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COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.: 1677-CV-01587,
2
by
as
PHILIP J. MAZZOLA, as
TRUSTEE OF THE SEVENTEEN
WINGAERSHEEK REALTY TRUST,
Plaintiff Ld
—)
Vv.
cs=
JOHN F. O’BRIEN, et al.,
Defendants )
PLAINTIFF’S REQUESTED QUESTIONS FOR VOIR DIRE
The Plaintiff, by and through his attorneys, respectfully requests that the Court ask the
following questions during the voir dire of the jury panel:
1 Are you or any member of your immediate family personally acquainted with
either Plaintiff Philip Mazzola or his wife Roberta Mazzola, or does any member of your family,
or any friend, have any connection of any kind with either the Plaintiff or his wife?
2. Are you or any member of your immediate family personally acquainted with
Defendants John F. O’Brien, Sr. and Bonita J. O’Brien, or does any member of your family, or
any friend, have any connection of any kind with either of the Defendants?
3 Are you or any member of your immediate family personally acquainted with
John F. O’Brien, Jr. (a proposed witness in this case), or did any member of your family, or any
friend, have any connection of any kind with John F, O’Brien, Jr.?
4 Are you or any member of your immediate family personally acquainted with
Wendy Ercolani (a proposed witness in this case), or does any member of your family, or any
friend, have any connection of any kind with Wendy Ercolani?
.
5 Are you or any member of your immediate family personally acquainted with
Paul Bruno (a proposed witness in this case), or does any member of your family, or any friend,
have any connection of any kind with Paul Bruno?
6 Are you or any member of your immediate family personally acquainted with
Donna Bruno (a proposed witness in this case), or does any member of your family, or any
friend, have any connection of any kind with Donna Bruno?
7 Are you or any member of your immediate family personally acquainted with
Kenneth Whittaker (a proposed witness in this case), or does any member of your family, or any
friend, have any connection of any kind with Kenneth Whittaker?
8 Are you or any member of your immediate family personally acquainted with
Victoria Mullen (a proposed witness in this case), or does any member of your family, or any
friend, have any connection of any kind with Victoria Mullen?
9 Are you or any member of your immediate family personally acquainted with
Samuel Nigro, Jr. (a proposed witness in this case), or does any member of your family, or any
friend, have any connection of any kind with Samuel Nigro, Jr.?
10. Do you know counsel for any of the parties?
11. To your knowledge, has any lawyer in this case acted as your attorney, or as the
attorney for any of your family members or friends?
12. Have you or any member of your immediate family ever been a party to a lawsuit
before? If yes, please explain.
13. Have you or any member of your immediate family ever been a party to a dispute
or lawsuit with a neighbor? If yes, please explain.
14. Have you or any member of your immediate family ever been a party to a dispute
or lawsuit regarding easement rights? If yes, please explain.
15. Have you or any member of your immediate family ever been a party to a dispute
or lawsuit regarding rights to travel to and from a beach? If yes, please explain.
16. Do you or any member of your immediate family currently possess easement
rights on or over the property of another? If yes, please explain.
17, Have you or any member of your immediate family ever possessed easement
rights on or over the property of another? If yes, please explain.
18. Have you or any member of your immediate family ever had easement rights
limited, restricted, or taken away? If yes, please explain.
19. Do you know anything at all about the facts of this case? Have you heard, seen or
read anything about it in the media? Have you heard anything about this case since you arrived
at the courthouse? If so, have you formed any opinions about this case?
20. As a juror, you wil] take an oath to give a fair and just verdict. Will you be able
to follow that oath and give all the parties a fair trial?
21. If you were selected as a juror in this case, is there any reason why you could not
sit as an impartial juror?
. : -
os
Respectfully submitted,
Plaintiff Philip J. Ma: la, Trustee of The
Seventee: Sheek Realty Trust,
By hig aj Ss
Wil) . Sheehan, III, BBO #457060
. Flannagan, BBO #564328
Holloway Doherty & Sheehan, P.C.
8 Center Drive
Peabody, MA 01960
(978) 774-7123
wsheehan@mhdpc.com
tflannagan@mhdpc.com
Dated: January 3, 2020
CERTIFICATE OF SERVICE
1, Thomas J. Flannagan, attorney for the Plaintiff, hereby certify that on January 3, 2020, I caused a copy of
the above document to be served upon the following attorney by mailing the same, first class mail, postage prepaid,
and by electronic mail:
Meredith A. Fine, Esq.
Law Office of Meredith A. Fine
46 Middle Street, Suite 2
Gloucester, MA 0193,
ol Ww
Th
he
oSot
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3 - COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 1677-CV-01587, 2 by as PHILIP J. MAZZOLA, as TRUSTEE OF THE SEVENTEEN WINGAERSHEEK REALTY TRUST, Plaintiff Ld —) Vv. cs= JOHN F. O’BRIEN, et al., Defendants ) PLAINTIFF’S REQUESTED QUESTIONS FOR VOIR DIRE The Plaintiff, by and through his attorneys, respectfully requests that the Court ask the following questions during the voir dire of the jury panel: 1 Are you or any member of your immediate family personally acquainted with either Plaintiff Philip Mazzola or his wife Roberta Mazzola, or does any member of your family, or any friend, have any connection of any kind with either the Plaintiff or his wife? 2. Are you or any member of your immediate family personally acquainted with Defendants John F. O’Brien, Sr. and Bonita J. O’Brien, or does any member of your family, or any friend, have any connection of any kind with either of the Defendants? 3 Are you or any member of your immediate family personally acquainted with John F. O’Brien, Jr. (a proposed witness in this case), or did any member of your family, or any friend, have any connection of any kind with John F, O’Brien, Jr.? 4 Are you or any member of your immediate family personally acquainted with Wendy Ercolani (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Wendy Ercolani? . 5 Are you or any member of your immediate family personally acquainted with Paul Bruno (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Paul Bruno? 6 Are you or any member of your immediate family personally acquainted with Donna Bruno (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Donna Bruno? 7 Are you or any member of your immediate family personally acquainted with Kenneth Whittaker (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Kenneth Whittaker? 8 Are you or any member of your immediate family personally acquainted with Victoria Mullen (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Victoria Mullen? 9 Are you or any member of your immediate family personally acquainted with Samuel Nigro, Jr. (a proposed witness in this case), or does any member of your family, or any friend, have any connection of any kind with Samuel Nigro, Jr.? 10. Do you know counsel for any of the parties? 11. To your knowledge, has any lawyer in this case acted as your attorney, or as the attorney for any of your family members or friends? 12. Have you or any member of your immediate family ever been a party to a lawsuit before? If yes, please explain. 13. Have you or any member of your immediate family ever been a party to a dispute or lawsuit with a neighbor? If yes, please explain. 14. Have you or any member of your immediate family ever been a party to a dispute or lawsuit regarding easement rights? If yes, please explain. 15. Have you or any member of your immediate family ever been a party to a dispute or lawsuit regarding rights to travel to and from a beach? If yes, please explain. 16. Do you or any member of your immediate family currently possess easement rights on or over the property of another? If yes, please explain. 17, Have you or any member of your immediate family ever possessed easement rights on or over the property of another? If yes, please explain. 18. Have you or any member of your immediate family ever had easement rights limited, restricted, or taken away? If yes, please explain. 19. Do you know anything at all about the facts of this case? Have you heard, seen or read anything about it in the media? Have you heard anything about this case since you arrived at the courthouse? If so, have you formed any opinions about this case? 20. As a juror, you wil] take an oath to give a fair and just verdict. Will you be able to follow that oath and give all the parties a fair trial? 21. If you were selected as a juror in this case, is there any reason why you could not sit as an impartial juror? . : - os Respectfully submitted, Plaintiff Philip J. Ma: la, Trustee of The Seventee: Sheek Realty Trust, By hig aj Ss Wil) . Sheehan, III, BBO #457060 . Flannagan, BBO #564328 Holloway Doherty & Sheehan, P.C. 8 Center Drive Peabody, MA 01960 (978) 774-7123 wsheehan@mhdpc.com tflannagan@mhdpc.com Dated: January 3, 2020 CERTIFICATE OF SERVICE 1, Thomas J. Flannagan, attorney for the Plaintiff, hereby certify that on January 3, 2020, I caused a copy of the above document to be served upon the following attorney by mailing the same, first class mail, postage prepaid, and by electronic mail: Meredith A. Fine, Esq. Law Office of Meredith A. Fine 46 Middle Street, Suite 2 Gloucester, MA 0193, ol Ww Th he oSot