certain improved piece of real property (hereinafter “the House”) a
general lack of stirring by all creatures therein, including, but not limited to a mouse.
by and around the chimney in said House in the hope and/or belief that
St.Nick a/k/a St. Nicholas a/k/a Santa Claus (hereinafter “Claus”) would arrive
at some time thereafter.
were located in their individual beds and were engaged in nocturnal
hallucinations, i.e. dreams, wherein vision of confectionery treats,
including, but not limited to, candies, nuts and/or sugar plums, did
dance, cavort and otherwise appear in said dreams.
as “I”), being the joint-owner in fee simple of the House with the parts
of the second part (hereinafter “Mamma”), and said Mamma had retired
for a sustained period of sleep. (At such time, the parties were clad in
various forms of headgear, e.g. kerchief and cap.)
unimproved real property adjacent and appurtenant to said House, i.e. the
lawn, a certain disruption of unknown nature, cause and/or circumstance.
The party of the first part did immediately rush to a window in the
House to investigate the cause of such disturbance.
At that time, the party of the first part did observe, with some degree
of wonder and/or disbelief, a miniature sleigh (hereinafter the
“Vehicle”) being pulled and/or drawn very rapidly through the air by approximately
eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.
Said Claus was providing specific direction, instruction and guidance
to the approximately eight (8) reindeer and specifically identified the animal
co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid,
Donner and Blitzen (hereinafter the “Deer”). (Upon information and belief,
it is further asserted that an additional co-conspirator named “Rudolph” may have been involved.)
The party of the first part witnessed Claus, the Vehicle and the Deer
intentionally and willfully trespass upon the roofs of several residences
located adjacent to and in the vicinity of the House, and noted that the
Vehicle was heavily laden with packages, toys and other items of unknown origin or nature.
Suddenly, without prior invitation or permission, either express or
implied, the Vehicle arrived at the House, and Claus entered said House
via the chimney. Said Claus was clad in a red fur suit, which was
partially covered with residue from the chimney, and he carried a large
sack containing a portion of the aforementioned packages, toys, and other unknown items.
He was smoking what appeared to be tobacco in a small pipe in blatant
violation of local ordinances and health regulations. Claus did not
speak, but immediately began to fill the stocking of the minor children,
which hung adjacent to the chimney, with toys and other small gifts.
(Said items did not, however, constitute “gifts” to said minor pursuant
to the applicable provisions of the U.S Tax Code.)
Upon completion of such task, Claus touched the side of his nose and
flew, rose and/or ascended up the chimney of the House to the roof where
the Vehicle and Deer waited and/or served as “lookouts.” Claus
immediately departed for an unknown destination.
However, prior to the departure of the Vehicle, Deer and Claus from said
House, the party of the first part did hear Claus state and/or exclaim:
“Merry Christmas to all and to all a good night!”
Or words to that effect.