STATE OF MINNESOTA

COUNTY OF PINE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

CASE TYPE: Other Civil

Court File No. 58-CV-18-543

Thomas W. Gahler,                           Plaintiff,

v.

Ernest E. Kretzschmar, DLJ Mortgage Capital, Inc., Select Portfolio Servicing, Inc., also the unknown heirs of Ernest E. Kretzschmar and all other persons unknown claiming any right, title, estate, interest, or lien in the real estate described in the complaint herein,

    Defendants.

SUMMONS

THIS SUMMONS IS DIRECTED TO ERNEST E. KRETZSCHMAR, DLJ MORTGAGE CAPITAL, INC., SELECT PORTFOLIO SERVICING, INC., ALSO THE UNKNOWN HEIRS OF ERNEST E. KRETZSCHMAR AND ALL OTHER PERSONS UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, INTEREST, OR LIEN IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN.

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:

Ledin Hofstad Troth & Fleming, Ltd.

Chelsie Troth

539 Main Street South

Pine City, MN 55063

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

Tract 1

The Northwest Quarter of the Northeast Quarter (NW ¼ of NE ¼) of Section thirty (30) Township forty-three (43) Range sixteen (16), Pine County, Minnesota.

AND

Tract 2

Part of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼), Section thirty (30) Township forty-three (43) Range sixteen (16) described as follows: Start from Northeast Corner, thence West 1320 feet, South 330 feet, East 1320 feet and North 330 feet to beginning.

AND

Tract 3

Starting from the Northeast corner of the SW ¼ of NE ¼ Section thirty (30) Township forty-three (43) Range sixteen (16), thence 330 feet South to a point of beginning thence 1320 feet West to a point, thence 330 feet South to a point, thence 1320 feet East to a point, thence 330 feet North back to the point of beginning.

AND

Tract 4

Starting from the Northeast corner of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼), Section thirty (30), Township forty-three (43), Range sixteen (16) thence six hundred and sixty feet (660) South to a point of beginning, thence thirteen hundred and twenty feet (1,320) West to a point, thence three hundred and thirty feet (330) South to a point, thence thirteen hundred and twenty (1,320) East to a point, thence three hundred and thirty feet (330) North back to point of beginning. Pine County, Minnesota.

AND

Tract 5

Starting from the Northeast corner of the Southwest Quarter of the Northeast     Quarter (SW ¼ of NE ¼), Section Thirty (30), Township forty-three (43), Range Sixteen (16), thence nine hundred and ninety feet (990) South to a point of beginning thence thirteen hundred and twenty feet (1320) West to a point, thence three hundred and thirty feet (330) South to a point, thence thirteen hundred and twenty feet (1320) East to a point, thence three hundred and thirty feet (330) North back to point of beginning.

The object of this action is to obtain an Order for the following relief:

a. Revising the vague, ambiguous and defective legal descriptions of the Gahler Properties as to Tract 2, Tract 3, Tract 4, and Tract 5 to the Corrected Gahler Legal Description legally described as follows:

The Southwest Quarter of Northeast Quarter (SW¼ of NE¼), of Section Thirty (30), Township Forty-three (43), Range Sixteen (16), Pine County, Minnesota.

b. Determining that Plaintiff is the Owner of the Subject Property in fee simple title, and that none of the Defendants have any right, title or interest in the real estate described in the Complaint.

557.03 NOTICE OF NO PERSONAL CLAIM

Pursuant to Minn. Stat. 557.03 you are hereby served with notice that no personal claim is made against you and that any defendant upon whom this notice is served who unreasonably defends this action shall pay full costs to the plaintiff.

Dated: October 29, 2018

Ledin, Hofstad, Troth & Fleming, Ltd.

Chelsie Troth

Attorney for Plaintiff

539 Main Street South

Pine City, MN 55063

Attorney Reg. # 0395709

(320) 629-7537

chelsiet@ledinandhofstad.com    

Published in the Pine City Pioneer on November 1, 8 and 15, 2018


STATE OF MINNESOTA

COUNTY OF PINE

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Other Civil:  Quiet Title

Court File No. 58-CV-18-538

MCCPD, LLC, a Minnesota Limited Liability Company,                       Plaintiff,

v.

Janet Marie Latham a/k/a Janet M. Latham  (now deceased); the unknown heirs of Janet Marie Latham a/k/a Janet M.                    Latham; John M. Estes (now deceased); the unknown heirs of John M. Estes; David John Latham; Jorel John Latham,

AND ALL OTHER PERSONS, WHETHER KNOWN OR UNKNOWN, CLAIMING ANY RIGHT, TITLE, INTEREST OR LIEN IN THE REAL PROPERTY DESCRIBED HEREIN,

    Defendants.

SUMMONS IN

ACTION TO

QUIET TITLE

 THIS SUMMONS IS DIRECTED TO THE ABOVE-NAMED 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:

John M. Cabak

CABAK LAW, LLC

243 Main Street S

Pine City, MN 55063

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. REAL PROPERTY.  THIS LAWSUIT AFFECT OR BRINGS INTO QUESTION TITLE TO REAL PROPERTY located in Pine County, State of Minnesota, at 11471 Government Road, Pine City, MN 55063 and legally described as follows:

That part of Lots One (1), Two (2), Three (3), and Four (4), Auditor’s subdivision of Section Two (2), Township Thirty-eight (38), Range Twenty-one (21), lying within the southerly 376.00 feet of the northerly 1576.00 feet of the Northwest Quarter of Section 2, Township 38, Range 21 and lying westerly of the centerline of Pine County Highway Number 4. Subject to Pine County Highway Number 4 as traveled and surveyed January 2, 1998.

The object of this action is to award judgment clearing a title defect and quieting title in the name of the Plaintiff, and to determine that the Defendants have no further right, title, or interest in the above-described real property.  

NOTICE OF NO PERSONAL CLAIM. Pursuant to Minn. Stat. §557.03, the Plaintiff hereby gives notice that no personal claim is being made against any of the defendants. However, if Defendants unreasonably defend the action, Plaintiff is requesting an order of the court directing that the Defendants shall pay costs and attorney fees to Plaintiff.

Dated: October 26, 2018

CABAK LAW, LLC

/s/ John M. Cabak

Attorney for Plaintiff

243 Main Street S

Pine City, MN 55063

(320) 629-2529

Attorney Reg. #0388929

Published in the Pine City Pioneer on November 1, 8 and 15, 2018


STATE OF MINNESOTA

COUNTY OF PINE COUNTY

DISTRICT COURT

TENTH JUDICIAL DISTRICT

Case Type 14

(Action to Determine Adverse Claim to Real Estate)

Court File No. 58-CV-18-449

Molly Willing,                  Plaintiff,

v.

PCS Resources, a Trust Pursuant to a Trust Registration recorded as Microfilm No. 326729 in the Office of the County Recorder of Pine County, Minnesota,

also the unknown heirs or successors of said Defendant and all other persons unknown claiming any right, title, estate,interest or lien in the real estate described in the Complaint herein,

    Defendant.

    Amended Summons

THIS SUMMONS IS DIRECTED TO PCS Resources, a Trust Pursuant to a Trust Registration recorded as Microfilm No. 326729 in the Office of the County Recorder of Pine County, Minnesota, also the unknown heirs or successors of said Defendant and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein.

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is on file in the office of the court administrator of the above-named court. 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:

Collins Law Office, P.A.

Attn: Robert H. Collins, Esq.

20 Lake Street N, Suite 202

Forest Lake, MN 55025

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. REAL ESTATE. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in Pine County, State of Minnesota, legally described as follows:

The North 660 Feet of the East 1/2 of Northwest 1/4 of the Northwest 1/4, Section 4, Township 38, Range 22, Pine County, Minnesota (“Real Property”).

NOTICE IS FURTHER GIVEN that the object of this action is to obtain a judgment declaring that Plaintiff is the owner in fee of the above-described Real Property, subject only to the following interests: Mortgage in favor of MERS, existing and organized under the laws of Delaware, as Mortgagee, filed April 20, 2018 as Document No. A-539516 in the office of the Pine County Recorder; and rights of the public roadways serving the Real Property; and that none of the Defendants, known or unknown, has any right, title, interest, estate, or lien in or upon the subject Real Property, or any part of it.

NOTICE IS FURTHER GIVEN that no personal claim is made by Plaintiff against any of the Defendants.

Filed in District Court

State of Minnesota

9/12/2018 1:12 PM

/S/ Robert H. Collins

Plaintiff’s Attorney’s signature

Sept. 11, 2018

Robert H. Collins

Atty ID No. 237644

Collins Law Office, P.A.

Attn: Robert H. Collins

20 Lake Street North, Suite 202

Forest Lake, MN 55025

rob@rcollinslaw.com

651.464.7400 X 1

ACKNOWLEDGMENT

The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §549.211 to the party against whom the allegations in this pleading arc asserted.

Sept. 11, 2018

/S/ Robert H. Collins

Published in the Pine City Pioneer on November 1, 8 and 15, 2018


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 conditions of the following described mortgage:

DATE OF MORTGAGE: August 31, 2016

MORTGAGOR: Dannielle Dhaene, a married woman.

MORTGAGEE: Mortgage Electronic Registration Systems, Inc.

DATE AND PLACE OF RECORDING:    Recorded March 17, 2017 Pine County Recorder, Document No. A-532376.

ASSIGNMENTS OF MORTGAGE:   Assigned to:  Lakeview Loan Servicing, LLC.  Dated September 28, 2018 Recorded October 3, 2018, as Document No. A542586.                

TRANSACTION AGENT:  Mortgage Electronic Registration Systems, Inc.

TRANSACTION AGENT’S MORTGAGE IDENTIFICATION NUMBER ON MORTGAGE:  1006166-0004034668-7

LENDER OR BROKER AND MORTGAGE ORIGINATOR STATED ON MORTGAGE:  Bay Equity LLC

RESIDENTIAL MORTGAGE SERVICER:  M&T Bank

MORTGAGED PROPERTY ADDRESS:  24840 Saint Croix Road, Pine City, MN 55063

TAX PARCEL I.D. #:  260127001

LEGAL DESCRIPTION OF PROPERTY:

THE WEST 320.00 FEET OF THE EAST 660.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 38 NORTH, RANGE 21 WEST, PINE COUNTY, MINNESOTA PIN #260127001

COUNTY IN WHICH PROPERTY IS LOCATED: Pine

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $183,058.00

AMOUNT DUE AND CLAIMED TO BE DUE AS OF DATE OF NOTICE, INCLUDING TAXES, IF ANY, PAID BY MORTGAGEE: $186,110.33

That prior to the commencement of this mortgage foreclosure proceeding Mortgagee/Assignee of Mortgagee complied with all notice requirements as required by statute; That no action or proceeding has been instituted at law or otherwise to recover the debt secured by said mortgage, or any part thereof;

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: December 27, 2018 at 10:00 AM

PLACE OF SALE:    Detention Center, 635 Northridge Drive NW, Pine City MN  55063

to pay the debt then secured by said Mortgage, and taxes, if any, on said premises, and the costs and disbursements, including attorneys’ fees allowed by law subject to redemption within six (6) months from the date of said sale by the mortgagor(s), their personal representatives or assigns unless reduced to Five (5) weeks under MN Stat. §580.07.

TIME AND DATE TO VACATE PROPERTY: If the real estate is an owner-occupied, single-family dwelling, unless otherwise provided by law, the date on or before which the mortgagor(s) must vacate the property if the mortgage is not reinstated under section 580.30 or the property is not redeemed under section 580.23 is 11:59 p.m. on June 27, 2019, unless that date falls on a weekend  or legal holiday, in which case it is the next weekday, and unless the redemption period is reduced to 5 weeks under MN Stat. Secs. 580.07 or 582.032.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None

Dated: October 24, 2018

Lakeview Loan Servicing, LLC

Mortgagee/Assignee of Mortgagee

USSET, WEINGARDEN AND LIEBO, P.L.L.P.

Attorneys for Mortgagee/Assignee of Mortgagee

4500 Park Glen Road #300

Minneapolis, MN 55416

(952) 925-6888

37 - 18-007217 FC

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

Published in the Pine City Pioneer on November 1, 8, 15, 22, 29 and December 6, 2018


NOTICE OF MORTGAGE

FORECLOSURE SALE

Date: November 15, 2018

1. A default has occurred in the conditions of that certain mortgage executed by Dean W. Sand and Christine F. Sand, husband and wife, as mortgagors, in favor of The RiverBank, a Minnesota banking corporation, as mortgagee, dated December 19, 2007, and recorded on January 3, 2008, as Document No. A469804, as assigned to Royal Credit Union, a Wisconsin state-chartered credit union, pursuant to that certain assignment of mortgage dated October 14, 2011, and recorded on October 28, 2011, as Document No. A-497327, both in the Office of the County Recorder in and for Pine County, Minnesota (collectively, “Mortgage”).  The land described in the Mortgage is not registered land.

2. The original principal amount secured by the Mortgage was: $360,000.00.

3. No action or proceeding at law is now pending to recover the debt secured by the Mortgage or any part thereof.

4. The holder of the Mortgage has complied with all conditions precedent to acceleration of the debt secured by the Mortgage and foreclosure of the Mortgage and all notice and other requirements of applicable statutes.

5. As of the date of this notice, the amount due on the Mortgage is:  $312,527.87.

6. Pursuant to the power of sale in the Mortgage, the Mortgage shall be foreclosed, and the land located at 2068 Sherwood Street, Mora, Minnesota 55051, Property Tax ID Nos. 28.0568.000 and 28.0568.001, and legally described as follows:

The West 660 feet of the North 660 feet of the Fractional South Half of the Northwest Quarter (S 1/2 of NW 1/4), Section Seven (7), Township Thirty-nine (39), Range Twenty-two (22), Pine County, Minnesota. Subject to County Road No. 120 along the West line thereof (“Property”),

shall be sold by the Sheriff of Pine County, Minnesota, at public auction on January 3, 2019, at 10:00 a.m., at the Pine County Sheriff’s Office: 635 Northridge Drive NW, Pine City, MN 55063.

7. The time allowed by law for redemption by mortgagors or mortgagors’ personal representatives or assigns is six (6) months after the date of sale.

8. The mortgagors must vacate the property on or before 11:59 p.m. on July 4, 2019, if the Mortgage is not reinstated under Minn. Stat. § 580.30 or the property is not redeemed under Minn. Stat. § 580.23.

9. THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGORS, THE MORTGAGORS’ PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINN. STAT. § 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.

10. The mortgagors released from financial obligation on the Mortgage are: None.

Royal Credit Union

(a Wisconsin state-chartered credit union)

By its attorneys:    

/s/ Lindsay W. Cremona

Garth G. Gavenda, (#310918)

Lindsay W. Cremona, (#393599)

Anastasi Jellum, P.A.            14985 60th Street North

Stillwater, MN 55082

(651) 439-2951

#19907

Published in the Pine City Pioneer on November 15, 22, 29, December 6, 13 and 20, 2018


NOTICE OF PUBLIC HEARING

PINE COUNTY ZONING BOARD

The Pine County Zoning Board will meet at 5:30 p.m. Thursday, November 29, 2018 at the Pine County Courthouse Board Room, 635 Northridge Dr. NW, Pine City, Minnesota.  At the meeting, public hearings will be held to solicit testimony in consideration of the following:

David Jensen is requesting a variance at 68773 Beaver Tail Rd, Askov (Pine Parcel Number 25.0076.000); Section 7, Township 43, Range 19, (Partridge Township) as follows:

The Pine County Subsurface Sewage Treatment Systems Ordinance Section 4.01.03 requires that all lots created after January 23, 1996 must have a minimum of two locations than support Type I septic systems. The applicant is requesting a variance to be able to create a 20 acre lot with redoximorphic features at 8-10” below the soil surface, while Type I septic systems require 12”.

Steven and Judy Seidmeyer are requesting a variance at 53354 Grindstone Rd W, Sandstone (Pine Parcel Number 12.0244.000); Section 16, Township 42, Range 21 (Dell Grove Township) as follows:

The Pine County Shoreland Management Ordinance Section 5.2.1 requires that structures have a 100’ setback from the OHWL or conform to the average setback of the two adjacent properties. Section 6.2.1 of said ordinance states that nonconforming structures shall not be expanded without variance. The Seidmeyer’s are requesting a variance for a 93 square foot expansion.

This hearing is open to the public at which time you are invited to appear and offer testimony regarding the request.  Written comments may be entered into the record at the discretion of the Chair of the Pine County Zoning Board, and may be sent to the Chair in care of Caleb Anderson, Land and Resources Manager, 635 Northridge Dr NW, Suite 260, Pine City, MN 55063.  Full application materials concerning the above request(s) are available for viewing at the Pine County Planning and Zoning Office, 635 Northridge Dr NW, Suite 260, Pine City, MN 55063 and on the Planning and Zoning Department section of the Pine County website: www.co.pine.mn.us.

Caleb Anderson (320.591.1657)

Land and Resources Manager

Published in the Pine City Pioneer on November 15, 2018

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