Notice of Summons

State of Minnesota

County of Carver

District Court

First Judicial District


Case Type: Mortgage Foreclosure, Other Contract & Other Civil

Court File No: 10-CV-12-1631


MidCountry Bank, f/k/a Bayside Bank, Plaintiff, vs. John H. Cross, Sr., Judith L. Cross, Brian Nelson and Cheryl Nelson, Defendants.




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:

Gislason & Hunter LLP

2700 South Broadway

P. O. Box 458

New Ulm, MN 56073

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

That part of the North 350 feet of the Northwest Quarter of the Northwest Quarter of Section 35, township 117 North, Range 25 West of the 5th Principal Meridian, lying Westerly of a line drawn South parallel with the West line of said Northwest Quarter of the Northwest Quarter from a point on the North line of said Northwest Quarter of the Northwest Quarter distant 366 feet East of the Northwest corner of said Northwest Quarter of the Northwest Quarter, excepting therefrom the North 270.00 feet of the East 140.00 feet thereof. (Commonly known as 11165 Highway 7, Waconia, Minnesota, 55387).

The object of this action in part is for the purpose of foreclosing the mortgage held by MidCountry Bank, f/k/a Bayside Bank, covering property situated, lying, and being in County of Carver, State of Minnesota, more particularly described as shown above, dated November 7, 2003, and recorded in the office of the Carver County Recorder on April 2, 2004, as Document Number A-383208.


Dated this 5th day of December, 2012.


Signed:  Justin P. Weinberg #313798

John M. Schmid #0393382


Attorneys for Plaintiff MidCountry Bank

2700 South Broadway

P. O. Box 458

New Ulm, MN 56073-0458

Fax: 507-354-8447


(Published in Carver County News Feb. 28, March 7 and March 14, 2013)