Tire tenant has broken the terms of the rental agreement with property landlord
by: (be specific)
B d. The tenant has breached the covenants set forth in Minn. Stat. §504B.17l by: (be
specific)
El 6. Defendant defaulted on the mortgage and the property has been sold at a Sheriff's
sale. The Redemption period has expired and Plaintiff is entitled to possession.
[Cl f. Defendant defaulted on a contract deed and is holding over after proper cancellation
of the contract.
5. The landlor'd seeks judgment against the above tenant(s) for restitution of said premises plus
costs and disbursements herein.
Notice pursuant to 15 US. Code §l692gz Unless you notify this office that you dispute the
validity' of the debt, or any! portion thereof, the debt will be assumed to be valid. If you notifyl
this office in writing that the debt, or any portion thereof, is disputed, this office will obtain
verification of the debt or a copy of a judgment against the consumer and a copy of sucli
verification or judgment will be mailed to you by this office. Upon your written request, this
office will provide the consumer with the name and address of the original creditor, if different
from the current creditor.
Verification and Affidavit of Non Military Status
1, Lori Athmann, plaintiff's attorney, being sworn/affirmed, state that I am the attorney in this
action, that I have read the complaint and that it is true to the best of my knowledge; that tenant(s)
is/are not now in the military service of the United States, to the best of my information and belief.
**"'Notice: A licensed attorney must sign the Complaint an in com: on behalf of a
/appea1'
corporation or LLC. In Hennepin County only, H l n
'
'
:77
03 may' permit a
corporation or LLC to file and appeai' in court/W1 Rt ,- leanse , t orneyfi"
Dated: November 15, 2022
Signature
73-CV-22-9387
Filed in District Court
State of Minnesota
11/15/2022 1:29
12/16/2022 1:33 PM
I declare under penalty 0f perjury that everything I have stated in this document is tme and
correct. Minn. Stat. § 358.116.
Dated this 15'" day of November, 2022.
JOVA 'VIC 'G HMANN, PA
By
E061: Atlimaztn -
0353450
Attorney for Plaintiff Landlord
1010 West St. Germain, Suite 420
St. Cloud, MN 56301
Telephone: (320)230-0203
73-CV-22-9387
Filed in District Court
Filed in District Court State of Minnesota
12/16/2022 1:29 PM
State of Minnesota
12/13/2022
State of Minnesota District Court
Stearns County Seventh Judicial District
Court File Number: 73‐CV‐22‐9387
Case Type: Eviction (UD)
Eviction Summons
(Minn. Stat. § 504B.321)
Park Meadows Apartments ‐ Centerspace vs Yarlin Pena, Julio Rosario
From: The State of Minnesota
To: The Defendants named above
The Plaintiff/Landlord has filed an eviction complaint against you. YOU ARE SUMMONED to
appear for a hearing about the eviction complaint attached to this paper. A summons means
you have to appear for court. If you do not appear for court, the Plaintiff/Landlord will
automatically win. This means you could lose your home.
Hearing Information
December 27, 2022 at 2:15 PM
This will be a remote hearing, and appearance shall be by video and audio unless otherwise
directed with Judicial Officer Mary B. Mahler, Stearns County District Court. Please refer to the
attached notice of remote hearing for details on how to participate in the hearing.
Do you need an interpreter? Call court administration as soon as possible (at least 2 days
before your hearing) if you need an interpreter for yourself or for a witness.
This summons is from the court:
Park Meadows Apartments ‐ Date: 12/13/2022
Centerspace
Plaintiff / Agent / Attorney
Court Administration
320‐230‐0203 By: Brenda Lind
Telephone
About Eviction Court
What happens at eviction court?
MNCIS‐HOU‐119R STATE Eviction – Remote Summons 9/22
73-CV-22-9387
Filed in District Court
State of Minnesota
12/16/2022 1:29 PM
The judge will decide whether you have to move, or if you can stay in your home. You can try
to work out a deal with the landlord or ask for a court trial.
What happens if I am late or if I miss court?
You could lose the case automatically and get an eviction on your record. The judge can order
you to move right away; and if you do not move, the sheriff can move you out and put all your
belongings into storage. You will then have to pay the storage and moving costs before you can
get your belongings back.
What are my rights?
You have the right to tell the judge your side of the case. For example:
If you believe that all or some of the things that your landlord says in the attached
papers are wrong, you can tell those things to the judge.
If you believe that your landlord is trying to evict you because of something you did to
protect your rights, as a tenant, you can explain that to the judge.
If the attached papers say that you have not paid rent, and you believe that your
apartment is in bad condition and needs repairs, you can tell that to the judge. Have the
total rent owed with you at the hearing.
You have the right to have witnesses and to present evidence.
You may have other defenses. You should research the law or ask an attorney.
You may attend the hearing and speak for yourself or you may have a lawyer with you
to represent you. If you want a lawyer, you must get one right away.
Helpful Resources
Tenant Information: mncourts.gov/Help‐Topics/Tenants.aspx
Landlord Information: mncourts.gov/Help‐Topics/Landlords.aspx
Legal Assistance: LawHelpMN.org/evictions
Other Resources for Finding a Lawyer: mncourts.gov/Help‐Topics/Find‐a‐Lawyer.aspx
Important! You may be connecting from home, but it is still a
court hearing. Pay attention and follow all rules.
To receive an eReminder for future court dates via e‐mail or text, visit
www.mncourts.gov/Hearing‐eReminders.aspx or scan the QR code to enroll.
MNCIS‐HOU‐119R STATE Eviction – Remote Summons 9/22
Preview
Electronically Served 73-CV-22-9387 Filed in District Court 12/13/2022 11:24 AM Filed in District Court State of Minnesota Stearns County, MN State of Minnesota 12/16/2022 1:29 PM 12/13/2022 State of Minnesota District Court Stearns County Seventh Judicial District Court File Number: 73‐CV‐22‐9387 Case Type: Eviction (UD) Notice of Remote Zoom Hearing YARLIN PENA 311 PARK MEADOWS DRIVE #108 WAITE PARK MN 56387 _____________________________________________________________________________ Park Meadows Apartments ‐ Centerspace vs Yarlin Pena, Julio Rosario You are notified this matter is set for a remote hearing. This hearing will not be in person at the courthouse. Hearing Information December 27, 2022 Eviction Hearing 2:15 PM The hearing will be held via Zoom and appearance shall be by video unless otherwise directed with Judicial Officer Mary B. Mahler, Stearns County District Court. The Minnesota Judicial Branch uses strict security controls for all remote technology when conducting remote hearings. You must: Notify the court if your address, email, or phone number changes. Be fully prepared for the remote hearing. If you have exhibits you want the court to see, you must give them to the court before the hearing. Visit https://www.mncourts.gov/Remote‐Hearings.aspx for more information and options for joining remote hearings, including how to submit exhibits. Contact the court at 320‐656‐3620 if you do not have access to the internet, or are unable to connect by video. If you need an interpreter, contact the court before the hearing date to ask for one. To join by internet: 1. Type https://zoomgov.com/join in your browser’s address bar. 2. Enter the Meeting ID and Meeting Passcode (if asked): Meeting ID: 161 848 9022 Passcode: 321020 3. Update your name by clicking on your profile picture. If you are representing a party, add your role to your name, for example, John Smith, Attorney for Defendant. MNCIS‐PAN‐104 STATE Notice of Remote Zoom Hearing 11/22 73-CV-22-9387 Filed in District Court State of Minnesota 12/16/2022 1:29 PM 4. Click the Join Audio icon in the lower left‐hand corner of your screen. 5. Click Share Video. Para obtener más información y conocer las opciones para participar en audiencias remotas, incluido cómo enviar pruebas, visite www.mncourts.gov/Remote‐Hearings. Booqo www.mncourts.gov/Remote‐Hearings oo ka eego faahfaahin iyo siyaabaha aad uga qeybgeli karto dacwad‐dhageysi ah fogaan‐arag, iyo sida aad u soo gudbineyso wixii caddeymo ah. Dated: December 13, 2022 George Lock Stearns County Court Administrator 725 Courthouse Square Room 134 St. Cloud MN 56303 320‐656‐3620 cc: Julio Rosario Lori Lynn Athmann MNCIS‐PAN‐104 STATE Notice of Remote Zoom Hearing 11/22 73-CV-22-9387 Filed in District Court State of Minnesota 11/15/2022 1:29 12/16/2022 1:33 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT Pal'k Meadows ~ Centerspace, Court File No. Plaintiff, VS. CERTIFICATE OF REPRESENTATION AND PARTIES Yarlin Pena and Julio Rosario, Defendants. Pursuant to Rule 104 of the General Rules of Practice fOI' the District Courts, this farm must be completed and filed with the Court Administrator's Office at the time the case is filed. The COUl't administrator shall, upon receipt of the completed certificate, notify all parties or their lawyer's of the date of fiiing the action and the file number assigned. LIST ALL ATTORNEYS OR PRO SE PARTIES INVOLVED IN THIS CASE: ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT Name of Party Park Meadoxvs Apartments Name of Party ~ Yarlin Pena aiid Iulio - Centerspace Rosario (Pro se) Lori L. Athmaiin ~ 0353450 Jovanovich, Dege & Athmann, PA Yat'lin Pena and Julio Rosario 1010 West St. Germain Street, Suite 420 311 Park Meadows Drive, #108 St. Cloud, MN 56301 Waite Park, MN 56387 Telephone N0.: (320) 23 0,0203 Dated: November 15, 2022 Lori L. Athmann Attorney at Law 73-CV-22-9387 Filed in District Court State of Minnesota 11/15/2022 1:29 12/16/2022 1:33 PM State of Minnesota District Court County of Steams Judicial District: Seventh Coul't File Number: Case Type: Housing Park Meadows Apartments Ceterspace - Plaintiffs Date of Birth: Plaintiff (Landlord) (if knovsm) 408 Park Meadows Drive Waite Park. MN 56387 Address VS. Eviction Action Complaint (Minn. Stat. § 5043.321) Yarlin Pena and Juiio Rosario Defendant (Tenant) ________ MBdiation Requested 311 Park Meadows Drive. #108 Waite Park. MN 563 87 Tenant's Date of Birth: Address (lfkuown) STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) I, Lori Athrnam1 state: (name ofperson signing complaint) 1. Landlord leased or rented to tenant(s) on 6/9/22 by an E3 ORAL X WRITTEN agreenient the premises at: 311 Park Meadows Drive, Apartment # 198,, and garage El YES X NO, in the city of Waite Park, the state of Minnesota, zip code 56387, in the county of Stearns. Tire agreeznent was from 6/15/22 to 6/ 4/23. The current rent due and payable under' this 2 agreement each montlr is $1 168.00 due on the 1:" (121}! of the month. The landlord of the premises described above is Park Meadows Apartments Centerspace. - Landlord having present right of possession of said property, has complied with Minn. Stat. § 5048.181 by: X a. disclosing to the tenant either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of: i. the person authorized to manage the property AND ii. a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for' notices and demands, AND D b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information Office , OR (Where Posted) I] c. the above information was known by the tenant not less than 30 days before the fiiing of this action because: 73-CV-22-9387 Filed in District Court State of Minnesota 11/15/2022 1:29 12/16/2022 1:33 PM 4. Landlord seeks to have the tenant evicted for the following reasons: X a. The tenant is still in possessiort of above premises and has failed to pay rent for the month(s) of November', 2022 in the amount of $1 ,500.lS, the full amount of which includes amounts due and owing in late fees, utility fees and expenses, as well as monthly rent and expenses that become due and owing following the filing of this Complaint. El b. The tenant has failed to vacate property aftei' tenant Cl was given [3 gave written notice to do so. This notice was served on El Tenant CI Landlor'd on and tenant E] was told El Gave notice to vacate the property by El c. Tire tenant has broken the terms of the rental agreement with property landlord by: (be specific) B d. The tenant has breached the covenants set forth in Minn. Stat. §504B.17l by: (be specific) El 6. Defendant defaulted on the mortgage and the property has been sold at a Sheriff's sale. The Redemption period has expired and Plaintiff is entitled to possession. [Cl f. Defendant defaulted on a contract deed and is holding over after proper cancellation of the contract. 5. The landlor'd seeks judgment against the above tenant(s) for restitution of said premises plus costs and disbursements herein. Notice pursuant to 15 US. Code §l692gz Unless you notify this office that you dispute the validity' of the debt, or any! portion thereof, the debt will be assumed to be valid. If you notifyl this office in writing that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt or a copy of a judgment against the consumer and a copy of sucli verification or judgment will be mailed to you by this office. Upon your written request, this office will provide the consumer with the name and address of the original creditor, if different from the current creditor. Verification and Affidavit of Non Military Status 1, Lori Athmann, plaintiff's attorney, being sworn/affirmed, state that I am the attorney in this action, that I have read the complaint and that it is true to the best of my knowledge; that tenant(s) is/are not now in the military service of the United States, to the best of my information and belief. **"'Notice: A licensed attorney must sign the Complaint an in com: on behalf of a /appea1' corporation or LLC. In Hennepin County only, H l n ' ' :77 03 may' permit a corporation or LLC to file and appeai' in court/W1 Rt ,- leanse , t orneyfi" Dated: November 15, 2022 Signature 73-CV-22-9387 Filed in District Court State of Minnesota 11/15/2022 1:29 12/16/2022 1:33 PM I declare under penalty 0f perjury that everything I have stated in this document is tme and correct. Minn. Stat. § 358.116. Dated this 15'" day of November, 2022. JOVA 'VIC 'G HMANN, PA By E061: Atlimaztn - 0353450 Attorney for Plaintiff Landlord 1010 West St. Germain, Suite 420 St. Cloud, MN 56301 Telephone: (320)230-0203 73-CV-22-9387 Filed in District Court Filed in District Court State of Minnesota 12/16/2022 1:29 PM State of Minnesota 12/13/2022 State of Minnesota District Court Stearns County Seventh Judicial District Court File Number: 73‐CV‐22‐9387 Case Type: Eviction (UD) Eviction Summons (Minn. Stat. § 504B.321) Park Meadows Apartments ‐ Centerspace vs Yarlin Pena, Julio Rosario From: The State of Minnesota To: The Defendants named above The Plaintiff/Landlord has filed an eviction complaint against you. YOU ARE SUMMONED to appear for a hearing about the eviction complaint attached to this paper. A summons means you have to appear for court. If you do not appear for court, the Plaintiff/Landlord will automatically win. This means you could lose your home. Hearing Information December 27, 2022 at 2:15 PM This will be a remote hearing, and appearance shall be by video and audio unless otherwise directed with Judicial Officer Mary B. Mahler, Stearns County District Court. Please refer to the attached notice of remote hearing for details on how to participate in the hearing. Do you need an interpreter? Call court administration as soon as possible (at least 2 days before your hearing) if you need an interpreter for yourself or for a witness. This summons is from the court: Park Meadows Apartments ‐ Date: 12/13/2022 Centerspace Plaintiff / Agent / Attorney Court Administration 320‐230‐0203 By: Brenda Lind Telephone About Eviction Court What happens at eviction court? MNCIS‐HOU‐119R STATE Eviction – Remote Summons 9/22 73-CV-22-9387 Filed in District Court State of Minnesota 12/16/2022 1:29 PM The judge will decide whether you have to move, or if you can stay in your home. You can try to work out a deal with the landlord or ask for a court trial. What happens if I am late or if I miss court? You could lose the case automatically and get an eviction on your record. The judge can order you to move right away; and if you do not move, the sheriff can move you out and put all your belongings into storage. You will then have to pay the storage and moving costs before you can get your belongings back. What are my rights? You have the right to tell the judge your side of the case. For example: If you believe that all or some of the things that your landlord says in the attached papers are wrong, you can tell those things to the judge. If you believe that your landlord is trying to evict you because of something you did to protect your rights, as a tenant, you can explain that to the judge. If the attached papers say that you have not paid rent, and you believe that your apartment is in bad condition and needs repairs, you can tell that to the judge. Have the total rent owed with you at the hearing. You have the right to have witnesses and to present evidence. You may have other defenses. You should research the law or ask an attorney. You may attend the hearing and speak for yourself or you may have a lawyer with you to represent you. If you want a lawyer, you must get one right away. Helpful Resources Tenant Information: mncourts.gov/Help‐Topics/Tenants.aspx Landlord Information: mncourts.gov/Help‐Topics/Landlords.aspx Legal Assistance: LawHelpMN.org/evictions Other Resources for Finding a Lawyer: mncourts.gov/Help‐Topics/Find‐a‐Lawyer.aspx Important! You may be connecting from home, but it is still a court hearing. Pay attention and follow all rules. To receive an eReminder for future court dates via e‐mail or text, visit www.mncourts.gov/Hearing‐eReminders.aspx or scan the QR code to enroll. MNCIS‐HOU‐119R STATE Eviction – Remote Summons 9/22