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Home My WebLink About2012-08-21 CA Ltr to Property Owners Mailing Summons & Order for Hazardous Property Condition ECKBERG tea, ti,, LAMMER f S \ 1 1 R \ c > > \ t 1. \\\ Stillwater Office: 1809 Northwestern Avenue S tillwater, Minnesota 55082 Writer's Direct Dial: 651- 351 -2125 (651) 439 -2878 Writer's E.maik• apratt®eckberglammers.com Fax (651) 439-2923 � Hudson Office: August 21, 2012 430 Second Street Hudson, Wisconsin 54016 VIA U.S. MAIL (715) 386 -3733 Fax (715) 386 -6456 Helen Peterson Lois Peterson 6111 North Paris Avenue, Apt. 1 126 North Owens Street www.eckbergiammers.com Stillwater, Minnesota 55082 Stillwater, Minnesota 55082 Dale Richert Diane Oehlke 9353 Norell Avenue North 436 Dayton Avenue #10 Stillwater, Minnesota 55082 Saint Paul, Minnesota 55102 Jeanne Clark Suzanne Johnson 306 Magic Oaks Court W8606 County Road C Spring, Texas 77388 Wautoma, Wisconsin 54982 Dwayne Oehllce Helen Peterson 8935 Greenway Avenue South 15405 57th Street North Cottage Grove, Minnesota 55016 Stillwater, Minnesota 55082 Re: Order Regarding Hazardous and Unsanitary Buildings and .Property 15405 57th Street North, Oak Park Heights, Minnesota Dear Fee Owner and Lien Holders: You have each been identified as a Defendant in the above- referenced action, which is a matter commenced by the City of Oak Park Heights, Minnesota (the "City ") to correct the hazardous conditions located at 15405 57th Street North in the City (the "Property"), including but not limited to the razing of the residence and outbuilding on the Property, improving the site condition of the Property, and grading the Property to provide proper drainage. Concurrently with this correspondence, you have received a copy of a Summons and the Order of the City with regard to the hazardous conditions on the Property. The City is willing and able to engage and complete the cleanup of the Property, and has initiated the process under state law in which to do so. You have the opportunity to object to this process if you wish, or you may consent. Consent by all parties to the proceeding will facilitate the City access to the Property in a more efficient matter to complete cleanup efforts. Within the documents you have received, you will find a waiver of your rights to file an Answer and object to the proceeding, and a consent to any Et' K11EERG. l.: \\UMLRS. BRIGGS. \\101 Fl t' VltRLI \G. 1'111' Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning 1 Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation assessment imposed for the cleanup costs. If the waiver is signed by all parties to this proceeding, the City will undertake efforts or will engage a contractor to correct the hazardous conditions present on the Property, pursuant to the enclosed Order. The City will assess any costs thereof directly against the Property. If any one of you decides to submit an Answer and oppose this proceeding, then you must follow the statutory proceedings relative to contested case proceedings and this matter will proceed through District Court, which will have the effect of delaying the City's efforts to access the Property for clean -up. If any one of you is willing to correct the hazardous conditions on the Property to the City' s satisfaction, or wishes to undertake an alternative arrangement with the City to cleanup the Property, please contact City Administrator Eric Johnson at 651- 439 -4439. If you have any questions in this matter, please contact me. Thank you in advance for your attention and consideration of this matter. Sincerely, • Andrew J. Pratt Enclosures Cc: City of Oak Park Heights STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT City of Oak Park Heights, a Minnesota statutory Court File No: TBA city, Case Type: 14 /Other Civil Plaintiff, vs. SUMMONS Helen Peterson, Lois Peterson, Dale Richert, Diane Oehlke, Jeanne Clark f/k/a Jeanne Oehlke, Suzanne Johnson f/k/a Suzanne Oehlke, Dwayne Oehlke, and all other persons or parties unknown claiming any right, title, estate, lien, or interest in and to land described within the Order attached hereto, Defendants. THIS SUMMONS IS DIRECTED TO DEFENDANTS ABOVE- NAMED: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff's Order 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: Andrew J. Pratt Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Order. In your Answer you must state whether you agree or disagree with each paragraph of the Order. If you believe the Plaintiff should not be given everything asked for in the Order, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN • RESPONSE TO THE ORDER 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 stated in the Order. If you do not want to contest the claims stated in the Order, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Order. 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 Order 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 Washington County, State of Minnesota, legally described as follows: Lots Two (2), Four (4), Six (6), Eight (8), Ten (10) and Twelve (12), in Block Five (5), of Beach's Addition to Oak Park, Washington County, Minnesota. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. Dated: August 7 i , 2012 By: Andrew J. Pratt, Esq. (#0341642) Attorney for Plaintiff 1809 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 2 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT City of Oak Park Heights, a Minnesota Case Type: 14 /Other Civil statutory city, Court File No: TBA Plaintiff, NOTICE AND ACKNOWLEDGMENT ` OF SERVICE BY MAIL Helen Peterson, Lois Peterson, Dale Richert, Diane Oehlke, Jeanne Clark f/kla Jeanne Oehlke, Suzanne Johnson f/k/a Suzanne Oehlke, Dwayne Oehlke, and all other persons or parties unknown claiming any right, title, estate, lien, or interest in and to land described within the Order attached hereto, Defendants. IN THE MATTER ER OF THE ORDER OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA REGARDING HAZARDOUS, UNSANITARY, DILAPIDATED AND ABANDONED BUILDINGS AND PRPERTY LOCATED AT 15405 57TH STREET NORTH, OAK PARK HEIGHTS, MINNESOTA, 55082 TO THE ABOVE -NAMED DEFENDANTS: The enclosed Summons and Order of the City of Oak Park Heights, Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 15405 57th Street North, Oak Park Heights, Minnesota, 55082 are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the completed form to the undersigned within twenty (20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the Summons and Order of the City of Oak Park Heights, Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 15405 57th Street North, Oak Park Heights, Minnesota, 55082 and does not waive any other defenses. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the undersigned within twenty (20) days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving the Summons and Order of the City of Oak Park Heights, Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 15405 S7th Street North, Oak Park Heights, Minnesota, 55082 in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the Order of the City of Oak Park Heights, Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 15405 57th Street North, Oak Park Heights, Minnesota, 55082 within twenty (20) days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Order of the City of Oak Park Heights. Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 1 5405 57th Street North, Oak Park Heights, Minnesota, 55082. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Order of the City of Oak Park Heights, Minnesota Regarding Hazardous, Unsanitary, Dilapidated and Abandoned Buildings and Property Located at 15405 S7th Street North, Oak Park Heights, Minnesota, 55082 was mailed on the 21st day of August, 2012. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. Dated: August 21, 2012 By: �� Andrew J. Pratt, Esq. (#0341642) Attorney for Plaintiff 1809 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 WAIVER OF RIGHT TO INTERPOSE AND ANSWER AND CONSENT TO ASSESSMENT The Undersigned does hereby consent to the proceedings in this matter initiated by the City of Oak Park Heights, Minnesota to correct the hazardous conditions present on the property located at 15405 57th Street North, as described within the Order, and waives and releases its right to interpose and Answer in this matter understanding that the City will enter the site, correct the hazardous conditions, which includes but is not limited to the razing and removal of the residence and the outbuilding on the property, improvement of the site conditions on the property, and grading the property to provide proper drainage. The undersigned also understands the City will assess the property for its costs and expenses in doing the work on the site together with its administrative and legal expenses incurred within this proceeding pursuant to Minnesota Statutes, Section 463.21, as amended. The undersigned does hereby waive that Notice of Hearing, Right to Object and Right to Appeal such assessment under Minnesota Statutes, Sections 429.061 and 429.081. Dated: Dale Richert Relationship to Entity/Authority to Receive Service of Process