COMPLAINT

STATE OF SOUTH DAKOTA    )
COUNTY OF SANBORN    )
:SS
IN CIRCUIT COURT
THIRD JUDICIAL CIRCUIT
CIV. NO.
COMPLAINT
TIMOTHY KATZ AND    )
RITA KATZ,        )
Plaintiffs,            )
vs.            )
ROBERT CUNNINGHAM,    )
Deceased; and,        )
LORETTA CUNNINGHAM,    )
Deceased;                     )
CAROL FUNK, ROBERT     )
G. CUNNINGHAM,                )
CODY SCHOLMER, ZULA    )
SCHLOMER        )
JEWELL COONEY, AND       )
DUANE SCHLOMER,             )
THEIR EXECUTORS,             )
ADMINISTRATORS,               )
HEIRS AT LAW,                       )
DEVISEES, LEGATEES,          )
AND CREDITORS OF             )
ANY SUCH PERSON               )
OR PERSONS WHO MAY      )
BE DECEASED                       )
WHETHER THEY BE               )
KNOWN OR                            )
UNKNOWN, AND                    )
AGAINST ALL PERSONS         )
UNKNOWN WHO MAY             )
HAVE OR CLAIM TO HAVE    )
ANY INTEREST OR ESTATE    )
IN OR LEIN OR         )
ENCUMBRANCE UPON THE    )
PREMISES DESCRIBED IN   )
COMPLAINT.                           )
Defendants,        )
COMES NOW, the plaintiffs, and for their cause for quiet title relief, allege as follows:
I.
That Timothy Katz and Rita Katz are residents of Sanborn County, South Dakota.
II.
That the Defendants, Robert Cunningham and Loretta Cunningham, are deceased individuals whose heirs are believed to be Carol Funk and Robert G. Cunningham.
III.
That the Defendants, Cody Schlomer, Zula Schlomer, Jewell Cooney and Duane Schlomer are not residents of Sanborn County and their whereabouts are unknown.
IV.
That the Plaintiffs are the owners in fee of real property described as:
Lots Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) in Block Ninety-eight (98) in the First Addition to the City of Woonsocket, Sanborn County, South Dakota
by virtue of their successful completion of a Contract for Deed with the previous owners, Robert Cunningham and Loretta Cunningham, which said Contract was dated the 25th day of May 1984.
V.
That the Defendants herein are proper parties under SDCL 21-41 and that this action is brought for the purpose of determining all adverse claims to such property and of quieting title thereto in the Plaintiffs.
V.
If there are any questions whomsoever who have any interest or estate in, claim to, or lien or encumbrance upon the premises other than the Defendants named, they were unknown at the time of the commencement of this action.
VI.
That said Defendants, and each of them, claim some estate, right, title, lien or interest in or to said property adverse to the Plaintiffs. The claims of all Defendants, and each of them, are without any right whatever, and said Defendants, and each of them, have no estate, right, title, lien or interest in or to said property or any part thereof.
WHEREFORE, Plaintiffs pray judgement as follows:
1. That Defendants and all persons claiming under them be required to set forth the right and nature of their claims to said real property;
2. That all adverse claims of Defendants and all persons claiming under  them in and to said real property be determined by a decree of this Court;
3. That this Court adjudge and declare the Plaintiff owners in fee simple, and are entitled to lawful, peaceful, and continuous possession of, said real property, and that Defendants, and all persons under have no estate, right title, lien or interest whatever in or to said real property, or any part thereof; and
4. That Plaintiffs be granted such other and further relief as the Court may deem just and proper.
Dated this 29th day of July 2013.
Jeffrey D. Larson
of Larson and Nipe
Attorney for
the Plaintiff
P.O. Box 277
Woonsocket, SD
57385-0277
Phone: 605-796-4245
Fax: 605-796-4227
STATE OF SOUTH DAKOTA    )
:SS
COUNTY OF SANBORN        )
Jeffrey D. Larson, being first duly sworn, on oath deposes and states: That he is the attorney for the Plaintiff in the above entitled matter; that he has read the above and foregoing Complaint, knows the contents thereof, and that the same is true and correct to the best of his information and belief.
Jeffrey D. Larson
Subscribed and sworn to before me this 29th day of July, 2013.
Heather Reimer,
Notary Public
South Dakota
My commission expires: July 9, 2014.

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