CIVIL NO. 17-1-0271(1)
IN THE CIRCUIT COURT OF THE SECOND CIRCUIT
STATE OF HAWAII
STATE OF HAWAII
TO: HEIRS AND/OR ASSIGNS OF E. B. HAMAUKU AKA EDWIN B. HAMAUKU; HEIRS AND/OR ASSIGNS OF EDWIN VALENTIN HAMAUKU, SR.; HEIRS AND/OR ASSIGNS OF EDWIN KEAWE HAMAUKU AKA EDWIN K. HAMAUKU; HEIRS AND/OR ASSIGNS OF THERESA MALINDA HAMAUKU AKA THERESA H. WAREN AKA THERESA HAMAUKU WAREN; HEIRS AND/OR ASSIGNS OF BENNETT HAMAUKU NKA BENETT JOSEPH HAMAUKU AKA BENNETT J. HAMAUKU AKA BENEDICT HAMAUKU AKA BENNETT J. HAMAUKU-BAKER AKA BENNETT JOSEPH HAMUKU BAKER; HEIRS AND/OR ASSIGNS OF LYLE THOMAS HAMAUKU BAKER; HEIRS AND/OR ASSIGNS OF WINIFRED HAMAUKU NKA WINIFRED IGNACIA HAMAUKU AKA WINIFRED I. MALLOY, EDWIN D. HAMAUKU AKA EDWIN D. FOLEY; FRANCIS PATRICK HAMAUKU AKA FRANK PATRICK HAMAUKU; LEAH RENE HAMAUKU-BAKER AKA LEAH DENE HAMAUKU-BAKER; FAITH LORNA HAMAUKU BAKER AKA FAITH BONSER; ALLEN EVERETT HARDY, TRUSTEE; CLAUDIA KATHERINE JENDRUSCH; BARBARA JENDRUSCH; DWIGHT JENDRUSCH; DOE DEFENDANTS 1 THROUGH 100; AND ALL OTHER UNKNOWN PERSONS OR ENTITIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THIS COMPLAINT WHICH IS ADVERSE TO PLAINTIFF’S OWNERSHIP AND TO ALL WHOM IT MAY CONCERN.
YOU ARE HEREBY NOTIFIED that Plaintiffs EDWIN MITSUO HAYASHI and CHARLENE P. HAYASHI claim fee simple ownership of that certain parcel of land located at Upper Ulumalu Road, Haiku, Hawaii 96708, more particularly described as follows:
All of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent Number (none), Land Commission Award Number 10474, Part 1 to N. Namauu) situate, lying and being at Ulumalu, Hamakualoa, District of Makawao, Island and County of Maui, State of Hawaii, LOT 30 of the ULUMALU HUI LANDS, bearing Tax Key designation (2) 2-8-001-016, and containing an area of 2.00 acres, more or less.
YOU ARE HEREBY FURTHER NOTIFIED that Plaintiffs EDWIN MITSUO HAYASHI and CHARLENE P. HAYASHI have filed Second Amended Complaint (the "Complaint") against you, seeking to quiet title to the subject property and a determination that Plaintiffs be declared and adjudged to be the owner of the subject property by reason of deed or otherwise; that the interests of all parties in the subject property be determined and if appropriate, some or all Defendants be declared to have no interest whatsoever therein; that the Defendants found to have no interest in the subject property be forever barred from asserting any claim to the subject property adverse to Plaintiffs’ interests and rights; that if it is found that there are other owners of the subject property besides Plaintiffs, the Court enter an order partitioning the subject property and that all parties found to be the owners of the subject property reimburse and contribute to the payments of expenses and real property taxes charged to the subject property and the payment of expenses incurred for the search of title, heirs and claimants to the property, and Plaintiffs’ costs, fees and expenses incurred herein, in accordance with the respective rights and interests of such parties, and such other and further relief as the Court deems just and equitable.
YOU ARE HEREBY SUMMONED to appear in the courtroom of the Honorable Rhonda I. L. Loo, Judge of the above-entitled Court, in her Courtroom at 2145 Main Street, Wailuku, Hawaii 96793 on April 10, 2018, at 8:15 a.m., or to file an answer or other pleading and serve it before said day upon Plaintiffs’ counsel, CRAIG G. NAKAMURA and CATHERINE L. M. HALL, Carlsmith Ball LLP, One Main Plaza, Suite 400, 2200 Main Street, Wailuku, Maui, HI 96793, to show cause, if any you have, why the prayer of said Complaint should not be granted. Unless you file an answer before the time aforesaid or appear at the Second Circuit Court, Wailuku, Maui, State of Hawaii, at the time and place aforesaid, your default will be recorded, and said Complaint will be taken as confessed and a judgment by default will be taken against you for the relief demanded in the Complaint.
DATED: Wailuku, Maui, Hawaii, Jan. 10, 2018.
/sgd/ D. PELLAZAR (seal)
Clerk of the above-entitled Court
CARLSMITH BALL LLP
CRAIG G. NAKAMURA 2062
CATHERINE L. M. HALL 9973
ONE MAIN PLAZA, SUITE 400
2200 MAIN STREET,
WAILUKU, MAUI, HI 96793
TEL NO. 808.242.4535
FAX NO. 808.244.4974
ATTORNEYS FOR PLAINTIFFS
EDWIN MITSUO HAYASHI AND CHARLENE P. HAYASHI
(SA1055231 1/16, 1/23, 1/30, 2/6/18)