Hawaii Tribune-Herald
Notice #: 0001276242-01
Summons

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII SUMMONS TO: DANIELLE RENEE MEYERS YOU ARE HEREBY NOTIFIED that SCOTT JOSEPH PROSKOW, Plaintiff, has filed a complaint in Civil no. 3CCV-20-0000032, wherein plaintiff prays (A) Defendant be summoned to appear and answer this Complaint; (B) This Court determine that the Property cannot be subdivided so a partition in kind would be impracticable and greatly prejudicial to the interested parties such as the whole of the Property must be sold; (C) This Court determine that no other persons have any interest in the Property, except for Plaintiff and Defendant; (D) This Court order the sale of the Property and appoint a Commissioner for that purpose, and after the sale of the Property, make equitable adjustments and distribute the net proceeds (after paying all costs of the sale, and fees and costs of the Commissioner, any valid liens and encumbrances on the Property, and Plaintiff’s attorney’s fees and costs) according to the respective interests in the Property; (E) That this Court order that the costs of this proceeding, including but not limited to the costs of filing, service and any title search and appraisal as may be required, which have been or are advanced by Plaintiff, and his reasonable attorney’s fees and costs be charged or apportioned among the parties in an equitable fashion in accordance with HRS ยง 668-17; (F) Plaintiff be awarded damages, as proven at trial or an appropriate hearing; (G) Plaintiff be awarded reasonable attorney’s fees and legal costs incurred for the prosecution of this action; and (H) For such other relief as the court may deem just and equitable. Subject Property Address: 16-1326 Moho Road, Keaau, Hawaii 96749, bearing Tax Map Key No. (3) 1-6-052-037., more particularly described as follows: PARCEL FIRST: ALL OF THAT CERTAIN PARCEL OF LAND SITUATE AT KEAAU, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, DESCRIBED AS FOLLOWS: LOT 4914, AREA 3.000 ACRES, MORE OR LESS, AS SHOWN ON MAP 49, FILED WITH LAND COURT APPLICATION NO. 1053 (AMENDED) OF W. H. SHIPMAN, LIMITED. PARCEL SECOND: AN UNDIVIDED 1/3944TH INTEREST IN LOT 6213 (ROADWAY), AREA 352.017 ACRES, MORE OR LESS, TO BE USED IN COMMON WITH OTHERS ENTITLED THERETO FOR ROADWAY AND UTILI1Y PURPOSES ONLY, AS SHOWN ON SAID MAP 49 OF APPLICATION NO. 1053 (AMENDED). YOU ARE HEREBY SUMMONED to appear in the courtroom of the Presiding Judge. Div. 1, 777 Kilauea Ave., Hilo, HI 96720 on June 9, 2020 at 8:00 a.m. or to file an answer or other pleading and serve it before said day upon DeVries&Associates, Plaintiff’s attorneys, whose address is 75-5591 Palani Road, Suite 2001, Kailua-Kona, Hawaii 96740. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. DATED: Hilo, Hawaii April 3, 2020. T. KANAEHOLO [SEAL] CLERK OF THE ABOVE ENTITLED COURT (HTH1276242 4/15, 4/22, 4/29, 5/6/20)