CIVIL NO. 18-1-0058K
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
STATE OF HAWAII:
TO: HEIRS AND/OR ASSIGNS OF KAHUHU; HEIRS AND/OR ASSIGNS OF ANE NANEA; HEIRS AND/OR ASSIGNS OF MAIKA MCDIERMID; DOES 1 -100; AND THE HEIRS, ASSIGNS AND/OR DEVISEES OF PERSONS NAMED ABOVE WHO ARE DECEASED, OR PERSONS HOLDING UNDER SAID HEIRS, ASSIGNS AND/OR DEVISEES, AND ALL OTHER UNKNOWN PERSONS OR ENTITIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT WHICH IS ADVERSE TO PLAINTIFFS’ OWNERSHIP AND TO ALL WHOM IT MAY CONCERN
YOU ARE HEREBY NOTIFIED that Plaintiffs MICHAEL K. FUJIMOTO, MICHAEL W. GIBSON, AND TIMOTHY E. JOHNS, Trustees under that certain unrecorded Land Trust Agreement for the Parker Land Trust dated September 13, 2002 ("Plaintiffs"), claim fee simple ownership of the following real property:
All of that certain parcel of land (being all of the lands described in and covered by Land Patent Number 8448, Land Commission Award Number 4233 Kahuhu) situate, lying and being at Paulama, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, within Tax Key designation (3) 6-7-002- portion 056, containing an area of 1/4 acre, more or less, as hatched on the map attached to the Complaint and marked as Exhibit "A". ("Parcel First")
That portion of Royal Patent Number 7293, Land Commission Award Number 236-O to Maika McDiermid situate, lying and being at Paulama, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, within Tax Key designation (3) 6-7-002- portion 056, as hatched on the map attached to the Complaint and marked as Exhibit "B". ("Parcel Second")
(Parcel First and Parcel Second, together referred to as the "Subject Property")
YOU ARE HEREBY FURTHER NOTIFIED that Plaintiffs filed a Complaint (the "Complaint") against you, seeking to quiet title to the Subject Property and a determination that Plaintiff 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 Subject 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 PRESIDING JUDGE of the above-entitled Court, located at 81-940 Haleki’i Street, Kealakekua, Hawaii, 96750 on Tuesday, the 10th day of July, 2018, at 8 o’clock a.m., or to file an answer or other pleading and serve it before said day upon Plaintiffs’ counsel, Katherine A. Garson and Shawn H. Yamada, whose mailing address is 121 Waianuenue Ave., Hilo, Hawaii 96720. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.
DATED: Kealakekua, Hawaii, April 27, 2018.
CLERK OF THE ABOVE-ENTITLED COURT
CARLSMITH BALL LLP
KATHERINE A. GARSON
SHAWN H. YAMADA
121 Waianuenue Ave.
Hilo, HI 96720
Tel No. 808.935.6644
Fax No. 808.935.7975
Attorneys for Plaintiffs
(SA/WHT1095377 5/25, 6/1, 6/8, 6/15/18)