jkapelczak@jckinc 248-939-2049

1. Joseph C. Kapelczak, PS Oakland County Plat Engineer and Remonumentation Surveyor jkapelczak@jckinc.com 248-939-2049

2. SCHMIDT v. HEPINSTALL Oakland County Sixth Judicial Circuit Court The Honorable Michael Warren Trial by Bench 2008 Court of Appeals Docket #285071

4. FIRST MICHIGAN SURVEYS 1815-1816

5. Part of the South ½ of the Northeast ¼ of Section 12, Town 3 North, Range 7 East, Township of Highland, Oakland County, Michigan, more particularly described as: Beginning at a point distant South 234.39 feet from the Southeast corner of Supervisor’s Plat No.2; thence South 76 degrees 53 minutes 00 seconds West 542.16 feet; thence South 55.08 feet; thence East 528.00 feet; thence North 178.11 feet to beginning. A TROUBLESOME DEED

6. PROPERTY DISPERSED BY THE DEQ

7. THE ORIGINAL MEANDER LINE WITH NOTICEABLE ERROR

8. THE ASSUMED CORRECTION OF THE MEANDER LINE

9. State of Michigan Oakland County Circuit Court Judgment The Honorable Michael Warren “This Court has presided over a lengthy and comprehensive trial regarding the issues presented in this case. The Court makes the following findings of fact, all based on the Court’s assessment of the honesty, demeanor, credibility, consistency and veracity of the witnesses and the other evidence before the Court:”

10. The David Smith Survey establishes the eastern boundary of Schmidts’ lot 11-12-276-004 which is the western boundary of the Hepinstall property; • The township line is established in accordance • with the David Smith survey in the 2007 remonumentation; • The boundary line between the Schmidt and Hepinstall houses is fixed as set forth in the McCoy survey recorded in Liber 34384, Page 820, Oakland County Records. • This Judgment is final and resolves all matters raised in this case.

11. STATE OF MICHIGAN OAKLAND COUNTY CIRCUIT COURT MOTION FOR NEW TRIAL JANUARY 2008 Basis The decision of the court was against the great weight of evidence (MCR2.611(A)(1)(E)), including, without limitation, reliance on the testimony of David P. Smith and Joseph C. Kapelczak which was factually flawed and legally incorrect.

12. The Court’s Finding of Fact • Mr. Schmidts’ behavior toward Elizabeth Hepinstall was childish and hostile. • 2. The survey that was evidence in a prior trial does not preclude its use. • The direct testimony of David P. Smith and Joseph C. Kapelczak is found to be very credible, firmly established and well-grounded. • Smith and Kapelczak acted mutually and objectively, comprehensively and conscientiously to determine the appropriate township line using the appropriate methodology on a good faith basis.

13. MOTION FOR NEW TRIAL DENIED

14. STATE OF MICHIGAN COURT OF APPEALS OCTOBER 15, 2009 GEORGE SCHMIDT and NAN SCHMIDT PLAINTIFFS vs. CHET HEPINSTALL and ELIZABETH HEPINSTALL DEFENDANTS

18. BEFORE: KRISTAN FRANK KELLY, KATHLEEN JANSEN AND E. THOMAS FITZGERALD AFFIRMED

19. ANY QUESTIONS?

20. jkapelczak@jckinc.com