STATE OF MINNESOTA
COUNTY OF DAKOTA
FIRST JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL/
CITIFINANCIAL SERVICES, INC.,
SUMMONS BY PUBLICATION
THE UNKNOWN HEIRS OF THOMAS L. CUNNINGHAM,
CAPITAL ONE BANK (USA), N.A.,
JOHN DOE and MARY ROE,
THIS SUMMONS IS DIRECTED TO THE UNKNOWN HEIRS OF THOMAS L. CUNNINGHAM AND BARBARA CUNNINGHAM.
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff\'s 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. 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:
Schiller & Adam, P.A., The Academy Professional Building, 25 North Dale Street, St. Paul, MN 55102.
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 Dakota County, State of Minnesota, legally described as follows:
Lot Nineteen (19), Block One (1), Henrietta Addition
The object of this action is to declare that the unknown heirs of Thomas L. Cunningham hold no right; title nor interest in the subject real property and that Plaintiffs mortgage filed of record with the Dakota County Recorder on March 24, 2008 as Document No. 2579857 is a valid and enforceable first mortgage lien interest in the subject real property.
SCHILLER & ADAM, P.A.
Dated: January 9, 2014
By: /s Rebecca F. Schiller
Rebecca F. Schiller (#231605)
Attorney for Plaintiff
The Academy Professional Building
25 North Dale Street
St. Paul, MN 55102
Telephone: (651) 209-9760