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Public Notice

NOTICE  OF AND ORDER FOR HEARING ON PETITION FOR DETERMINATION OF
DESCENT

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
PROBATE DIVISION
SIXTH JUDICIAL DISTRICT
Court File No. 69VI-PR-17-16
In Re the Estate of:
Cicely d’Autremont Angleton,
a/k/a/ Cicely d’A. Angleton
a/k/a/ Cicely Harriet d’Autremont,
Decedent.
   A Petition for Determination of Descent has been filed with this Court. The Petition represents that the Decedent died more than three (3) years ago leaving property in Minnesota and requests the probate of Decedent’s last Will (if any), and that the descent of such property be determined and assigned by this Court to the persons entitled to the property.
   Any objections to the Petition must be filed with the Court prior to or raised at the hearing. If proper, and no objections are filed or raised, the Petition may be granted.
  It is Ordered, and Notice is further given, that the Petition will be heard on March 15, 2017, at 9:30 a.m., at a Hearing held by this Court at Virginia, Minnesota.
  1. Notice shall be given to all interested persons (Minn. Stat. Sec. 524.1-401) and persons who have filed a demand for notice pursuant to Minn. Stat. Sec. 523.3-204.
  2. Notice shall be given by publising this Notice and Order as provided by law and by mailing a copy of this Notice and Order at least fourteen (14) days prior to the hearing date.
Dated: February 9, 2017
BY THE COURT:­
JAMES B. FLOREY
Judge of District Court
Amy Turnquist
Court Administrator
Stefanie Higgins,
Deputy
Attorney for Petitioner
Charles H. Andresen, #2604
Hanft Fride, P.A.
130 W. Superior Street
1000 US Bank Place
Duluth, MN 55802
218-722-4766
P.J. – February 16 and 23, 2017


ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT
OF PERSONAL
REPRESENTATIVE IN
SUPERVISED
ADMINISTRATION AND
NOTICE TO CREDITORS
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
PROBATE DIVISION
Court File No. 69DU-PR-17-24
In Re: Estate of Edward Frank Kellner, Deceased.
   TO ALL INTERESTED PERSONS AND CREDITORS:
  It is Ordered and Notice is hereby given that on the 14th day of March, 2017, at 1:30 p.m., a hearing will be held in the above-named Court at Duluth, Minnesota, for the formal probate of an instrument purporting to be the Will of the above-named decedent, dated February 27, 2013, and for the appointment of Robyn Wojciechowski, whose address is 6011 Lamborn Ave., Superior, WI 54880 and Kathryn Kellner-Robinson, whose address is 2318 W. 9th St., Duluth, MN 55806 as Co-Personal Representatives of the estate of the above-named decedent in supervised administration, and that any objections thereto must be filed with the Court.  That, if proper, and no objections are filed, said Co-Personal Representatives will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate.  Upon completion of the administration, the Co-Representatives shall file a Final Account for the allowance and shall distribute the estate to the persons thereto entitled as ordered by the Court, and close the estate.
  Notice is further given that ALL CREDITORS having claims against said estate are required to present the same to said Co-Personal Representatives or to the Clerk of the Court within four months after the date of this Notice or said claims will be barred.
 Dated:  February 1, 2017
(COURT SEAL)
Mark A. Munger
Judge
Amy L. Turnquist
Court Administrator
Debra Thorstensen
Deputy Clerk
Attorney For Personal
Representatives:
Timothy N. Downs #24119
The Downs Law Firm
306 West Superior Street,
Suite 200
Duluth, MN 55802-1973
(218) 727-7221
P.J. – February 9 and 16, 2017


Amended
NOTICE AND ORDER OF HEARING ON PETITION FOR PROBATE OF WILL AND
APPOINTMENT OF
PERSONAL
REPRESENTATIVE AND
NOTICE TO CREDITORS IN
A FORMAL  SUPERVISED
ESTATE
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
PROBATE DIVISION
SIXTH JUDICIAL DISTRICT
Court File No. 69DU-PR-16-352

Estate of
Lissa R. Henricksen,
Decedent

  It is Ordered and Notice is given that on March 14, 2017, at 1:30 p.m., a hearing will be held in this Court at 100 N. 5th Ave. W. Duluth, Minnesota, for the formal probate of  an instrument purporting to be the Will of the Decedent, dated March 1, 2016, and (“Will”), and for the appointment of Roxanne Kaldor, whose address is 12911 W. 6th St., Duluth, MN, 55808 as Personal Representative of the Estate of the Decedent in a SUPERVISED administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the Personal Representative will be appointed with full power to administer the Estate including the power to collect all assets, to pay all legal debts, claims, taxes and expenses, to sell real and personal property, and to do all necessary acts for the Estate.
   Notice is also given that (subject to Minnesota  Statutes section 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
  A charitable beneficiary may request notice of the probate proceedings be given to the Attorney General pursuant to Minnesota Statutes section 501B.41, subdivision 5.
Dated:   February 8, 2017
(COURT SEAL)
BY THE COURT
Mark A. Munger
Judge of District Court
Amy Turnquist
Court Administrator
Debra Thorstensen
Deputy
Attorney for Petitioner
Yvonne Michaud Novak
YMNLAW, PSC
202 W Superior St., STE 208
Duluth, MN, 55802
Attorney License No: 0333578
Telephone: (218) 720-2888
FAX: (866) 366-7695
Email: yvonne@ymnlaw.com
P.J. – February 16 and 23, 2017


SUMMONS

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
Court File No.:69DU-CV-17-156
Case Type: 3B. Other Contracts

PAIGE STORSTEEN and
NAOMI STORSTEEN  
Plaintiffs,
vs
MICHAEL BERGHORN
and JOHN BERGHORN,
Defendants.

THIS SUMMONS IS DIRECTED TO MICHAEL BERGHORN and
JOHN BERGHORN.
  1. YOU ARE BEING SUED. Plaintiffs have 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. You must respond to this lawsuit even though it may not 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:

DRYER STORAASLI KNUTSON
& POMMERVILLE, LTD.
202 West Superior Street,
Suite 200
Duluth, MN 55802-1960
  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 for resolving this dispute.
Dated: September 7, 2016
/s/ Mark L. Knutson
Mark L. Knutson, Atty. No. 57149
DRYER STORAASLI KNUTSON
& POMMERVILLE, LTD.
Attorneys for Plaintiffs
202 W. Superior Street, Suite 200
Duluth, MN 55802-1960
Telephone: (218) 727-8451
Facsimile: (218) 727-6081
P.J. - February 16, 23 and March 2, 2017


NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.

NOTICE IS HEREBY GIVEN:
That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: April 17, 2006

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:  $45,000.00

MORTGAGOR(S): Harvey L. Rudeck, deceased and Patricia A. Rudeck, a single person.

MORTGAGEE:  Minnesota Power Employees Credit Union, a Minnesota credit union

DATE AND PLACE OF FILING:  August 2, 2006 in the office of the St. Louis County Recorder, as Document No. 01025611.
 
LEGAL DESCRIPTION OF PROPERTY:  The property is legally described as follows:

Lot Seven (7), Section Six (6), Township Fifty-six (56) North of Range  Fourteen (14) West of the Fourth Principal Meridian, subject to easements, covenants, restrictions and mineral reservations of record, if any. Parcel Code No. 642-0010-00910

COUNTY IN WHICH PROPERTY IS LOCATED: St. Louis County, Minnesota

AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE:     $39,516.97
                 
THAT no action or proceeding has been instituted at law to recover the debts secured by said Mortgage, or any part thereof; that there has been compliance with all the pre-foreclosure notice and acceleration requirements of said Mortgage, and/or applicable statutes;
PURSUANT, to the power of sale contained in said Mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE:  March 21, 2017, 10:00 a.m.

PLACE OF SALE: St. Louis County Sheriff’s Office, 100 North 5th Avenue West, Room #103, Duluth, MN  55802, to pay the debt then secured by said Mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law.  

REDEMPTION: This is a "voluntary foreclosure" under Minn. Stat. 582.32, et seq., conducted pursuant to a Voluntary Foreclosure Agreement between mortgagor and mortgagee dated February 1, 2017. The time allowed by law for redemption by said mortgagor, its successors or assigns is two (2) months from the date of sale. The holder of a junior lien who has filed a notice of intent to redeem may redeem in the order and manner provided in Minn. Stat. 582.32, Subd. 9, after expiration of the mortgagor's redemption period.

THE TIME ALLOWED BY LAW FOR REDEMPTION BY MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: January 31, 2017
JOHNSON KILLEN
& SEILER, P.A.
By: /s/ Roy J. Christensen               
Roy J. Christensen, Esq.,
Atty #0302508
 230 W. Superior St., Ste. 800
Duluth, MN 55802
(218)722-6331
Attorneys for Minnesota Power Employees Credit Union

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
P.J. – February 9, 16, 23 and March 2,  2017


ORDER TO SHOW CAUSE

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
File No. 69DU-CV-16-3027
   In the Matter of the Petition of
U.S. Bank National Association in relation to Certificate of Title No. 313290 issued for land in the County of St. Louis and State of Minnesota and legally described as follows:
Lot 24 Block 5 HARBOR VIEW DIVISION OF DULUTH
TO: Bernie Thompson, Carl Thompson, Donna Shaw, Tony Thompson, Beth Wade, Amanda Mann, and the unknown heirs of Wayne E. Thompson, deceased.
   Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter,
   IT IS ORDERED, that you, and all persons interested, appear before this Court on March 15, 2017, at 10:00 a.m. in Room 101 of the St. Louis County Courthouse in said County, and then, or as soon thereafter as the matter can be heard, show cause, if there is any, why this Court should not enter an Order as follows:
   That the Registrar of Titles, upon the filing of a certified copy of this Order, cancel Certificate of Title No.  313290 and enter a new Certificate of Title for land therein described in favor of U.S. Bank National Association, subject to the memorial of Document No. 158352, but free from all other memorials now appearing on the present Certificate of Title, and free also from the memorial of this Order.  
  Attendance is required only by those who wish to object to the entry of the above-described Order.
   IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days before the hearing upon the above-named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) at least 14 days before the hearing upon each of the above-named nonresidents by sending a copy of this Order to the nonresident’s post office address, by registered or certified mail, return receipt requested; (c) upon each of the above-named parties who cannot be found by three weeks published notice and by sending a copy of this Order at least 14 days before the hearing by first class mail to the last known address of the party and by sending another copy of this Order at least 14 days before the hearing by first class mail to the address of such party as stated on the Certificate of Title if an address is so stated; (d) upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat., Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn. Stat. §5.25.
Dated: January 19, 2017
Approved: Examiner of Titles
By: /s/ Kimberly E. Brzezinski
Kimberly E. Brzezinski
By: /s/ Dale O. Harris
Dale O. Harris
Judge of the District Court
USSET, WEINGARDEN & LIEBO P.L.L.P
/s/ David J. Usset
David J. Usset, #111892
Attorney for Petitioner
4500 Park Glen Road, Suite 300
Minneapolis, Minnesota 55416
(952) 925-3644 Telephone
(952) 925-5879 Facsimile
P.J. –February 2, 9 and 16,  2017


COMPLAINT

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
Court File No.:69DU-CV-17-156
Case Type: 3B. Other Contracts

PAIGE STORSTEEN and NAOMI STORSTEEN Plaintiffs,
vs
MICHAEL BERGHORN and JOHN BERGHORN,
Defendants.

Plaintiffs state and allege as follows:
  1. Plaintiff Paige Storsteen at the present time is a resident of Duluth, St. Louis County, Minnesota.
  2. Plaintiff Naomi Storsteen at the present time is a resident of Duluth, St. Louis County, Minnesota. Naomi Storsteen is the grandmother of Paige Storsteen.
  3. Defendant Michael Berghorn at the present time is a resident of Ironwood, Gogebic County, Michigan.
  4. Defendant John Berghorn at the present time is a resident of Barrington, Lake County, Illinois. John Berghorn is the father of Michael Berghorn.
  5. Plaintiff Paige Storsteen and Defendant Michael Berghorn had a romantic relationship and began cohabiting in the fall of 2009. They last cohabited in August of 2015. Paige Storsteen had been a resident of Duluth, MN. Michael Berghorn had been a resident of Hurley, Wisconsin.
  6. In September of 2010, Plaintiff Paige Storsteen learned that she was pregnant and that Michael Berghorn was the father. Paige Storsteen informed Michael Berghorn about that at that time. Beginning in about September of 2010, Michael Berghorn and Paige Storsteen decided that they should purchase a house in which to live together in with their child. Michael Berghorn and Paige Storsteen planned to be married. Their child, Grace Naomi Berghorn was born on April 27, 2011, in Duluth, Minnesota.
  7. At the time that Paige Storsteen learned that she was pregnant with Michael Berghorn’s child, Michael Berghorn stated that he was married but was in the process of being divorced. Michael Berghorn stated that he could not put the house in his name and should not have any ownership interest in the house due to the current marriage and his pending divorce. Michael Berghorn, and his father, John Berghorn, suggested that the house be purchased for Paige Storsteen and Michael Berghorn and put in the name of John Berghorn temporarily so that
it was not an asset of Michael Berghorn and since it would be faster and easier that way.
  8. During the fall of 2010, Paige Storsteen and Michael Berghorn previewed a number of houses in the Hurley, Wisconsin and Ironwood, Michigan area as suitable residences for them. On some of those visits, the parents of Paige Storsteen went to the area of Hurley, Wisconsin and Ironwood, Michigan to help their daughter and Michael Berghorn look for a suitable house for the two of them.
  9. During the fall of 2010, Michael Berghorn came to Duluth, Minnesota approximately eight times to meet with Paige Storsteen and her parents and her grandmother, Naomi Storsteen. The purposes were often to discuss the upcoming child and to discuss the house that Michael Berghorn and Paige Storsteen would buy, or that would be bought for them and which would be put in their names at a later time. During these discussions, Michael Berghorn and Paige
Storsteeen met with Paige Storsteen’s grandmother, Naomi Storsteen, several times.
 10. When Naomi Storsteen learned that Paige Storsteen and Michael Berghorn were going to buy a house, she asked Paige Storsteen if they needed help with a loan for a downpayment. The initial house plans were to buy a smaller house which would have a smaller down payment. However, Paige Storsteen and Michael Berghorn ultimately decided to try to purchase the house located at N10414 Mount Zion Drive, Ironwood, Michigan. A downpayment of approximately $42,000 was needed. Paige Storsteen and Michael Berghorn asked Naomi Storsteen if she could loan them the $42,000 to help with the downpayment. She agreed to do so.
  11. On November 10, 2010, Naomi Storsteen was in Duluth, Minnesota. At the request of Paige Storsteen and Michael Berghorn for help with the downpayment on their house, Naomi Storsteen had her US Bank account in Duluth, MN wire the sum of $42,000 to Paige Storsteen’s Wells Fargo account in Duluth, MN. Paige Storsteen then got a cashier’s check
from her Duluth, MN Wells Fargo account. She got that cashier’s check printed at the Wells Fargo bank in Palatine, Illinois on November 2, 2010. The amount of that check was $42,000, a copy is attached as Exhibit “A”. That check was written to Michael Berghorn’s father, John Berghorn, and was given to Michael Berghorn and John Berghorn on or about November 2, 2010. John Berghorn and Michael Berghorn suggested that the house be put in John Berghorn’s name so that it would not cause problems with Michael Berghorn with his divorce or cause problems with his other affairs. Paige Storsteen did not object to the house being put in John Berghorn’s name, with the understanding that the house was really her house and Michael Berhorn’s house and that it would later be put in their names jointly. It was Paige Storsteen’s and Naomi Storsteen’s specific understanding that the $42,000 check was a loan. There was never any understanding that the $42,000 check was a gift to Michael Berghorn or a gift to John Berghorn. It was always the understanding that Paige Storsteen and Naomi Storsteen would be repaid that loan of $42,000.
 12. The house was purchased in December of 2012 with that down payment. Paige Storsteen attended the closing of this house, which she was promised was to be her house as well as Michael Berghorn’s house. The house was put in the name of John Berghorn. John Berghorn accepted the check from Minnesota as a loan and applied that to the purchase of the house title in his own name, with the promise that Paige Storsteen and Naomi Storsteen would be repaid the $42,000 and that the house would be put in Paige Storsteen’s name.
  13. Paige Storsteen and Michael Berghorn did not get married and are not married. Michael Berghorn acknowledged parentage of their daughter, Grace Naomi Berghorn. Paige Storsteen moved back to the Duluth, Minnesota area with their daughter in August of 2015.
  14. Michael Berghorn went to Duluth, Minnesota and met with Paige Storsteen and Naomi Storsteen, at least twice after December, 2012, about the $42,000 loan. On each of those occasions Michael Berghorn paid Naomi Storsteen $1,000 toward the $42,000 loan. One time the payment was made by way of a check for $1,000 on November 30, 2011. The other time it was made through a payment of $1,000 in cash to Naomi Storsteen. Since these two payments made by Michael Berghorn in Duluth, Minnesota, he has not made any other
payments in repayment of that loan. Michael Berghorn has repeatedly stated that he would repay this loan. John Berghorn has not made any payments on repayment of the loan. Paige Storsteen and Naomi Storsteen have demanded that this loan be repaid.
  15. The house remains in the name of John Berghorn. John Berghorn has been unjustly enriched by his receipt of this $42,000 loan, and his use of that loan to purchase a house in his name, and his refusal to repay the loan and put the house in Paige Storsteen’s name.
  16. Michael Berghorn has been unjustly enriched by having possession of this house without repayment of the $42,000 loan and not by repaying the $42,000 loan.
 17. There was not sufficient consideration for the payment to John Berghorn of $42,000 if the house was not to be put in Paige Storsteen’s name, at least as a joint owner.
 18. John Berghorn and Michael Berghorn have breached their contract with Paige Storsteen and Naomi Storsteen. They have breached their contract with Paige Storsteen and Naomi Storsteen that the $42,000 would be paid in full and that the house would be put in Paige Storsteen’s name.
 19. John Berghorn and Michael Berghorn have defrauded Paige Storsteen and Naomi Storsteen by accepting the payment of $42,000 and not repaying that in full and not putting the house in the name of Paige Storsteen and Naomi Storsteen.
  20. In addition to the promises to repay Naomi Storsteen the $42,000 loan, and to put the house in Paige Storsteen’s name as a condition of making and accepting that loan, Naomi Storsteen also is a third-party beneficiary of this transaction and is entitled to enforce those promises.
  21. Paige Storsteen and Naomi Storsteen are entitled to an award of attorneys’ fees and costs as provided by law.
 22. This obligation in the sum of $42,000 owed to Naomi Storsteen accrues interest pursuant to the applicable Minnesota Statutes at a minimum of 6% simple interest per year.
 23. It is unconscionable that Defendants would receive $42,000 from Plaintiffs for the purpose of purchasing a house in Paige Storsteen’s name, and for Defendants to not repay that loan and place the house in Plaintiff’s Paige Storsteen’s name.
BREACH OF CONTRACT
 24. Defendants Michael Berghorn and John Berghorn breached their contract with Paige Storsteen and Naomi Storsteen to repay the $42,000.
 25. Michael Berghorn and John Berghorn breached their contract with Paige Storsteen and Naomi Storsteen by not making Paige Storsteen a joint owner of the home.
FRAUD
 26. Defendants Michael Berghorn and John Berghorn defrauded Paige Storsteen and Naomi Storsteen.
 27. Defendants made a false representation that the house would be placed in Paige Storsteen’s name, which representation was a false representation.
 28. Defendants made a false representation that they would repay the $42,000 loan, which representation was a false representation about that future fact that the loan would be repaid since only $2,000 has been repaid.
  29. The false representations made by Defendants were material and susceptible of knowledge since they were in control of placing the house in Paige Storsteen’s name and also were in control of repaying the loan, and did not do so.
 30. The Defendants knew the representations were false, or made the representations without knowing whether they were true or false, since they have had ample opportunity to place the house into Paige Storsteen’s name or to repay the loan. They have not done so. They have only paid $2,000 toward the loan.
 31. The Defendants have relied on their misrepresentations as an incentive to receive the loan from Plaintiff in the sum of $42,000 to be used as a down payment for the purchase of the house.
 32. The Plaintiffs have reasonably relied on the representations of Defendants that the house would be put into Paige Storsteen’s name and that the loan will be repaid.
 33. Plaintiffs have suffered damages as a result of the misrepresentation of Defendants, since Defendants have not repaid the $42,000 loan in full and as a result of not having the house placed in the name of Paige Storsteen.
 34. Defendants therefore have defrauded Plantiffs and Plaintiffs are entitled to damages due to that fraud.
PUNITIVE DAMAGES
 35. Plaintiffs will request permission from the Court to formally plead a claim for punitive damages as a result of Defendants’ fraud and unjust enrichment and other grounds which would potentially entitle Plaintiffsa to an award of punitive damages.
MORTGAGE
 36. It was represented by the Defendants that they would place the house, purchased with the $42,000 loan, in the name of Paige Storsteen. They have not done so. Plaintiffs have long demanded repayment. $40,000 of that loan has not been repaid. Plaintiffs are entitled to interest and an equitable mortgage on that real property.
PROMISSORY ESTOPPEL
  37. Defendants Michael Berghorn and John Berghorn promised that, if Paige Storsteen individually, or with the assistance of Naomi Storsteen, paid $42,000 towards the
downpayment and purchase of the house, that Defendants Michael Berghorn and John Berghorn would repay the loan and would place the house in Paige Storsteen’s name. Plaintiffs Paige Storsteen and Naomi Storsteen did reasonably rely on those promises. Defendants are promissorily estopped from not repaying the $42,000 loan to Plaintiffs and from not placing the house in Paige Storsteen’s name. Defendant Michael Berghorn has paid only $2,000. The Defendants are liable for the remaining $40,000, and must put the house in Paige Storsteen’s name and are liable for such other damages are provided by law.
JURISDICTION
 38. Defendants Michael Berghorn and John Berghorn are subject to the jurisdiction of the Courts of Minnesota. The agreement to make the loan to Michael Berghorn and John Berghorn was negotiated and was made in Minnesota. The loan was wired from Naomi Storsteen’s Minnesota bank account to Paige Storsteen’s Minnesota Wells Fargo bank account. Paige Storsteen wrote the check to John Berghorn from her Minnesota Wells Fargo bank account.
 39. During his many visits to Minnesota, and while in Minnesota, Michael Berghorn represented that he and his father John Berghorn would repay the $42,000 loan, and that they would put the house in Paige Storsteen’s name.
  40. Michael Berghorn, while traveling to Minnesota, met with Paige Storsteen and Naomi Storsteen numerous times. During the course of those visits in Minnesota he made two payments to Naomi Storsteeen of $1,000 each.

REQUEST FOR RELIEF
WHEREFORE
Plaintiffs request that the Court enter Judgment against the Defendants, jointly and severally as follows:
 1. Enter Judgment in favor of Plaintiffs and against Defendants for each of the claims asserted in the Complaint;
 2. Enter Judgment in Favor of Plaintiffs, and against Defendants in the amount of $42,000 plus interest, minus credit for the two payments of $1,000 each which were made by Michael Berghorn;
 3. For an award of Plaintiff’s costs and disbursements and attorney’s fees as permitted by law;
  4. For an Order and Judgment establishing an equitable mortgage, on the real property, which is also the subject of this lawsuit, in the amount of $42,000; and
 5. For such other relief that may be just and proper.
Dated: September 7, 2016
By: DRYER STORAASLI
KNUTSON &
POMMERVILLE, LTD.
/s/ Mark L. Knutson
Mark L. Knutson, Atty. No. 57149
Attorneys for Plaintiff
202 W. Superior Street, Suite 200
Duluth, MN 55802-1960
Telephone: (218) 727-8451
Facsimile: (218) 727-6081
ACKNOWLEDGMENT
Plaintiff acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to defendant(s) pursuant to Minn. Stat. §549.211.
/s/ Mark L. Knutson
Mark L. Knutson
P.J. - February 16, 23 and March 2, 2017


City of Proctor Notice

Ordinance No.  01-17

An Ordinance granting Minnesota Energy Resources, a subsidiary of WEC Energy Group, a Wisconsin corporation, its successors and assigns, a natural gas franchise and the authority to construct, operate, maintain, and extend a natural gas distribution plant and system, and granting the right to use the streets, alleys, and other public places within the present or future corporate limits of the City of Proctor, Minnesota

Be it ordained by the City Council of the City of Proctor, Minnesota, as follows:

FRANCHISE GRANTED  
The City of Proctor, Minnesota, (hereinafter referred to as “Grantor”) hereby grants a non-exclusive franchise to Minnesota Energy Resources, a subsidiary of WEC Energy Group, a Wisconsin corporation, (hereinafter called “Grantee”), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over or across the present and future streets, alleys, avenues, bridges, public rights-of-way and public places as are now within the present or future limits of said Grantor, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof, and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof.  Such facilities shall include, but not be limited to, all mains, services, pipes, conduits and appliances necessary or convenient for transmitting, transporting, distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business.

TERM
The rights and privileges granted by this Ordinance shall remain in effect for a period of Twenty-five (25) years from the effective date of this Ordinance.

GOVERNING RULES AND REGULATIONS
This Ordinance is granted subject to all conditions, limitations and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by State or Federal law.  The rates to be charged by Grantee for service within the present or future corporate limits of Grantor and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee.  Provided however, should any judicial, regulatory or legislative body, having proper jurisdiction, take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and Grantor shall renegotiate the terms of this Ordinance in accordance with the action taken, so as to allow Grantee to be made whole economically.  In determining the rights and duties of the Grantee, the terms of this franchise Ordinance shall take precedence over any conflicting terms or requirements contained in any other Ordinance enacted by the Grantor.

If an energy supplier is unable to furnish an adequate supply of energy due to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing or allocating extensions of service or supply of energy to any customers or prospective customers, and withholding the supply of energy to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and shall be non-discriminatory as between communities receiving service from the Grantee.

CONSTRUCTION AND
MAINTENANCE OF
COMPANY FACILITIES
Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the inhabitants of Grantor and to the general public as is reasonably necessary; and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good as condition as existed immediately prior to excavation.  

Grantee agrees that for the term of this grant, it will use its best efforts to maintain facilities and equipment sufficient to meet the current and future energy requirements of Grantor, its inhabitants and industries.  While maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance, except that in emergency situations, Grantee shall take immediate unilateral actions as it determines are necessary to protect the public health, safety, and welfare; in which case, Grantee shall notify Grantor as soon as reasonably possible.

Grantor will give Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved that affect Grantee’s facilities.  The notice shall contain the nature and character of the improvements, the rights-of-way upon which the improvements are to be made, the extent of the improvements and the time when the Grantor will start the work, and, if more than one right-of-way is involved, the order in which this work is to proceed.  The notice shall be given to the Grantee a sufficient length of time, considering seasonable working conditions, in advance of the actual commencement of the work to permit the Grantee to make any additions, alterations, or repairs to its facilities.

EXTENSION OF COMPANY
FACILITIES
Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of Grantor.  

RELOCATION OF COMPANY FACILITIES
If Grantor elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right-of-way or public place for a public purpose, Grantee, upon reasonable notice from Grantor, shall remove and relocate its facilities or equipment situated in the public rights-of-way, if such removal is necessary to prevent interference and not merely for the convenience of the Grantor, at the cost and expense of Grantee.  If Grantor orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference and not merely for the convenience of the Grantor or other right-of-way user, Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment.  Grantor shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause Grantee unreasonable additional expense in exercising its authority under this section.  Grantor shall also provide a reasonable alternative location for Grantee’s facilities. Grantor shall give Grantee written notice of vacating of a public right-of-way.  Vacating of a public right-of-way shall not deprive the Grantee of its right to operate and maintain existing facilities, until the reasonable cost of relocating the same are first paid to the Grantee.

Any person or corporation desiring to move a building or other structure along, or to make any unusual use of any street, alley, avenue, bridge, public right-of-way or public place which shall interfere with the facilities or equipment of the Grantee, shall first give notice to the Grantor and the Grantee and a pay a sum sufficient to cover the expense and damage incident to the moving of Grantee’s facilities and equipment.  
FRANCHISE FEE
During the term of the Ordi-nance/Franchise hereby granted, the Grantor has the right to impose a franchisee fee by a separate ordinance adopted by the City Council, which ordinance may not be adopted until at least ninety (90) days after Notice enclosing such a proposed ordinance has been served upon the Grantee by certified mail. Grantee shall notify the Minnesota Public Utility Commission. Grantee shall not begin collecting the franchise fee until the first full billing cycle after at least sixty (60) days after said notice has been provided to the Minnesota Public Utility Commission.
CONFIDENTIAL
INFORMATION    
Grantor acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature.  If Grantee requests that any information provided by Grantee to Grantor be kept confidential due to such proprietary or commercial value, Grantor and its employees, agents, and representatives shall maintain the confidentiality of that information, to the extent allowed by law.  If Grantor is requested or required by legal or administrative process to disclose any such confidential information, Grantor shall promptly notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief.  Grantor shall use all reasonable efforts to ensure that the confidentiality of Grantee’s confidential information is maintained.

FORCE MAJEURE
It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to Force Majeure.  Force Majeure shall include, but not be limited to, the following:  1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines; 2) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars; 3) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, executive order, or regulation promulgated by a governmental authority having jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome.  Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provided, however, that this provision shall not obligate a party to settle any labor strike.

HOLD HARMLESS
Grantee, during the term of this Ordinance, agrees to save harmless Grantor from and against all claims, demands, losses and expenses arising directly out of the negligence of Grantee, its employees or agents, in the constructing, operating, and maintaining of distribution and transmission facilities or appliances of Grantee; provided, however, that Grantee need not save harmless Grantor from claims, demands, losses and expenses arising out of the negligence of Grantor, its employees or agents.

SEVERABILITY
If any clause, sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction, the remaining provisions shall not be affected.  

NON WAIVER
Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults, whether of like or different character.

REPEAL CONFLICTING
ORDINANCES
This ordinance, when accepted by Grantee as provided below, shall constitute the entire agreement between the Grantor and the Grantee relating to this franchise and the same shall supersede all prior ordinances pertaining to this franchise agreement, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 01-17 of the City of Proctor, Minnesota, is hereby repealed as of the effective date hereof.

EFFECT AND
INTERPRETATION
OF ORDINANCE
The captions which precede each section of this ordinance are for convenience in reference only and shall not be taken into consideration in the interpretation of any of the provisions of this ordinance.

EFFECTIVE DATE AND
ACCEPTANCE
This Ordinance shall become effective and be a binding contract between the Grantor and Grantee, upon its final passage and approval by Grantor, in accordance with applicable laws and regulations, and upon acceptance by Grantee by written instrument within sixty (60) days of passage by the governing body, and filed with the City Clerk of the City of     Proctor, Minnesota.  The City Clerk shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not, within sixty (60) days following passage of this Ordinance, express in writing its objections to any terms or provisions contained therein, or reject this ordinance in its entirety, Grantee shall be deemed to have accepted this ordinance and all of its terms and conditions.

First Reading passed and approved by the City Council of the City of Proctor, Minnesota, on this 17th day of January 2017,

Second Reading: passed and approved by the City Council of the City of Proctor, Minnesota, on this 6th day of February, 2017,
_________________________
        Mayor
ATTEST:
_________________________
City Clerk/Administrator
P.J. – February 16, 2017


Minnesota Secretary of State
CERTIFICATE OF
ASSUMED NAME
Minnesota Statutes Chapter 333

1.  List the exact assumed name under which the business is or will be conducted: Auditory Ascent
2. State the address of the principal place of business: 3283 Strand Road, Duluth, MN 55803  USA
3. List the name and complete street address of all persons conducting business under the above Assumed Name OR if an entity, provide the legal corporate, LLC, or Limited Partnership name and registered office address:
Robert Cole Grace
3283 Strand Road
Duluth, MN 55803
4.  I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes.  I understand that by signing this document, I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
Date:  January 19, 2017
/s/ Robert Grace,
Robert Cole Grace
Contact Name
January 4, 2017
Date
218-393-0156
Phone Number
Mailing Address:  None Provided
Email For  Official Notices:
colegrace@gmail.com
P.J. – February 9 and 16, 2017


Wisconsin Central Ltd. (WCL) hereby gives notice that it has filed an Antenna Structure Registration application, Form 854 File No. A1064660, with the Federal Communications Commission (FCC) for the construction of a 280-foot antenna lattice tower adjacent to WCL's rail yard at 797 East Railroad Avenue in Proctor, St. Louis County, Minnesota.  The tower will include FAA Style E, dual-red and medium intensity white obstruction lighting.  Interested persons may review the application by going to www.fcc.gov/asr/applications and entering the Form 854 file number, and may raise environmental concerns about the structure by filing a Request for Environmental Review with the FCC.  Instructions for making such filings can be found at www.fcc.gov/asr/environmentalrequest, and the FCC strongly encourages interested parties to make such filings online.  The mailing address for interested parties that would prefer to file by paper copy is:  FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street, S.W., Washington, DC  20554.  Those with questions may contact WCL's representative, Ron Callahan, at (708) 332-6227.
P.J. - February 16, 2017























ORDER TO SHOW CAUSE

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
File No. 69DU-CV-16-2852
 
 In the Matter of the Petition of
U.S. Bank National Association in relation to Certificate of Title No. 326765 issued for land in the County of St. Louis and State of Minnesota and legally described as follows:
  Lot 19 Block 2 COLMAN’S ADDITION TO DULUTH
TO: Leroy D. Matchett and Minnesota Department of Human Services
   Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter,
   IT IS ORDERED, that you, and all persons interested, appear before this Court on February 22, 2017, at 10:10 a.m. in Room 101 of the St. Louis County Courthouse in said County, and then, or as soon thereafter as the matter can be heard, show cause, if there is any, why this Court should not enter an Order as follows:
   That the Registrar of Titles, upon the filing of a certified copy of this Order, cancel Certificate of Title No.  326765 and enter a new Certificate of Title for land therein described in favor of U.S. Bank National Association,  free from all memorials now appearing on the present Certificate of Title, and free also from the memorial of this Order.  
  Attendance is required only by those who wish to object to the entry of the above-described Order.
   IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days before the hearing upon the above-named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) at least 14 days before the hearing upon each of the above-named nonresidents by sending a copy of this Order to the nonresident’s post office address, by registered or certified mail, return receipt requested; (c) upon each of the above-named parties who cannot be found by three weeks published notice and by sending a copy of this Order at least 14 days before the hearing by first class mail to the last known address of the party and by sending another copy of this Order at least 14 days before the hearing by first class mail to the address of such party as stated on the Certificate of Title if an address is so stated; (d) upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat., Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn. Stat. §5.25.
Dated: December 19, 2016
Approved: Examiner of Titles
By: /s/ Kimberly E. Brzezinski
Kimberly E. Brzezinski
By: /s/ Mark A. Munger
Mark A. Munger
Judge of the District Court
USSET, WEINGARDEN & LIEBO P.L.L.P
/s/ David J. Usset
David J. Usset, #111892
Attorney for Petitioner
4500 Park Glen Road, Suite 300
Minneapolis, Minnesota 55416
(952) 925-3644 Telephone
(952) 925-5879 Facsimile
P.J. – January 12, 19 and 26,  2017


NOTICE AND ORDER OF HEARING ON PETITION FOR SUMMARY ASSIGNMENT OR DISTRIBUTION AND FOR FORMAL PROBATE OF WILL AND NOTICE TO CREDITORS –NON-EXEMPT ESTATE
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
SIXTH JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION
Court File No. 69DU-PR-17-3

Estate of Karen Sue Skelton a/k/a Karen S. Skelton f/k/a Karen S. Randall, Decedent

  Notice is given that a petition has been filed requesting that the Estate assets be summarily assigned.
  The Petition requests the probate of an instrument purporting to be the Decedent’s last Will dated August 6, 2006 (“Will”).
  Any objections to the petition must be filed with the Court prior to or raised at the hearing.  If proper, and if no objections or claims are filed or raised, the Court may issue a decree distributing or assigning the Estate’s assets.
  It is Ordered and Notice is now given that the Petition will be heard on February 21, 2017, at 1:30 p.m., by this Court at 100 N. 5th Avenue W., Duluth, Minnesota.
  Notice is further given that (subject to Minnesota Statutes section 524.3-801) all creditors having claims against the Estate are required to present the claims to the Court Administrator within four months after the date of this Notice or the claims will be barred.
Dated: January 12, 2017
(COURT SEAL)
BY THE COURT
Jill Eichenwald
Judge of District Court
Amy Turnquist
Court Administrator
Debra Thorstensen
Deputy
Attorney for Petitioner
Christopher A. Dahlberg
Dahlberg Law Office, PA
130 W. Superior Street,
Suite 915
Duluth, MN, 55802
Attorney License No: 0323998
Telephone: (218) 722-5809
FAX: (218) 722-3785
Email: cdahlberg@dahlberglaw.com
P.J.  - January 19 and 26, 2017  

 Minutes Independent School District 704
Proctor, Minnesota

Regular School Board Meeting
Monday, December 12, 2016
REGULAR SCHOOL BOARD MEETING
I. Call to Order
The meeting was called to order by Ted Peterson, School Board Chair, at 7:00 p.m.
II. Pledge of Allegiance
III. Roll Call
MEMBERS PRESENT: James Hanson, Louise Lind, Jennifer McDonald, Ted Peterson, Larry Shelton, Margaret Taylor, and Joe Ward
MEMBERS ABSENT: None
STUDENT LIAISON MEMBERS: Boyd Billman, Adrianna Carlson, and Faith Privett
Also in Attendance: John Engelking, Superintendent
IV. Approval of Agenda
MOTION: Moved by Joe Ward and seconded by Margaret Taylor to approve the agenda as submitted.
Motion approved by unanimous vote.
V. Approval of the Minutes of the Regular School Board Meeting of November 28, 2016.
MOTION: Moved by Louise Lind and seconded by James Hanson to approve the Minutes of the Regular School Board Meeting of November 28, 2016 as submitted.
Motion approved by unanimous vote.
VI. Finance
MOTION: Moved by James Hanson and seconded by Jennifer McDonald to approve payment of bills dated December 12, 2016 in the amount of $145,205.15 covering checks 95685 through 95799, and to approve payrolls for November 2016 as submitted.
Motion approved by unanimous vote.
VII. Commendations/Congratulations
A. Commended the cheerleaders and their advisor, Justine Deutschlander, for their outstanding performance in the Macy’s parade in New York City.
B. Commended Emily Vos for organizing the Jacob Wetterling Resource Center Empower Me presentation held on November 29th in the high school auditorium. This event was well attended by people from Proctor, Hermantown, and the Duluth area. The event was also featured on area network television news.
C. Commended Steve Anderson, Patti Myre, and Robin Hanson for their outstanding work helping with our annual audit and for their consistent efforts to make our finance department one we are all proud of.
D. Congratulated our Innovation Award recipients from Bay View Elementary: Beth Jauhola, Erika Bergstedt, Carli Huss, Stacy Halli, and Julie Lysher; Pike Lake Elementary: Patti Anderson, Katie Anderson, and Kristin Polo for the weeks of November 28th and December 5th respectively.
E. Congratulated and thanked Ted Peterson and Jim Hanson for their service to the students of Proctor Public Schools. Ted and Jim have served with integrity, conviction, and always with our students’ best interest in mind. A sincere thanks from Education MN Proctor, AFSCME Local 66, Local 66 Bus Drivers, the District-wide Administrative Staff, and the School Board.
VIII. Public Participation
A. Mollie Haag spoke about the Night to Shine, a prom for people with special needs, being held at Proctor High School on February 10, 2017.
B. Jim Schwarzbauer addressed the board on the possibility of Title IX issues with the proposed softball field.
IX. Consent Agenda
MOTION: Moved by Joe Ward and seconded by Louise Lind to approve the Consent Agenda as submitted.
Roll Call Vote: 6 – Yes (JH, LL, JM, LS, MT, JW)
0 –No
1 –Abstain (TP)
Motion approved.
A. Personnel Items
1. Approved the recommendation to hire Lynn Peterson as the Attendance and Home Visit Coordinator, effective December 8, 2016. This is a temporary part-time grant position funded by Southern St. Louis County Family Collaborative.
2. Approved the recommendation to hire Raija Kyllonen into the 18-hour per week Educational Assistant position at Bay View Elementary, effective December 13, 2016.
3. Approved the placement of Christy Case-Strohm into the 18–hour per week Educational Assistant position at Bay View Elementary, effective December 13, 2016.
4. Increased the hours of Sheri Klicka, Educational Assistant at Bay View Elementary, effective January 3, 2017.
5. Increased the hours of Melissa Ross, Educational Assistant at Bay View Elementary, effective January 3, 2017.
6. Increased the hours of Laura Haugland, Educational Assistant at Bay View Elementary, effective January 3, 2017.
7. Increased the hours of Mary Ruthenbeck, Educational Assistant at the Secondary Site, effective January 3, 2017.
8. Increased the hours of Katie Solem, Educational Assistant at Pike Lake Elementary, effective January 3, 2017.
B. Approved and adopted the second reading of suggested District policy changes.
C. Approved first reading of suggested District policy changes.
D. Approved and adopted District policies with no recommended or statutory changes.
X. Items for Individual Action
A. 2016-2017 Truth and Taxation Meeting, presentation by Business Manager Steve Anderson to Adopt the 2017 Levy of $4,041,414.04.
MOTION: Moved by James Hanson and seconded by Louise Lind to adopt the 2017 Levy of $4,041,414.04 as submitted.
Motion approved by unanimous vote.
B. Adopted Resolution of Accepting Gifts Received
MOTION: Moved by Jennifer McDonald and seconded by Larry Shelton to Adopt Resolution of Accepting Gifts Received as submitted.
Roll Call Vote: 7– Yes (JH, LL, JM, TP, LS, MT, JW)
0– No
Motion approved.
XI. Items for Discussion/Information
A. Superintendent Update
B. Referendum Update - New informational flyers have been printed and are being distributed.
Meetings are being scheduled with the city and townships.
C. Public Relations Update
1. Items relating to the District from the Proctor Journal:
a) November 23, 2016 Edition: “Police in school during threat,” “R. Petersson receives Retired Coach Award,” “Special election wording approved,” “REA3D awards 8 grants,” “In 1916, school system changed by nine votes,” “Attitude of Gratitude,” “Proctor High School - Student of the Week: Emily Wojtowicz,” “Gina Cole earns Innovation Award.”
b) December 1, 2016 Edition: “School board sets 20 goals,” “Letter to Editor, Teacher criticized for election remarks,” “Proctor High School - Student of the Week: Shanelle Oakland,” “Holiday concerts prove popular at Bay View,” “Engelking elected to MREA Board,” “PHS grad releases new cd,” “Tenn. school bus crash brings seat belt debate to Proctor.”
c) December 7, 2016 Edition: “School budget, levy hearing Dec. 12,” “Jacob Wetterling’s classmate empowers students,” “Proctor High School - Student of the Week: Teran Lind,” “School continues to work toward goals,” “Redesigning classrooms to improve learning.”
2. Item relating to the District from the Duluth News Tribune:
a) “Bridging Generations: Reading Pals program in Northland schools brings students, seniors together.”
XII. Reports
A. Enrollment report for December 2016
XIII. Communications
A. School Board Comments and Observations
1. Ted Peterson and James Hanson will attend an Activity Advisory Committee meeting on Tuesday, December 13, 2016. As neither is on the board in January 2017, a report will be submitted in writing, or by another board member.
2. Jennifer McDonald had positive comments on the Empower Me program.
3. Joe Ward noted that Tom Ward, former board member, recently passed.
4. Ted Peterson and James Hanson have been appreciated and will be missed on the board.
5. Tonight’s choir concerts are streamed and can be watched on the school website.
B. Township and City Communications - None
XIV. Adjourn
MOTION: A motion was made by James Hanson, seconded by Ted Peterson, and unanimously approved to adjourn the meeting at 8:17 p.m.
Respectfully submitted:
__________________________
Louise Lind, Clerk
__________________________
Ted Peterson, Chair
P.J. – January 19, 2017


SUMMONS FOR THIRD-PARTY CUSTODY

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
SIXTH JUDICIAL DISTRICT

In Re the Custody of:  Symeon Reese Bolton, DOB:  Feb 8, 2000

Anntionette D. Thorstad,
Name of Petitioner

David S. Thorstad
Name of Co-Petitioner,

and

Deceased
Name of Respondent Mother

Deceased
Name of Respondent Father

TO THE ABOVE-NAMED
Respondents:

IMPORTANT NOTICE:

The Petitioner(s) has filed a lawsuit against you to ask for custody of the following minor child(ren):

Symeon Reese Bolton,
BORN Feb. 8, 2000;

A COPY OF THE PETITION FOR THIRD PARTY CUSTODY IS SERVED ON YOU WITH THIS SUMMONS.

THIS SUMMONS IS AN OFFICIAL DOCUMENT THAT AFFECTS YOUR RIGHTS.  READ THIS SUMMONS AND ATTACHED PETITION CAREFULLY, IF YOU DO NOT UNDERSTAND IT, CONTACT AN ATTORNEY FOR LEGAL ADVICE.

1.  The Petitioner has filed a lawsuit against you asking the Court to give Petitioner custody of the minor child(ren).

2.  You must serve upon Petition and file with the Court a written Answer to the Petition, and you must pay the required filing fee.

3.  You must serve your Answer upon the Petitioner within twenty (20) days of the date you were served with this Summons, not counting the day of service.  If you do not serve and file an Answer, the Court may decide custody and give Petitioner everything he or she is asking for in the attached Petition.

Dated:  December 20, 2016

/s/  Anntionette D. Thorstad
Signature of Petitioner, pro se
Street Address:  4907 Oneida
City/State/Zip:  Duluth, MN 55804
Telephone:  218-206-4184

/s/  David Thorstad
Signature of Co-Petitioner, pro se
Street Address:  4907 Oneida
City/State/Zip:  Duluth, MN 55804
Telephone:  218-206-3992

P.J. –  January 5, 12 and 19, 2017


AMENDED NOTICE OF AND ORDER FOR HEARING ON PETITION FOR PROBATE OF WILL AND FORMAL
APPOINTMENT OF
PERSONAL
REPRESENTATIVE AND
NOTICE TO CREDITORS
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
Court File No.: 69DU-PR-16-330
In Re: Estate of
IRENE EMILY MARTINSON, a/k/a, IRENE MARTINSON Decedent.
  It is Ordered and Notice is given that on February 21, 2017 at 1:30 p.m., a hearing will be held in this Court at St. Louis County Courthouse, 100 North Fifth Avenue West, Duluth, Minnesota, for the formal probate of an instrument purporting to be the will of the Decedent, dated March 23, 2016 and for the appointment of Shelly Kivisto, whose address is 21-4th Street, Proctor, Minnesota 55810 and Craig Martinson, whose address is 4024 W. Arrowhead Road, Duluth, Minnesota 55811, as personal representatives of the decedent’s estate in an unsupervised administration.  
  Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing.  If the petition is proper and no objections are filed or raised, the personal representatives will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets; to pay all legal debts, claims, taxes and expenses; to sell real and personal property; and to do all necessary acts for the decedent’s estate.
   Notice is further given that, subject to Minn. Stat. §524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representatives or to the Court within four (4) months after the date of this Notice or the claims will be barred.  
Dated: January 5, 2017
BY THE COURT
Jill Eichenwald
Judge of District Court
Amy Turnquist,
Court Administrator
Debra Thorstensen,
Deputy
Cynthia J. Capin
Attorney at Law
MN# 315345
314 W. Superior St.
Suite 310
Duluth, MN  55802
Telephone:  218-390-4939
Facsimile:   218-726-0202
Email:  cindycapin@yahoo.com
P.J. – January 19 and 26, 2017


ORDER TO SHOW CAUSE

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
File No. 69DU-CV-16-2727
 
 In the Matter of the Petition of  Nationstar Mortgage LLC, a Delaware limited liability company, in relation to Certificate of Title No. 306644 issued for land in the County of St. Louis and State of Minnesota and legally described as follows:
  Lot 3 Block 8 PARK DRIVE DIVISION
TO: Eric J. Ramsey, Rowena G. Ramsey and State of Minnesota Department of Revenue.
   Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter,
   IT IS ORDERED, that you, and all persons interested, appear before this Court on February 8, 2017, at 10:00 a.m. in Room 101 of the St. Louis County Courthouse in said County, and then, or as soon thereafter as the matter can be heard, show cause, if there is any, why this Court should not enter an Order as follows:
   That the Registrar of Titles, upon the filing of a certified copy of this Order, cancel Certificate of Title No.  306644 and enter a new Certificate of Title for land therein described in favor of Federal National Mortgage Association, subject to existing recital and  subject to the memorials of Document Nos. 146894 and  375291, but free from all other memorials now appearing on the present Certificate of Title, and free also from the memorial of this Order.  
  Attendance is required only by those who wish to object to the entry of the above-described Order.
   IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days before the hearing upon the above-named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) at least 14 days before the hearing upon each of the above-named nonresidents by sending a copy of this Order to the nonresident’s post office address, by registered or certified mail, return receipt requested; (c) upon each of the above-named parties who cannot be found by three weeks published notice and by sending a copy of this Order at least 14 days before the hearing by first class mail to the last known address of the party and by sending another copy of this Order at least 14 days before the hearing by first class mail to the address of such party as stated on the Certificate of Title if an address is so stated; (d) upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat., Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn. Stat. §5.25.
Dated: December 6, 2016
Approved: Examiner of Titles
By: /s/ Kimberly E. Brzezinski
Kimberly E. Brzezinski
By: /s/ Mark A. Munger
Mark A. Munger
Judge of the District Court
USSET, WEINGARDEN & LIEBO P.L.L.P
/s/ David J. Usset
David J. Usset, #111892
Attorney for Petitioner
4500 Park Glen Road, Suite 300
Minneapolis, Minnesota 55416
(952) 925-3644 Telephone
(952) 925-5879 Facsimile
P.J. – January 12, 19 and 26,  2017


ORDER TO SHOW CAUSE

STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
File No. 69DU-CV-16-2851
   In the Matter of the Petition of  Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2006-FF13, Mortgage Pass-Through Certificates, Series 2006-FF13, in relation to Certificate of Title No.  317273 issued for land in the County of St. Louis and State of Minnesota and legally described as follows:
  N1/2 of N1/2 of S1/2 of NW1/4 of NW1/4 Section 14 Township 51 North Range 14 West of the Fourth Principal Meridian.
TO: Greg Martin Lewin and Carol Marie Lewin
   Upon receiving and filing the Report of the Examiner of Titles in the above-entitled matter,
   IT IS ORDERED, that you, and all persons interested, appear before this Court on February 22, 2017, at 10:00 a.m. in Room 101 of the St. Louis County Courthouse in said County, and then, or as soon thereafter as the matter can be heard, show cause, if there is any, why this Court should not enter an Order as follows:
   That the Registrar of Titles, upon the filing of a certified copy of this Order, cancel Certificate of Title No.  317273 and enter a new Certificate of Title for land therein described in favor of Deutsche Bank National Trust Company, as Trustee for FFMLT Trust 2006-FF13, Mortgage Pass-Through Certificates, Series 2006-FF13, subject to existing recitals, but free from all memorials now appearing on the present Certificate of Title, and free also from the memorial of this Order.  
  Attendance is required only by those who wish to object to the entry of the above-described Order.
   IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days before the hearing upon the above-named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) at least 14 days before the hearing upon each of the above-named nonresidents by sending a copy of this Order to the nonresident’s post office address, by registered or certified mail, return receipt requested; (c) upon each of the above-named parties who cannot be found by three weeks published notice and by sending a copy of this Order at least 14 days before the hearing by first class mail to the last known address of the party and by sending another copy of this Order at least 14 days before the hearing by first class mail to the address of such party as stated on the Certificate of Title if an address is so stated; (d) upon a dissolved, withdrawn, or revoked business entity governed by Minn. Stat., Chp. 302A, 303, 317A, 322A, 322B or 323 in the manner provided by Minn. Stat. §5.25.
Dated: December 19, 2016
Approved: Examiner of Titles
By: /s/ Kimberly E. Brzezinski
Kimberly E. Brzezinski
By: /s/ Mark Munger
Mark Munger
Judge of the District Court
USSET, WEINGARDEN & LIEBO P.L.L.P
/s/ David J. Usset
David J. Usset, #111892
Attorney for Petitioner
4500 Park Glen Road, Suite 300
Minneapolis, Minnesota 55416
(952) 925-3644 Telephone
(952) 925-5879 Facsimile
P.J. – January 19, 26 and February 2, 2017


NOTICE OF AND ORDER FOR HEARING ON PETITION FOR DECREE OF DESCENT OF OMITTED PROPERTY
STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
PROBATE DIVISION
Court File No.: P3-99-600226
In Re: Estate of Dorothy
Lucile Parmeter, Decedent.
   John Hilbert Parmeter (“Petitioner”) has filed a Petition for Decree of Descent of Omitted Property.  It is Ordered that on Feb. 7, 2017, at 1:30 p.m., a hearing will be held in this court at Duluth, Minnesota, on the petition.   
  The petition represents that the Decedent-owned property omitted from a previous probate proceeding.  The petition requests the Court to determine the descent of such property and assign the property to the persons entitled.
  Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the petition will be granted.
  Notice shall be given by publishing this Notice and Order as provided by law and by:  Mailing a copy of this Notice and Order to each interested person by United States mail at least 14 days before time set for the hearing and publishing this Notice and Order in accordance with Minn. Stat. §524.1-401(3).  
Dated:  December 27, 2016
BY THE COURT
Mark A. Munger
Judge of District Court
Amy L. Turnquist
Court Administrator
Debra Thorstensen
Deputy
The Downs Law Firm
Timothy N. Downs #24119
306 West Superior Street,
Suite 200
Duluth, MN 55802
(218) 727-7221
downslawfirm@hotmail.com
ATTORNEY FOR PETITIONER
P.J. – January 12 and 19, 2017


NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.

NOTICE IS HEREBY GIVEN:
That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: April 17, 2006

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE:  $45,000.00

MORTGAGOR(S): Harvey L. Rudeck, deceased and Patricia A. Rudeck, a single person.

MORTGAGEE:  Minnesota Power Employees Credit Union, a Minnesota credit union

DATE AND PLACE OF FILING:  August 2, 2006 in the office of the St. Louis County Recorder, as Document No. 01025611.
 
LEGAL DESCRIPTION OF PROPERTY:  The property is legally described as follows:

Lots Six (6) and Seven (7), Section Six (6), Township Fifty-six (56) North of Range  Fourteen (14) West of the Fourth Principal Meridian, subject to easements, covenants, restrictions and mineral reservations of record, if any.

COUNTY IN WHICH PROPERTY IS LOCATED: St. Louis County, Minnesota
Parcel Code Nos.  642-0010-00900 and 642-0010-00910
AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE:     $39,516.97
                 
THAT no action or proceeding has been instituted at law to recover the debts secured by said Mortgage, or any part thereof; that there has been compliance with all the pre-foreclosure notice and acceleration requirements of said Mortgage, and/or applicable statutes;
PURSUANT, to the power of sale contained in said Mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE:  January 31, 2017, 10:00 a.m.

PLACE OF SALE: St. Louis County Sheriff’s Office, 100 North 5th Avenue West, Room #103, Duluth, MN  55802, to pay the debt then secured by said Mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law.  

REDEMPTION: This is a “voluntary foreclosure” under Minn. Stat. 582.32, et seq., conducted pursuant to a Voluntary Foreclosure Agreement between mortgagor and mortgagee dated December 16, 2016. The time allowed by law for redemption by said mortgagor, its successors or assigns is two (2) months from the date of sale. The holder of a junior lien who has filed a notice of intent to redeem may redeem in the order and manner provided in Minn. Stat. 582.32, Subd. 9, after expiration of the mortgagor’s redemption period.

THE TIME ALLOWED BY LAW FOR REDEMPTION BY MORTGAGOR, THE MORTGAGOR’S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.
Dated: December 16, 2016
JOHNSON KILLEN
& SEILER, P.A.
By: /s/ Roy J. Christensen               
Roy J. Christensen, Esq.,
Atty #0302508
 230 W. Superior St., Ste. 800
Duluth, MN 55802
(218)722-6331
Attorneys for Minnesota Power Employees Credit Union

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
P.J. – December 29, 2016 and January 5, 12 and 19, 2017


Minnesota Secretary of State
CERTIFICATE OF
ASSUMED NAME
Minnesota Statutes Chapter 333

1.  List the exact assumed name under which the business is or will be conducted:  The Silent Battle
2. State the address of the principal place of business: 4800 London Road, Duluth, MN 55804 USA
3. List the name and complete street address of all persons conducting business under the above Assumed Name OR if an entity, provide the legal corporate, LLC, or Limited Partnership name and registered office address:
James Anthony Lewis Jr
 4800 London Road
Duluth, MN 55804
 United States

Darolyn Nakia Lewis
4800 London Road
Duluth, MN 55804
 United States
4.  I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes.  I understand that by signing this document, I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
Date:  January 8, 2017
/s/ James Lewis
Mailing Address:  None Provided
Email: darolyn.n.lewis@gmail.com
P.J. – January 12 and 19, 2017


Public Notice of
Request for Proposal
Independent School District #704, Proctor Schools (“District”) requests proposals for group insurance coverage for the health plan year beginning September 1, 2017. Proposals for self-insurance will also be considered. Sealed proposals will be accepted in paper form until 2:00 p.m. central time on Friday, March 31, 2017 at:
Superintendent
Proctor School District #704
131 9th Avenue
Proctor, MN 55810
Copies of the request for proposal and exhibits may be requested from Paul Pederson at pauldhpederson@gmail.com, and will be sent electronically at no charge. District reserves the right to reject any or all bids and to waive informalities. District reserves the right to select the proposal which it determines to be in the best interest of the District.
P.J. -  January 19 and 26, 2017


 

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