22-CO-22-34

Filed in District Court

State of Minnesota
5/16/2022 1:36 PM

STATE OF MINNESOTA IN CONCILIATION COURT

COUNTY OF FARIBAULT FIFTH JUDICIAL DISTRICT

Robert Kreklau Court File No.

21 17 Bargamin Loop
Crozet, VA 22932
Kathleen Kreklau
21 17 Bargamin Loop
Crozet, VA 22932

Plaintiffs,
vs.

Jennifer Carnahan
222 W. 8th Street
Blue Earth, MN 56013

Defendant.

PLAINTIFFS ROBERT KREKLAU AND KATHLEEN KREKLAU’S STATEMENT

OF CLAIM AND SUMMONS

TO: DEFENDANT, JENNIFER CARNAHAN, 222 W. 8TH STREET, BLUE EARTH, MN

56013:

STATEMENT OF CLAIM

Plaintifi‘s, for their claim against Defendant, state and allege:

1. Plaintiff Robert Kreklau is the stepfather of the late United States Congressman

James Hagedorn (“Decadent”). Plaintiff Kathleen Kreklau is the mother of Decedent (Robert

Kreklau and Kathleen Kreklau collectively the “P1aintiffs”). Defendant is the widow of

Decedent. Decedent had received a cancer diagnosis and passed-away on February l7, 2022.
2. In January of 2022, Decedent was informed by the Mayo Clinic that it had

exhausted its options for treating his cancer.

{3153mm}
 22-CO-22-34
Filed in District Court
State of Minnesota
5/16/2022 1:36 PM

3. Decedent and Defendant made the decision for the Decedent to obtain treatment

at Envita Medical Centers in Scottsdale, AZ (“Envita”).

4. Decedent’s health insurance did not cover the costs associated with the treatment

by Envita.

5. Decedent asked the Plaintiffs to help pay for the cost of Decedent’s treatment at

Envita by paying Envita directly. If the treatments were successful and Decedent lived,

Decedent and Defendant agreed that the Plaintiffs would be reimbursed for the amount the

Plaintiffs paid towards Decedent’s treatment when cash flow allowed. If the treatments were

unsuccessful and Decedent passed away, Defendant promised to use the inheritance she was to

receive fiom Decedent to reimburse the Plaintiffs for the amount that they paid towards

Decedent’s treatment.

6. Plaintiffs quickly raised funds by obtaining a loan on the equity in their home in

the amount of $25,000.00. Of this amount, $14,617.00 was reimbursed to Plaintiffs as it was not

used to pay for Decedent’s treatment at Evita. A total of $10,383.00 was paid towards

Decedent’s treatment at Envita (the “Home Equity Loan”). It was of the essence that treatment

be commenced quickly.

7. The Home Equity Loan is currently accruing interest at the rate of 4.17%, but this

interest rate periodically adjusts as interest rates adjust.

8. Defendant clearly and definitely promised Plaintiffs that they would be

reimbursed for any amount paid to Envita from the inheritance that Defendant was to receive at

Decedent’s death.

9. Upon information and belief, Defendant has received a death benefit from the

United States Congress in the amount of $174,000.00 on account of the death of Decedent.

(315311481) 2
 22-CO-22-34
Filed in District Court
State of Minnesota
5/16/2022 1:36 PM

Upon information and belief, Defendant has also received, or will receive, an additional

$174,000.00 fiom a life insurance policy on the life of Decedent.

10. To date, Defendant has not reimbursed Plaintiffs for the amount paid to Envita.

11. Defendant made a clear and definite promise to repay Plaintiffs for any amounts

paid to Envita for Decedent’s treatment with assets she was to inherit at Decedent’s passing.

Plaintiffs reasonably relied on this promise in obtaining the Home Equity Loan and paying the

Home Equity Loan to Envita for Decedent’s treatment. Defendant has failed to reimburse

Plaintiffs out of the death benefits she received upon Decedent’s death as promised.

12. Defendant owes Plaintiff $10,383.00 as of the date of this Statement of Claim,

plus costs of $80, and accruing interest on the Home Equity Loan, for a total amount to be

provided at the trial of this matter not to exceed $15,000.00.

CONCILIATION COURT ACIGVOWLEDGMENTS

1. Plaintiffs believe that Defendant is at least 18 years old and not in the military

service. Defendant’s date of birth is unknown.

2. Plaintiffs understand that if no appearance is made on the conciliation court

hearing date, their case will be dismissed and it may have to pay money to the Defendant on any

claim that has been filed.

I declare under penalty of perjury that everything I have stated in this document is true

and correct. Minn. Stat. § 358.116.

Remainder lefi blank; signature page and summons notice follow.

(3158mm) 3
 22-CO-22-34
Filed in District Court
State of Minnesota
5/16/2022 1:36 PM

Dated: May 15, 2022

gamma/11!,
WWW By KMQ '
Couniy and State where signed Rohen Krgldau
2117 Bargamin Loop
Crozet, VA 22932
Albemarle County
DOB: 3 /% Z 91.2..
(434) 823-1344
bkkreklau comcastnet

County and State Where signed

By
Ka§flj§éafi
eenKreklau
L’LL” .
-]

2117 Bargamin Loop

Crozet, VA 22932
Albemarle
DOB: .4. County
118’ 3
(434) 823-1344
bkkreklau@comcast.net

Christopher R. Roe, #0323305

Jacob T. Sherlock, #0396882
Attorneys for Plaintiff
Blethen Berens
100 Warren Street, Suite 400
Mankato, MN 56001
(507) 345-1166
croe@blethenberens.com
jsherlock@blethenberens.com

SUMMONS: IMPORTANT NOTICE TO THE PARTIES

You are hereby summoned to appear at the hearing of the above-entitled case. See the attached
Notice of Hearing for time and location. If not attached, call Conciliation Court.

If the defendant does not appear at the hearing, the plaintiff may win this case by default,
which means the plaintiff could be awarded a money judgment against the defendant. The
judgment could include the amount the plaintiff requested in the Statement of Claim as
well as other fees and costs approved by a judicial officer.

If the plaintiff does

not appear at the hearing, this case may be dismissed. If the defendant
has filed a counterclaim, then a default judgment could be entered against the plaintiff.

(31581 148.1}
 22-CO-22-34
Filed in District Court
State of Minnesota
5/16/2022 1:36 PM

The Defendant may bring a counterclaim against the Plaintiff. A counterclaim must be filed at
least five days before the Conciliation Couit hearing. For forms, instructions, and more
information, see “Information About Conciliation Court” (court form CCTlOl) on the court’s
website starting at www.mncourts.gov/fonns.

(315811484) 5