PN-1-Summons Wells Fargo vs Paulsen 3739






Court File No.: 23-CV-18-581

Case Type: 14 - Other Civil

Real Estate/Declaratory Judgment

Wells Fargo Bank, National Association, as Indenture Trustee for GMACM Home Equity Loan Trust, 2004-HE5,



Erik Paulsen, Heather Behnke, also all heirs and devisees of any of the above named persons who are deceased; and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the Complaint herein, John Doe, Mary Roe,



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:

PFB Law Professional Association

Attorney for Plaintiff

55 East Fifth Street, #800

St. Paul MN 55101

(651) 291-8955

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 Fillmore County, State of Minnesota, legally described as follows:

South Fifty feet of Lots 67 and 68 in Block 6, in City of Rushford (Original Town). Also that part of the vacated alley in Block 6 described as follows: Comm. at the SE. corner of Lot 67; thence South parallel with Elm St. 10 feet; thence West parallel with the South side of Lots 67 and 68, 100 feet, thence North 10 feet; thence East along the South side of Lots 67 and 68 to the point of beginning. Also, the East 18 feet of the South 50 feet of Lot 69, Block 6, Original Town, now City of Rushford, Minnesota.

The object of said action, among other things, is to obtain judgment that a mistake and/or error occurred in the legal description of the Sheriff’s Certificate of Sale, dated July 12, 2018, recorded July 13, 2018, as Document No. 418086, in the office of the Fillmore County Recorder, and to reform said document.


Pursuant to Minn. Stat. § 557.03 you are hereby served with the notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the Plaintiff.

Date: August 2, 2018


By: /s/ Michael V. Schleisman

Michael V. Schleisman (#0394992)

55 East Fifth Street, Suite 800

St. Paul, MN 55101

(651) 291-8955

Fax: (651) 228-1753

Attorney for Plaintiff


9/12, 9/19, 9/26