NOTICE OF SUMMONS – ESTATES OF ROSENBERRY

STATE OF MICHIGAN
JUDICIAL DISTRICT
46th Crawford JUDICIAL CIRCUIT
COUNTY PROBATE
SUMMONS
CASE NO. 22-11258-CH
Court address
200 W. Michigan Ave.,
Grayling, MI 49738
Court telephone no.
(989) 344-3271
Plaintiff’s name(s), address(es), and telephone no(s).
GREGORY SMITH and KIMBERLY SMITH,
Co-Trustees of the Smith Family Trust
__________________________________
Plaintiff’s attorney, bar no., address and telephone no.
Stephen A. Manko (P49207)
132 W. Nepressing Street
Lapeer, MI 48446
(810) 664-4600
__________________________________
v
Defendant’s name(s), address(es), and telephone no(s).
The Estates of Rosenberry
HOWARD and MARYANN
l/k/a 58888 Yeater Rd.
Colon, Michigan 48040

Civil Case
There is no other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint.
SUMMONS
NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:
1. You are being sued.
2. YOU HAVE 21 DAYS after receiving this
summons and a copy of the complaint to file a written answer with the court and serve a copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside this state).
3. If you do not answer or take other action
within the time allowed, judgement may be entered against you for the relief demanded in the complaint.
4. If you require special accommodations to
use the court because of a disability or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements.
Issue date: 10/18/22
Expiration date: 1-17-23
Signed: Court Clerk
STATE OF MICHIGAN
IN THE 46th CIRCUIT COURT
FOR THE COUNTY OF CRAWFORD
Case No. 22-CH
HON. Mertz
GREGORY SMITH and KIMBERLY SMITH,
Co-Trustees of the Smith Family Trust,
Plaintiff,
vs
The Estates of Rosenberry,
HOWARD and MARYANN,
Defendants.
__________________________________
Stephen A. Manko (P49207)
132 W. Nepressing Street
Lapeer, MI 48446
(810) 664-4600
__________________________________
VERIFIED COMPLAINT
*****
PREAMBLE
THERE lS NO other civil action arising out of the same transaction or occurrence as alleged in this Complaint pending in this Court, nor has any such action been previously filed and dismissed after having been assigned to a Judge.
*****
NOW COME Plaintiffs, GREGORY SMITH and KIMBERLY SMITH, husband and wife, by and through their attorney, STEPHAN A. MANKO, who file this complaint, and in support thereof state as follows:
COMPLAINT
1. The Plaintiffs, Gregory Smith and Kimberly Smith, husband and wife are competent adult residents of Deckerville, Sanilac County, Michigan.
2. The Smith Family Trust was formed and maintained in Deckerville, Sanilac County, Michigan.
3. The Plaintiffs are the Co-Trustees of the Smith Family Trust.
4. The Defendants are deceased, however, when living resided at their last known address of 58888 Yeatter Rd., Colon, Michigan 48040, St. Joseph County.
5. The subject matter of this case is a parcel of property situated in the Township of Grayling, County of Crawford, State of Michigan as follows:
Commencing at the North ¼ corner of Section 14 T26N, R3W, thence Southerly on the North-South ¼ line 404.49 feet; thence N89°36’55”E, 329.20 feet; thence N1°14’11”E, 658.22 feet; thence S89°37”W, 120.55 feet; thence S1°14’101”W, 208.75 feet’ thence S89°37’W, 208.75 feet to the Place of Beginning.
6, Plaintiff on behalf of their Trust, seek equitable relief pursuant to MCL 600 .2932 to quiet title against Defendants regarding the real property located in Grayling, Crawford County, Michigan. Therefore, this Court has jurisdiction and is the proper venue for this complaint.
COMMON ALLEGATIONS
7. Plaintiffs restate and incorporate all prior allegations as if fully stated herein.
8. The deceased Defendants were prior owners of the subject real property, who in 1992 sold the subject property by way of a land contract to Mary L. Passmore (See Exhibit “1”, Land Contract dated July 16, 1992).
9. The deceased Defendants never executed or provided their purchaser, Mary L. Passmore, with warranty deed once she satisfied the terms of the land contract.
10. On September 29, 2000, Mary L. Passmore executed a warranty deed to the Plaintiffs. (See “Exhibit “2”, Warranty Deed from Mary L. Passmore to the Plaintiffs).
11. The Plaintiffs are now seeking to sell the subject property to a new purchaser, however, Au Sable Title & Escrow has identified the fact that a deed from the Defendants to Mary L. Passmore is missing in the chain of title.
QUIET TITLE
12. Plaintiffs restate and incorporate all prior allegations as if fully stated herein.
13. The Defendants no longer possess any interest in the subject property nor do their heirs or assigns.
14. According to MCL 600.2932, the Plaintiffs have established their right to the ownership of the subject property since they purchased it from the Defendants’ buyer.
15. There are no other persons or entities with any interest in the subject property. WHEREFORE, your Plaintiffs request that this Court:
A. Enter a judgment determining that Plaintiffs hold full legal and equitable title to the subject property in fee simple absolute, free and clear of any claims of Defendants in this action, and quiet title to the property in favor of the Plaintiffs; and
B. Grant any and other relief that is equitable.
WE DECLARE THAT THE STATEMENTS MADE ABOVE ARE TRUE AND CORRECT TO THE BEST OF OUR INFORMATION, KNOWLEDGE AND BELIEF
Signed: Gregory Smith and Kimberly Smith
Subscribed and sworn before me this 4 day of Oct., 2022
Signed: Nancy M. Nelson
Nancy M. Nelson, Notary Public
Lapeer County, Michigan
My commission expires 10/25/2026.
Signed: Stephan A. Manko
Stephan A. Manko (P49207)
Attorney for Plaintiffs
132 W. Nepressing Street
Lapeer, Michigan 48446
(810) 664-4600
STATE OF MICHIGAN
JUDICIAL DISTRICT
46th JUDICIAL CIRCUIT
COUNTY PROBATE
ORDER REGARDING
ALTERNATE SERVICE
CASE NO. 22-11258-CH
Hon. George J. Mertz
Court address
200 West Michigan Ave.,
Grayling, MI 49738
Court telephone no.
989-344-3206
Plaintiff’s name(s), address(es), and telephone no(s).
GREGORY SMITH and KIMBERLY SMITH,
Co-Trustees of the Smith Family Trust
__________________________________
Plaintiff’s attorney, bar no., address and telephone no.
Stephen A. Manko (P49207)
132 W. Nepressing Street
Lapeer, MI 48446
(810) 664-4600
__________________________________
v
Defendant’s name(s), address(es), and telephone no(s).
The Estates of Rosenberry
HOWARD and MARYANN
THE COURT FINDS:
1. Service of process upon the defendant, The Estates of Rosenberry, Howard and Maryann cannot reasonably be made as provided in and service of process may be made in a manner that is reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.
IT IS ORDERED:
2. Service of the summons and complaint and a copy of this order shall be made by the following method(s)
a. First-class mail to last known address
d. Other: Service by publication in St. Joseph, Branch and Crawford counties.
Dated: 12-5-22
Signed: Judge George J. Mertz P64015
(01-19)