Northern Mechanical Vs. Hastings Creamer

SUMMONS
STATE OF MINNESOTA
COUNTY OF DAKOTA
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Case Type: Mechanic’s Lien
Court File No. 19HA-CV-24-2348
Northern Mechanical Contractors,
LLC,
Plaintiff,
v.
Hastings Creamery LLC, 3D LLC,
Glenwood State Bank, MAC
Construction Services, LLC; Daley
Electric, LLC; Niebur Services Inc.;
XYZ Corporation; ABC Partnership;
John Doe and Mary Roe, whose
true names are unknown to
Plaintiff,
Defendants.
THIS SUMMONS IS DIRECTED
TO THE ABOVE-NAMED DEFENDANTS:
1. YOU ARE BEING SUED.
The Plaintiff has started a lawsuit
against you. The Plaintiffs Complaint against you is attached
to this Summons. Do not throw
these papers away. They are official papers that affect your rights.
Plaintiffs Complaint has been filed
with the Court Administrator in the
above-named Court and the Summons shall be of no effect unless
Plaintiffs Complaint be in fact so
filed. You must respond to this lawsuit even though there may be no
court file number on this Summons.
2. YOU MUST REPLY WITHIN
21 DAYS TO PROTECT YOUR
RIGHTS. You must give or mail to
the person who signed this Summons a written response called
an Answer within 21 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:
Orme & Associates, Ltd., 4040
Nicols Road, Eagan, MN 55122.
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 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 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. ONE OF THE OBJECTS OF
THIS ACTION is to enforce and
foreclose a Mechanic’s Lien against
the property described in Exhibit A
attached hereto for the sum of $16,
290.00, with interest thereon at the
highest rate allowed by law, and
Plaintiffs costs and disbursements
incurred herein, including reasonable attorneys’ fees. Plaintiff provided plumbing labor and materials
for the remodel and expansion of
the existing creamery building.
Dated: May 17, 2024.
ORME & ASSOCIATES, LTD.
By: /S/DANA K. NYOUIST
Michael J. Orme
Attorney No. 199333
Dana K. Nyquist
Attorney No. 250211
Attorneys for Plaintiff
4040 Nicols Road
Eagan, MN 55122
Telephone: (651) 688-7646
EXHIBIT A
The North 150 feet of the West
330 feet of Lot 5, Auditor’s Subdivision No. 9, Dakota County, Minnesota.
That part of Lot 5, Auditor’s Subdivision No. 9 described as follows:
Commencing at the southwest
corner of said Lot 5 and running
thence East on the north line of 18th
Street 200.00 feet; thence North
150.00 feet; thence East 130 feet;
thence North 100.00 feet; thence
West 330 feet to the east line of
Vermillion Street; and thence South
on Vermillion Street to the place of
beginning, according to the recorded plat thereof.
And also all that part of Lot 5,
Auditor’s Subdivision No. 9 described as follows: Commencing
at a point 200.00 feet East of the
southwest corner of said Lot 5 of
said Auditor’s Subdivision No. 9;
thence North 150.00 feet; thence
East 130.00 feet; thence South 150
feet to the South line of said Lot 5;
thence West, along said south line
of said Lot 5,130 feet to the point
of beginning, according to the recorded plat thereof, Dakota County, Minnesota.
Except that part conveyed to the
State of Minnesota per Document
No. 959524 described as follows:
That part of the South 250 feet
of the West 330 feet of Lot 5, Auditor’s Subdivision No. 9, according
to the plat thereof on file and of
record in the office of the County
Recorder in and for Dakota County,
Minnesota which lies southerly of
Line 1 described below.
Line 1: Beginning at the point
of termination of Line 2 described
below; thence run northerly at
right angles to said line 2 for 33
feet; thence run westerly parallel
with said line 2 for 253 feet (measured along said Line 2); thence
run northwesterly to a point distant
40 feet northeasterly (measured at
right angles) of a point on said Line
2, distant 235.17 feet easterly of
its point of beginning; thence run
northwesterly to the point of intersection of the west line of said Lot
5 with a line run easterly at right angles to Line 3 described below from
a point thereon, distant 44.79 feet
northerly of its point of beginning
and there terminating.
Line 2: Beginning at a point on
the west line of Section 34, Township 115 North, Range 17 West,
distant 1329.53 feet southerly
of the northwest corner thereof;
thence run easterly at an angle of
85 degrees 07 minutes 17 seconds
from said west section line (measured from south to east) for 175.17
feet; thence deflect to the right at
an angle of 08 degrees 03 minutes
59 seconds for 123.72 feet; thence
deflect to the left on a tangential
curve having a radius of 954.93 feet
and a delta angle of 12 degrees 56
minutes 53 seconds for 215.8 feet:
thence on tangent to said curve for
10.48 feet and there terminating.
Line 3: Beginning at a point on
Line 2 described above, distant
175.17 feet east of its point of beginning; thence run northerly at an
angle of 85 degrees 06 minutes 06
seconds from said Line 2 (measured from west to north) for 72.79
feet and there terminating.
Published in the
Dakota County Tribune
May 24, 31, June 7, 2024
1398367