17C-262 (4) 'i
Q.9. List all damages alleged in Paragraph 32 of your
Complaint.
A.9. As a result of the Defendant's removal of part of a
` drainage culvert at the entrance, part of said dirt road was
washed away in the early spring of 1984. The damage to the dirk- ;;
road was repaired by Mr. Paul Omasta, who took several hours to ``
v
r ' fill large holes and ruts with sand and gravel.
0010. If a negotiated settlement could be reached in this matte
state the terms and conditions upon which you would agree to
settle the dispute.
n A.10. The terms and conditions have been discussed betwe ►
counsel and remain negotiable.
Signed under the pains and penalties of perjury this 11th day ofY
January, 1985. S
r By
Marcia D. Nehring
,X
ti
CERTIFICATE OF SERVICE .
41,
I , Geoffrey B. White, at for the Plaintiffs, hereby ?
certify that on the 11th day of January, 1985, I mailed a copy of,
the foregoing Plaintiffs' Answers to Interrogatories Propounded `
rk &° by the Defendant, postage prepaid, to the Defendant's attorney, F .
` t Joseph DeFazio, Esq. , at his office at 7 Pleasant Street, `
Northampton, Massachusetts.
Geoffrey B, White, Esq.
y {{
6 ,
N .;fey
� F
h
¢
x t/OTRSE i SACKS
'fORNEYS AT LAW
' TRUMBULL ROAD a:'
T THAMPTON,MASS.
E 01000
(11 3)664-1207
f
Y
r �Y b. Fred Challet used the road for access and
harvesting of timber between 1936 and 1960. Paul Omasta
'
subsequently used, maintained and controlled said dirt road
ey Y
F . between 1960 and 1981.
C. Elgie Challet and Paul Omasta.
' { . d. Plaintiffs' counsel has not yet decided who he
' intends to call as witnesses in this matter.
0.6. If you or any predecessor-in-title have been involved in
k ' any prior litigation which arose from your claim of right in th
Defendant' s land, stater '
a. The Court in which the action was filed; }
b. The number of the case;
c. The name of ech party involved;
� tx
d. The general nature of the action; and
d
e. The disposition of the case.
A. 6. Not applicable.
Q.7. How many times do you contend that the Defendant prevented3,
you from gaining access to your property? Detail each time,
date, circumstances involved and length of time access was
prevented.
A.7. On or about May 25, 1984, the Defendant caused a
large pile of gravel and sand to be placed upon the road, thus
blocking access to our property. The Defendant's actions t
prevented us from gaining access to our property for a period ofw
d several hours, until such time as we were able to move the pile,,
of gravel and sand by tractor.
` Q.8. If you allege that the Defendant threatened to continue t £;
� .A interfere with access to your property, state: {'
a. Time and date of each occurrance;
. .;..- b. What was said or done each time; and
c. What people were present each time. ?
A. B. On or about May 26, 1984, when confronted with the
blocking of said dirt road, Mr. Mazuch made the statement that
said dirt road was his property and that he could do anything h4*
' wanted with it. This statement was made to Mr. Mark Sullivan, a4
'! !"$E&SACKS
TLA friend of Plaintiff Marcia Nehring who had been given permisaio
u iTO1�liE ULL LAW to cam on the Plaintiffs' property.
� a"TRUM4�LL ROAD p' .
a $ RTHAMPTON,MASS.
01060
a�
S
QL
Plaintiffs and their predecessors-in-title to limit and control,
x the use of said dirt road. R
. b. 1936. ',
c. Fred Challet, Elgie Challet, Paul Omasta, F
4= ' Lydia Omasta. t;
d. Continuously since 1936.
Fr_
0.4. � If you or your predecessors-in-title were ever granted y
permission to perform the acts on which you base your
S prescriptive rights in Defendant's land, state:
3
a. When the permission was granted; and
r�
b. The name and address of the 'person or persons who
granted the permission.
A. 4. a. Not applicable.
k
b. Not applicable.
x � dY- Q. 5 If you contend that your prescriptive right is based in
art on acts of any predecessors-in-title, state:
a.
The name and address of each predecessor-in-title
" through whom you claim;
& Q} s+
b. The exact acts performed by each on which your claim As
N
based;
IA
Srt ` t
� g k c. The source of your knowledge concerning the acts of
Jr �, each; and
d. The name and address of each person you intend to cal; ,
"4+ as a witness who will testify as to acts performed by those
through whom you are claiming. t '
t
A. 5.
may' a. 1. Elgie Challet
25 Parad,se Drive
f astharr,Pfio r M A
2. Paul Omasta, Jr.
Montague Road
t Westhampton, Massachusetts
s
F ' *, 3. Lydia C. Omasta
Montague Road
Westhampton, Massachusetts
'MORSE i SACKS.r }
z %TTORNEYS AT LAW
-
,� , ,a1TRUMOULI ROAD � � � �-
18TM,AMPTON,MASS. # ' `
01060 ^
kr
•gip '+,
in
-1 17)W1267 3"
a
,.41t
f
4. Approximately 8 cars. ,q = 3
5 . Approximately 6 cars. ,2 y
t' 6. 1 Bus. `� 5
7. Approximately 10 cars. q
y 8. Approximately 10 cars.
Approximately H = �a
9. Approx y 20 cars.
10. Approximately 15 cars. y = ��
0 w rJ C44
ll. Approximately 10 cars.
12. Approximately 30 cars. .
13. Approximately 12 cars. y = y
14. Approximately 10 cars. 1 �
15. Approximately 12 cars. 9 ;:
16. Approximately 10 cars.
17. Approximately 15 cars.
r} e. None. 17� .
fh s
Q.3.
If you claim an easement by prescription by virtue of
�. r -t ',• adverse use, state:
a. The exact acts you rely on to establish your
t , prescriptive right;
JF
b. The date these acts were begun; M.
n r P S
c. The identity of all persons whose acts are relied on `.
you to establish your claim; and
d. How often you or any person ,whose acts you rely on
`
performed such acts,
' . A.3. a. Continuous use, maintenance and control of the
dirt road for access to and from the Plaintiffs' property.
Specifically, the road was used by the Plaintiffs' #
predecessors-in-title for access to and from their property and
v " for the purpose of hauling timber to and from their property. 'In
P` addition, a chain link fence was constructed across the entrance
MORSE iSACKS to said dirt road by the Plaintiffs' predecessor-in-title in 11
�TTORNEVSATLAW 1961. This chain link fence has been maintained and used by the
1`TRUMBULL ROAD
al�a�MAMPTON,MASS
01060
144& d ,
i
4'Yf
A.° d
I
16. Club Leader
17. Director
C. 1. June 15, 1981, June 17 , 19821 J��e 16,1983, Tunezo,l'�+�4
> June 14, 1981, June 13, 1982, June 13, 1983
a
3. June 4, 1981
'. June 26, 1981 through June 27, 1981, June 25,
' 1982 through June 26, 1982, June 17, 1983 through
June 18, 1983
* ,5: June 24, 1981, July 1, 1981, July 8, 1981,
' k May 25, 1983, June 16, 1984
t4, -'c July 160, 1981, August 4, 19810 August 13, 1981,
s August 3, 1982
KR A, n
July 18, 1981 ,
0. August 60 1981, August 5, 1982 }
9r, August 9, 1981, July 5, 1982, August 9, 1982,
August 29, 1982, June 30, 1983, August 28, 1983
July August 11, 1981, July 13, 1982, July 12, 1983
1 August 25, 1981, July 27, 1982, July 26, 1983, `
July 24, 1984
August 15, 1981, August 23, 1981, !
August 15, 1982, August 21, 1983
1,J. August 28, 1981 f
IA. September 3, 1981, June 17, 1982, i
August 13, 1982, June 23, 1983, June 14, 1984 ? `
15. July 31, 1982, August 20, 1983, August 11, 1984Y
16 August 4, 1982
17. August 12, 1982 �
f
d. 1. Approximately 3 buses. ylc = 13
2. Approximately 20 cars. .
' nx$ MoRSEaSACKS 3. Approximately 3 cars. y = �2
'ATTORNEYS AT LAW " "
31 TRUMDULL ROAD
ORTHAMPTON,MASS.
01060
1413)5"1267 ;a}
' Fr,
13. Parents Without Partners
c/o Isabelle Mason
Grove Street
Northampton, Massachusetts ,
14. Westhampton Boy Scouts '
c/o Betty Ann GouldiF
RFD Northampton, Massachusetts ! r
15. Westhampton Firemen' s Association
c/o Richard W. Tracy
South Road
Westhampton, Massachusetts
16. Westhampton 4H Club
c/o Town Hall
Westhampton, Massachusetts
w; 17. Westhampton Little League
c/o Westhampton Recreational Department
Westhampton, Massachusetts
b. 1. Roland Damon
2. Superintendent
3. Junior Choir Director
4. Edwin Addis
F 5. Roger Copeland
6. Anna Hunt
47,z _ 70 Pauline Mistarka
Program Director
;y
9. Reverend Seavers
10, Program Director
11. Program Director
12. Bob White
13. Isabelle Mason
14. Betty Ann Gould
MORSE i SACKS 15. Richard W. Tracy
ATTORNEYS AT LAW
31 TRUMBULL ROAD
ORTNAMPTON.MASS.
01060
4419)W1247 #!t
F t k
e
}
2. Westhampton Congregational Church Schoolf
North Road ; c
Westhampton, Massachusetts
4
p
3. Westhampton Congregational Church Choir i
North Road j p
Westhampton, Massachusetts
MA
4. Leeds Boy Scout Troop
*e c/o Edwin Addis
' Kimball Street
Leeds, Massachusetts
5. Florence Boy Scout Troop 110
, F > c/o Florence Congregational Church
Pine Street
Florence, Massachusetts
6. Day Care Center 4`
c/o Anna Hunt
, Rocky Hill Road
Northampton, Massachusetts
7. Mistarka, Inc.
Westhampton Road
Westhampton, Massachusetts
8. Westhampton Council on Aging
c/o Clarence Holway
Northwest Road
Westhampton, Massachusetts
9, Hatfield Lutheran Church
West Street
Hatfield, Massachusetts
10. Westhampton Church Women's Fellowship
c/o Westhampton Congregational Church
North Road
Westhampton, Massachusetts
11. Westhampton Church Women' s Club
C/o Westhampton Congregational Church
North Road
Westhampton, Massachusetts
12. World War II Veterans
c/o Bob White
Easthampton Road
Westhampton, Massachusetts
MORSE S SACKS
%TTORNEVS AT LAW
li TRUMBULL ROAD
)RTNAMPTON,MASS.
' 01060
1413)5"1267
t
rl'r�
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Superior Court Department' '
Civil Action No. 84-197 ;, ►
MARCIA D. NEHRING and )
NANCY M. BOSTIC, )
Plaintiffs ) ANSWERS OF THE PLAINTIFFS t ,
TO INTERROGATORIES PROPOUNDED .`
VS* ) BY THE DEFENDANT
)
ODESSA, INC. , )
Defendant )
Q.1. Please state your name and address:
A.l. Marcia D. Nehring, 84 North Main Street, Florence,
Massachusetts 01060.
`3
Q.2. For each organization identified in Paragraph 11 of the
ki
Complaint, please state the following:
a. The address of each organization;
b. The name of the member of each organization who was li;E
given specific permission to use the Plaintiffs' property;
is
c. The dates and times each organization was permitted to
use Plaintiffs' property since 1961 ;
d. The number of people using the Plaintiffs' property on
the dates referred to above in 2C; and
e. List any compensation that the Plaintiffs or their
predecessors-in-title received as a result of granting permission
to use the Plaintiffs' property.
A.2. The Plaintiffs do not have records to indicate what
organizations were permitted to use their property, and on what
dates, between 1961 and 1980. Because the Plaintiffs only
possess such records for the years 1981 through 1984, the
following answers to subparts a. , b. , c. and d. of this
interrogatory are limited to the time period between January,
1981 and December, 1984. However, the Plaintiffs state that an
equal or greater number of groups and organizations similarly
used their property, and said dirt road, between the years of
1961 and 1981. The following answers are based upon calendar
records which may not be complete as to every organization that
was permitted to use the property, and every instance of use,
between 1981 and the present.
IORSE A SACKS a. 1. Gateway Regional High School
TRUMBBAT LAW
MB Li ttlevi lle Road
iRUULL ROAD �
THAMPTON,MASS. Huntington, MA
01"o `
(413)U44207
6
r .a
w
14
,
i"
es
� s
� Anypne else that you remember?
A Everybody else, yes, the same.
"4 Q Do you remember anyone ' s name that used it in 1967?
S A. ;rNo. It was all for twenty years the same thing.
0. , t ;Let' s look at 1968 ; do you remember anyone else besides
. `the Aamons and the Holts that used it?
�. ' NOw
S .t
Let's` look. 1969 ; do you remember anyone else besides
the Damons and the Holts, that ..used it?
K
,A `�la, that is not--;-no,.
Q Let' s look at 1970 ; anvone besides the pamons and the
Holes that used it?
A, All the same.
You don 't remember anyone else?
No. , g f.
In 1971?
to A. Well lot' s .churches and lots °of private picnics .
!"y Q. So starting in 1971, you remember that there were churches
A. , Like Westhampton Church started, I think, probably 162 .
�. Oh. So you do remember that the Westhampton Church
used it in ' 62?
,
A. , Yes. ..
Lt t
IW,
" Q Did the Westhampton Church use it in 163?
` k 2
Vk
k x x
t
13
r A, rI. kc' I say, there is a lot of people, just offhand, I
don 't know, no.
Do you want to take a little bit of time to think about
." sir?
-,Pq
A Nqt. really.
n. So as far as you know, you can remember right now only
tithe Damons and the Bolts that used it?
MR. FITZ-GIBBON : Objection. f
a ,•�y.
A Yes.
'q1) 0• In 1966? ;
a k��.' A♦S Same.• ,
a . 'The same. The Damons used it?
n. The Hol'ts used it?
f
A. �: Yes.
n ` , And who -else used it? .
A ;Everybody else. The same.
• ,i Can you give me any other names that you `recall in 1966? I#
A. ° No.
,r
,Ft 0 In 1967?
same.
"The Damons used it?
f, rThe Holts used fit'
5y. '
t
G `
1
f
any other names?
And can you give me
} 2 ,;A. I don't remember who it was. It was lots and lots of
people. ;jf
How a19.64?
' E A ° All the same. v*
a X48
;. Po !`
you know that the pamons used it?
. Y �Y ,, they did
�d aj' n
u
. � You saw 'them use it?
A. I was there'.
Y
4 k
And the Holts?
A. Yes.
(� = And who else?
t
k.a A. Lots of people,
14 You don 't have any other names?
t -
15 A• I don 't.
le You don't remember any other individuals using that?
17. A. There was all kinds of people there time after time after
k
time.
rt*
Let' s look at 1965.
19 i
a , A. All the same.
w E` �i
Do you have any names?
F t
A No.
` Q You don 't remember anyone else ' s name, but the Damons
f
� and the Holts?
k� 24
a
AU§
s
.,
«I Holes.
�,. �;ihere do they live?
4
A, Westhampton.
a
h. L�Tha else^
f .
x k��
$ ' A Oh gosh, the :.aaas dozens and dozens of ;people up
there. Z don' t remember everybody. .�
{ n, so in 1962 , you have a present recollection of having
the Damons and the Holts on your property?
' A Oh, _yes.
t� R
�. Was that' in June of 1962 or July of 1962?
A, : Swizraning time.
So was that June of 162 or ,duly of 162?
A :It don't make no difference, it' s swimming time.
r
4 " Let's look at 1963; did you allow anyone to use your ;
Fprpperty in 1963? S p
k ncl' he did you have use it? r,
he same bunch
4
X
PI you had. the Damons use it?
1y
A,:Yes R'a ;.
;. .;
�, . And the Ifolts use it?
4k�� Y
. QA `AAnyone else? ,
A, pots of people.
s
p�w
j 10
r,f tt
no
n. Do you remember how much it cost you to pull that in?
� s
r
}
A. t4 wife had the .bill somewhere.
2. 4t1,Did you have anyone use the property in 1961 besides you? J
11 people for picnics and swimming.
* Tdas this before you had the pond or after the pond was in.
after the pond was in.
? v z
nd it, took s4 months to do all the renovating and
improvements the property?
ab 1
I " $ , �' ? Y
i
#iT wasn't until all the work was, done) that you .started
. - inVitinq people on the property?
Xes".
:�$O let's look at 1962 . Who did you allow to go onto your
3r A ,
' property in 1962?
' Pr;iends , relatives, neighbors .
}
!7. n. Give me some games of your friends you allowed on the loll
r
propety.
l r,
w.
�1�� A. � Damons.
{
30 Where do they live?
A. Next door.
WA
0.
Can you give me that address?
} � .
to
R N ,a j . Next door to the pond.
}TT v 6 k f. off.
'Who else besides the Damons used it in 1962?
{ f ` . .
a
3wx 9 ?
s
n* Who but in the culverts?
Y` 91
� $x 1 did.,
r
x",,i Did anyone help you?
#h
A,
e:. .;; Do you know how much it cost you to put. in the culverts? '
:;A, =`No, because they were secondhand.
Q, k
Do you have any records of purchasing any of the material
for the culverts?
Did you authorize the utility company to put a utility
service on that right-of-way?
� #k
A Yes.
j n '±x V.Tho did you call?
f
= � A IJhat s that.
(� Who did you call to pull in the utility service?
IVell the Electric Light Company, Mass. Electric.
po. you 'remember who you spoke to?
d
0"AN�� Do you4 know when you called them in?
t p
£' F
'x N., YOU have no recollection?
r No,' I don 't.
Do you remember the year?
A {r It is probably on a paper somewhere, but I don ' t remember,
h
*_ .
;b jj
2
.�.' A� NO
a
pid yp get any.'-permits.?
" A Not for the pond, no, �
q, �'Ihat about the picnic area?'
, £ Thaabcaut th„e b�.ildg it' t °n: �auppe X�
M 4` no building pp , •� � f
q^.• +b t
never eaeived. any, id p
4 (� /.�*;
S 4 ,' pe
rm} s or,
permits from the City of Northampton tondo any of the r
m
ork 'up there?
, 4jWitness shak zg head '
r,1.
' T,I S ..that Np u w,t
In them days ou didn' t need permits lake yob do today. �4
1, ments pn the culvert
Did you make any improve , the road
that leads into the property.
x,
r }fir A. Yes .
t
n 11hat kind of improvements? �
{
r z t3 ought in gravel and ,put in two culverts .
a ,
fs
when did you put in the two culverts? ►
Sjhpn we first started working up there.
' of 1962?
Tht �rquld be in the spring j
r
"Vii �' � h'�i� � �$ b t£ ✓� `.do- " _ 1'
v .
Yt
fvn
4",
r �
4;d',it have been in the summertime?
" a kNa;
rx
It w in the spring.
� � * fit" was in the spring. So is it fair to say that in the
r
spring of 1961 you started digging the pond; is that
z" 4
a
'Yes V�
kqw did it take you to lauilc the pond? ;
aA . 'don ' t know.
.T
probablt �vn .sip months.
Vgf �
Y .'T i months . So it took yqt ix months st to buil d
ju
1!.'4: a.Y Y jr."s' in"
N
14ho helped you: do the improvements
picn�.c �reare P Y
f � dour ,propety?
' a
A onslse?
3'e tt
fight° kind of w�ark did your,wife do?
brush, burn brush,
you keep records :of,,,, hqw much it costed. .you to make
, * the imprgvements to the property?
;�11� You have +no � �dS of any„`kinds Qf GOSt .fQr ` it?
1 fi s Tyr
y g<
>�
� . , ,�• `I don 't remember.
n• Was it prior to ;,1950?
A. Yes, before.
"When did you own the property?
A.3 Oh, , T don 't know if it was 1959 or 160, I don ' t know.
�.` J)o you have a deed?
Yes,
A '
; 0 � Did you do any improvements on the property after you
owned the property?
1Q %,' A: On the land we owned?
11, n, On the land you owned?
F !' A.. Yes
1 n A And what were those improvements?
w 1 1 A x We,, made a pond, roads .
$
y' �. ; anything else? # '
M-i
1•,
16 A. Picnic area.
;._anything else?
Its A. I don' t remember.
When did you start building the pond on the property?
.20 A. ' 61.
?I What months was that?
,Z don 't know. s ,
�; �°• Would it have been in the winter time?
�4,�_ No
4
t
Aga �
zP, 5
�4
You stopped working for him in 1951?
i ; f
A. Yes . r
n. Was the property in Westhampton used as .pasture land . in �
� � l9 51?
1
1It. FTTZ-rIBBON: a . Westhampton? r
�, esthamton Road?
Yes..
H e used it for a lot of years , I don' t know. 40 years-- >�
TMV
don ' t amber. #
^/ T t 6
r 950 was the land used pasture fQr, calves and cows. p
4 .
Qzz' t know. w>
� �� ttdo 't remember? } . E:
A'nhtr.,' -
a, ti Z f Ya T F{{yy
a �
,H4Wcbou `.1949? r
o-
X�
We ,was all in them fw, years,
know when he stopped using .the pasture land, the E
f"
sand in Westhampton for pasture land?
�a don t know.
Y
MR. I'TT2-GI ' : Can o :pff the record>
BBO
N we a
¢ y (niscuVssion' held off the record, ) '
d
PIR. DEFAZIO: Any time T say "in Westhampton" , �
fit! .k?.r ,..
«mot a.t .should be "off Westhampton Road. '"
s _ .And the pasture land, you don 't know when they stopped
sing it for pasture land?
r = '
k t� 7 aat e�
: Y �
q t+
-
� Y
RIYI
p x Route 66? k
cat` it on the property o'ff Route
1.
Wm: �
When wain ou inv u
4� y 41 ed x in outtin wood,, ,
` h time of year? a 1.
A Winter. And _delivered thrpugh the summer.: .F
#�. ,
arS Were you working in the winter of 1950 cutting wood up
S
r there?
:.Yes, I- mould 'say so, `
F
n� Who were you working with that year*>, �r
Albert Ch a 112;�,,,. °
Aid you work with anyone else?
A. IVell there was two or three othgr people, but they are ►
{
dead and gone now
is Who would the be?
5 = ,Tellsfor, Bushey(phonetic) ,.
MR. FITZ-GIBBON: How do you spell that? f
u .
THE WITNESS : I don ' t know how you sell that.
p
before Tellsfor Bushey?
R
`keel R there was a little fellow they used 'to call Man in
?"oon, but he was a French fellow. . ' I don ' t know really
g ame, but he worked with us for mfr father-in-law,
�t n
qd You, work in ] 49 cptting wtc d?
four my father in-law for: 15t4
years,' until '' 51,
' d e was -in the ,wood business
f .J
IQN
p 1..
x '
. 1, . �— -I I I---,- , 1, i
3
�I'Wllqt kind of employment are you involved in?
AlTi, We thq�jast of mine was construction.
0 Did' you own .your own business?
110"
Yes.
u own that business?
And how long did yo
A. Well of course I 've been retired now five years , but
ow'. bly � 30, 35' years.
on' t kri proba
5 what year your business?
Q did you, start,
5
strpction
pf work ,your con
describe the �,kind
OPPI �:You,
Psf yould bq�,,,j h?,
.'0 zi,6',
A A"
'MU
r
11do4f=l Pik
%
".r, 7.1
''IMP
M it,�
7 1 1 "
i� , bus-xness we rq you n7
N
% hat I in<
QT
9 5 1,
w
f or my,, f ather in
oried.
Iho_was , that?
`.':'A "",��zed Cha
�let.
;ed Challet?
R
ad ji n Easthampton'>
worked on the farm that he ',
:PO you
2
No
in Northampton
And
what-.kind of work did you d,o . for him?
cut wood, hayed, chickens, cows .
A. Well,
f
rty off o
er work cutting wood on the prope
Did you ev
M:
2 �
a
. S T I P U ,L A T I 0 N S
^ks
AV
v ' It is agreed .by and between the parties that the
,.--A" reading, signing and filing of the deposition are waived;
% N 9
tha t all objections,` except -.objections as to form v
nd
$, .. ,y+•, ,...;t . ,
r
d;
ogre reserved until the time of trial
PAUL ^OMASTA having been duly sworn testifies as follows :
EX V.1 I NAT ION BY DAR. DEPAZIO:
s n. Would you please state your name?
d� i
I( A. Paul Omasta, Jr.
How old are you, sir?
be 67 in October.
There were you born?
« at
field.
5 Royou currently live in Hatfield?
1 , A} I lived in Hatfield for, well, probably three years or
went to Easthampton and then to Northampton.
fg # did, you go; to school in Ea thamoton?
few ,years, grammar school.
' ,$
« ;*, t
Rx
7�ou went to gramm ar school? ,
vp 1,
Q "4 ° tad you go to school afterp that? k,
h �
little biut n Northampton.
4^
a
vet.you ever been , tk. ser,vice? t
f
F
C 0 M kl .0 N W E A L T Ii O .F4 M A S S A C Ii U S E T T S
— — — — _ — — — — — — — — — — — —
IiAbtPSIITRE. SS SUPERIOR COURT DIVISIOI
OP TIIE TRIAL COURT
KARCIA U. NEHRINO and
NANCY 'M. BOSTIC,
1"antiffs
a
y> x � vs. ) NO, 84-197
r ODSSSA, INC )
y <° Defendant )
E ; DEPOSITION of PAUL WIASTA, taken before Gail A. Trudeau, " ?
*4' Notary Public-Stenographer, pursuant to Rule" 30 of the '
Massachusetts Rules of Civil Procedure, at the offices of
' Joseph J. Defazio, 231 Main Street, Northampton, M�.A on July 6
x.987 at 9 : 15 a.m.
APPEARANCES
y For the Plaintiffs; `
w ay John H. Fitz-Gibbon, Esc{
31 Trumbull Road
:Northampton, MA
For, the Defendant:
i Joseph J. Defazio, Escx. '
` X31 Main Street
' t' Northampton, MA
Also Present:
r,
r"
ITT lliam 11azuch
Gail A. Trudeau
Registered Professional Peporter � x
_ TRUDEAU & TRUDEA[T
Court Reporters
P.O. Box 11
So. Deerfield, Mass. 01373
(413) 665-7900
J
1 Q. Do you recall the first time you saw that letter?
2 A. Not offhand.
e
3 Q. I notice that at least from the face of it, there is
r, 4 no indication that a copy was sent to you. `
5 A. Yes.
R, 6 Q Do you know if you received a copy in the mail? #
'. 7 A. I can't even be sure of that.
8 Q. Do you know if you reviewed the letter prior to its
9 being sent .out?
. ,.1-10 A. I would say no.
. 111 Q. You saw it after it was sent out?
, . 12 A. Yes .
�y 113 Q. Did you ever have any conversation with a Mr . Bridgeman?
s,
{. 1 l 4 A. No. , k< .
its Q. And you know of no conversation that Paul Omasta may have � e
k hry
116 had with a Mr. Bridgeman?
M, 117 A. I can 't say.
+J8 MR. FITZ-GIBBON : That ' s all I have.
119 (The deposition then concluded. )
'.20
`_22 fi t[tf
4: }}
23 1
� i
124 �s
NWAMUM
l
Y
And on June 4th of 1981 , can a you tell me who used the
i
premises?
Ffl 43 A. The Westhampton Church Choir
h y"4 Q. Can you tell me what kind of vehicles were used to go on
the road?
• _ A,; 6 A. Motor vehicles, cars ,
7 52., Do you know how many cars?
.. i g A. I would have to say three or four. ;]
9 Q. Were you on the premises on June 4th?
i
Ak •
10 A. I 'm a member of the Choir. �
' , Q, June 14th?
Were you on the premises on `
4
" 12 A. Yes.
tR h
la Q•
And on June 15th? �
�4 A. For a short while.
15 MR. DEFAZIO: I have no further questions , Y
� N 16 MR. FITZ-GIBBON : Just a couple.
.c a
,
. 17 Can I see that, please?
a x,
'F lg MR. DEFAZIO: Sure,
xt,
19 EXAMINATION BY MR. FITZ-GIBBON: G
20 Ms . Sullivan, referring you to--I guess this has been
21 marked Exhibit 1 in the prior deposition--
22 MR. FITZ-GIBBON : And it will be Exhibit l
' 23 for this deposition, too?
' �- 24 MR. DEFAZIO: Yes . +
loll
low
11
• F j
111)' S; •�!
A. And watch them go in, no.
2 Q• According to your Answers to Interrogatories , on June
3 15th, 1981, you allowed an organization to use the
f , I
{ 4 property; correct?
l
5 A. If that's what it states there.
,, + .
b Q. Yes, that' s what . it states there. Do you know which
§ 7 agency used it on June 15th?
E :
d }
>p 8 A. No.
S
9 Q. Do you know what agency used the property on June 14 , 19 '
10 A. Not,*Vithout reviewing my records .
k nl Q. Well why don' t you review the Answers to your Interrogate lcl
1 and see if that might refresh your recollection? #
�3 A. Okay.
x.14 Q Does that help you?
r, ,R `15 A:� Yes.
A�
16 Do you know who used the property on June 15th of 1981
s ,
2 �ff
3. 17 A. Gateway Regional.
2 f
Okay. On June 14th?
1 19 A. Westhampton Church.
v ; 20 Q. Now how many cars or buses went on the property on June;';
f 21 15th of 1981?
i
r 22 A. Three buses i
+
23 Three buses . About how many people would there be?
L
24 A. Three bus fulls .
i3
s
0
A_
elf
(Answers to Interrogatories
2 marked as Exhibit 2 for ID.) EF
3 Q. I' ll show you this Exhibit 2 for Identification, and ask
r;
t 4 you whether youare familiar with that document?
S A. N^ Yes.
6 e Q. Did you assist ip answering the questions? 4 x
a.f `
7 A.
Yes. .
i 8 In this Exhibit, in Question and (Answer Numberl 2 , there
r., 9 is a list of organizations that kiave psed the property
� n
10 A. Yes. g
1
11 Q. --the right-of way to get to the property?
12 A. Yes .
13 Q, Is that a fairly accurate representation of the number ++
1 y t
14 of agencies that have used your property? ; f
15 A. In this time period?
I
14 Yes,
17 A. Yes,
Are you on the premises when each of these agencies use
, }
19 the property?
. 20 A. Generally .
X21 , Do you allow them to go on? Do you review them before
they enter the premises?
,4
Do I review them? Do I ;stand by the road?
4 Q Stand by the road? y i '
x,Ei, l
r t
10
ti
1 A. Excuse me, say that again.
2 Q. You assumed that everything that was in that letter that
Y
3 was written by your attorney was true?
4 MR. F'ITZ-GIBBON : , Objection.
5 A. Yes.
6 Q. Do you know a Mr. Richard Busher?
7 A. Yes.
g Q. How do you know him?
q A. He owned the property that the Defendant currently owns .
10 Q. Did you or your husband have any conversations with
11 Mr. Richard Busher concerning the right-of-way?
1 A. No. f
13 Q. Never did?
i 14 A. No.
I5 Q. Did Mr. Richard Busher know that youwere using the
i 16 property, the right-of-way?
17 A. Yes.
X18 Q. Did he ever give you permission?
1
I
19 A. No.
I
20 MR. DEF'AZIO: Maybe we should mark this for
2.1 identification.
22 (4 page document previously marked
23 in Deposition of Paul Omasta as
24 1 for ID, remarked in this deposit' ic)
j '
kyY s
v
1 MR. FITZ-GIBBON; Objection. [What you know, � t{
w ;
not what you assume.
` k r
Well I don't know then. f `�
iV
. 'y- Nell I would like you to read number 3 , please.
6
Yes.
s ' Do you know whether item number 3 on Exhibit 1 for �
Identification is true?
MR. FITZ-GIBBON. objection. You may answer.
A You can answer it.
A. Again, I assume it is, I don 't know. I can 't say what f
Paul Omasta did or did not- do.
µ `}y `y� Do you know if Farley Sacks had any ;conversations with
r13 Paul Omasta concerning the right-of-way?
A. I don 't know that,
14 ,
Did Harley Sacks represent you at the time that he wrote �
? that letter in 1984?
I t A. Yes.
4 *
Q. And yousaw this letter that he wrote for you, on your +e
19 behalf? }
20 A. Yes. k
Q. Did you object to anything that was in this letter?
x ;
d
A. I had no reason to.
22 �
13 Q. So you assumed everything in thatletter was true?
"4 # ,
24 MR. FITZ-GIBBON : Objection. You can answer.
p h
Are any, drugs.' consumed on the premises?
ttf`
PAIR. FITZ-GIBBON: Objection. Don't answer that
�3
question.
4 Q. Are there bands that play pn the premises?
A. I have seen a bind there.
,5
h.�r 6 Q. Did you hear it play? r.
..r
A. Yes.
�'. Q. Do you know if there are any fireworks on the premises?
.,: 8 ,
9 A. I have never been there when there were fireworks,
s ;
10 Q. Have you ever heard that there were fireworks on the
premises?
�. A. No,
J 2
> ,!
I would like to show you this Exhibit 1 for Identificatic
aand ask you whether you have ever seen a copy of this 3
1 16'r that was written by Harley Sacks?
A. Yes, ,I believe so.
Q. Was Harley Sackp your attorney at the tiem? 1r0
A. Yes
Q.
And.did you give IiarleySacks *'the information that be
' placed in this letter9
'a 20
t A. No, .'
Do you know who gave Harley Sacks the information that {
22
# 23 he placed in this letter? T'
� 24 A. From what I 'm reading here, would assume--
p
4,
e, �e
A. To my understanding my cousin has an annual party where",
2 - he".;invites friends that he has met through the years,
{ ! 3 whether it be high school or{.college or through work.
y <J 4 And we have this big--I guess you would call it a
' ! S reunion of all these people. To my knowledge it ' s
usually two or three lays, And these people come; in f rom
7 as far away as Maine, Colorodo, Florida, Washington D.C .
't g and they camp and stay for the duration.
t; 9 Q. Did Paul Omasta have the party last June? `
10 MR. FITZ-GIBPON,: Paul Omasta?
, 11
Q. I 'm sorry, John .Omasta?
r,': m
�.. 12 A. Yes, °
f
13 Q. Did he have it the year before that?
t 14 A. Yes. ;.
r`.
15 Q. Do you know how many years John Omasta has had that pa ;y?
� r
y y. 16 A. Twelve` fi
17 Q• Twelve years?
; fig. �,, '• i
A_
18 A. Yes,
19 Q. Do you know how old John is? � +
20 A. He 's 37. .
xf
.. , ' 21 Q• Have you ever attended these parties?
t t
44
t 22 A Yes .
7 Q Is there alcohol consumed on the remises'
44 23, p
rr , 24 A. Yes. ,
P
' e
N
d s *�, owned the property, that you have denied access to the
iM f M'i'
property? r'
A
Yes. -
4
And who did you deny access to?
A. The Unicorn Pub in Easthampton wanted to have an outing
r 6 there. I 'm trying to think. There have been people who
_ s
7 have called me saying that they are a friend of a friend
^t 8 and would like an outing. I can 't say that there is 'a
:` " 9 specific club name associated with them, it' s just a .
t 10� group of people that say, "We would like a party there
11 Q. Anyone else that you remember that you denied access to? d
12 A; Not specifically. '
j' 13 Q,' There was supposed to be a family get-together--
14! A. Excuse me?
15 Q. There was supposed to be a family weekend party on the j
Aix 16 property a few wesks ago; isn' t that true?
Y� -17 A. Yes
t r
I believe it was the end of June?
x � .
19 A Yes. ,
p 0'
,.
: 1p Whg rganized that par
ip
' 21 A Day cousin
22 Q Who is that b r{
4f:,
23 ,john P. Omas ta.: "
p
: x y °
24 Cad, ,you describe. what, kind 'o f ,garty that was supposed t��` b
Wst1 1 J
on what organization within the church.
F.
�.
'..' Q. No he Hatfield Lutheran Church, how did you give them
,,� . 1
permission to use the property?
' .
p.
A. The Minister• called me and asked if they could use it
And the Fjorence .Boy Scouts, ,how did you give pern�issio _?
3{h "r fore them to use the property? r
V `
A. The Troop Master contacted me and asked me, ;
And the Gateway, Regional High..Schoo]
A. Mr. Roland Damon contacted m4�,
E.. �.
r
Do ;you ev r contact an_ organi ation itself and dive the
1 10 �
�
gt 1 permission to use it, or 4S ,.t usually--
t V V Aft .. Sit
1,2 A. They come to me
who '• �pn. �, ..
a 13 Q. And you decide,, y ou want
rW
h
� ` 14 A. (witness nodding. )
Have you ever denied permission?
s
P_
A. yes . °.
°
16
' i7 Q. Who have you denied permission to use the property?
^.r
18
A. In that year or just in the
�• 19
Q. In that year.
+• R. FITZ-GIBBON; Are we talking 1981?
20 M
` w MR. DEFAZIO; Yes., --
A. I can't be sure who denied because I don 't keep tri Q
,R ,
of who I denied, only who I allowed. 1.
VY
2 Q, Do you have any recollection at any time that you h ave
t
Y
,Yp D k'* � " °' 3 •'n'r Res". rc C
4 ;
rk t.
R .
Q. In the summer of 1981, besides you and your immediate
.-
ou allow^ anyone. else to use the property? ,.
family, did y
t
f
: 3 A. Yes. f
>. q Q;' Who did you allow �to use the property? .n
A. I allowe certain clubs and organizations to come up 4
s
b
there. ;. r
k .f` 7 _Q. And give me the names of the clubs that you allowed up `
yg
8 there.
E {k
yps eft
^ 9 A. Without
looking at these records--do you want me to guess r{
t t' who was up there in 1981? {
s . �o the best of your recollection? e 't
MR. FITZ-GIBBON: To the best of your recollect ' oK� f
12 R "
TN
ional Church, the
would say the Westhampton Congregat
e ;
Hatfield Lutheran Church, the Florence Boy Scout Troop
14 .� '
Gateway Regional High Sc
hool• And those stick out in +
. r
16 �`° a my min �
. t Westhampton Congrega- �
!7 jf' ;How did you give permission tra he
x � _ tional Church- to 90 onto yDUr property?
f
` I was contacted and asked f they ,could use tine facility
Ij
0 1d, "
and I said, "Yes they G u 4
21 Wh o contacted you?
Depending on the group. It could have been the Sunday
� tendent, it could have been the::secretary
23 School Superi.n
r „ 24 of the Women's f4issionary Union., You know, depending
1
q -
1
and Jack August Restaurant.
' And you own some property off Westhampton Road in
ANorthampton?
,
y A: YesY t
} a
end for t sake a this deposition, let's call it the 4 �x
" ;.. ,
4masta property.
4 �..
•" F i
Sure.
t
" r how long you owned the property?
Since 1981. .
IN Do you remember what month in 1981 you owned it? 4
A. I believe it was in the fall . I can ' t say what month
12 Q, Do you go up to that property?
1 � I try to.
14 What do you use that property for?
s s
4'
15 'A, Enjoyment, recreational purposes . .{ ,
k
;f.>`
N 16 What kind of recreational purposes?,
17 A Swimming, picnics, athletics .
1{{ • �
Mrµ 1
1$ Q. Do you allow other people to use the property too.? .,
iW
19 }A. Yes.
m ; 24
Q. Do you have records of people using that property? °'
A. How do you mean "records"?
21
�& 22 A, Dates, times , different kinds of people who would be
23 using the property?
A, Yes.
K 3} S F
s> j
4
9 �
k:
r.� C O M D I O N W E A L T H O F M A S S A C H U S E T T S
° HAMPSHIRE, SS SUPERIOR COURT DIVISION
z.± OF THE TRIAL COURT s
MARCIA D. NEHRING and ) ,,
>' NANCY M. BOSTIC,
Plaintiffs' }
VS. ) NO. 84-197
ODESSA, INC. , }
Defendant )
;. . DEPOSITION of Marcia D. Sullivan, taken before Gail
' A. Trudeau, Notary Public-Stenographer, pursuant to Rule 30
of the Massachusetts Rules of Civil Procedure, at the p
offices of Joseph J. ,Defazio, 231 Main Street, Northampton, R
�S
, MA on July 6, 1987 at 9 : 45 .
APPEARANCES:
For the Plaintiff:
John H. Fitz-Gibbon, Esq.
31 Trumbull, Road_ r
Northampton MA
For the Defendant:
1
Joseph J. Defazio, Esq.
"
' 231 Plain Street
t, .
Northampton, MA
fA] so Present '
k � Willia azuch;. ;
z
x Gail A. Trudeau
rt x{ Registered Professional Reporter
1
TRUDEAU & TRUDEAU
Court Reporters
P.O. Box 11
$o. Deerfield, Mass. 01373
(413) 665-7900
- - -
7
I , GAIL A. TRUDEAU, a notary public within and for
the Commonwealth of Massachusetts , do certify that there
a came before me on the 6th day of July , 1987 , at the
4 offices of Joseph Defazio, 231 Main Street, Northampton,
a 5 Massachusetts, the following-named person, to wit: MARK
, ` ! b J. SULLIVAN, who was by me duly sworn to testify to the FP
7 truth and nothing but the truth of his knowledge touching
IV, -.
kand concerning the matters in controversy in this cause;.
9 ., that she was thereupon examined upon her oath and her
' 10 examination reduced to writing by me; and it is a true
_�,
. 9 11 , and accurate transcript of the testimony given by the
witness to the best of my knowledge and ability.
1
X13 I further certify that I am not a relative or
14 employee our counsel or attorney for any of the parties ,
4
15 or a relative or employee of such counsel or attorney ,
F�
16 nor am I financially or otherwise interested in the
17 outcome of the action.
s
1
lti Witness my hand and official seal this 6th day i
19 of July, 1987 .
i
0
,1 NOTARY PUBLIC .
My commission expires
September 18, 1987
k 23
' 24
.w.x
}
"
K
}
I A. No, I didn' t.
2 Q. How often do you go up to that property?
` 3 A. During the summer, perhaps every day, five to seven
q days a week.
S Q. When you go up on that property, do you see people coming
1 �
6 in and out of your wife ' s property?
}
7 MR. FITZ-GIBBON: You are talking about
s currently?
q MR. DEFAZIO: Yes .
10 A. Currently, no.
11 Q. What about last summer?
12 A. Last summer, perhaps if it was an organized party that
13 asked permission_ for it.
14 Q. Did you ever remove anybody from your property because x
they didn' t have authorization to be there?
X16 A. _ I haven' t. Excuse me, yes we have asked people to leave ,
� y
17 yes, people that came downs.
IK Q. Do you know when that was?
g19 A. Over the past couple of years, not specific dates , just
somebody driving in and you say, "What are you doing here
� It' s private property. " And they would turn around and
§, 22 leave.
23 MR. DEFAZIO: Ieave no further questions. ,
dry. 24 MR. FITZ-GIBBON : Nothing.
}1
`; (The deposition then concluded. )
1 A. Yes.
2 Q. What kind of alcohol?
3 A. Beer.
4 Q. How much beer was consumed?
S A. T really don 't know. It was just he and I were drinking
.I
�. 6 beer at the time.
Y 7* Q. You didn' t see anyone on the right-of-way or near the
R building site?
9 A. No.
r 10 Q. Did you see how many fires were started? '
11 A. I heard two. And it looks--apparently there were two. 3,
12 Q. Did you know that there was a chain-link fence that was
13 to be erected on or near Route 66?
14 A. Last Sunday I saw a fence post there .
IS Q. Did you know that the fence post is no longer--
16 A. Yes. I was recently--yes , the other day when we went
17 up there.
18 Q. Did you notice what condition the fence post is in now?
°~
19 A. It was laying on its side.
20 Q. Did you investigate at all?
t< 21 A. I didn ' t.
22 Q. You didn 't cut that fence post?
23 A. No, I didn ' t.
24 Q. And you didn ' t start the fire that was on the--
,.. ,.: '
s
4
A. Yes . `
2 Q. --of the fire?
3 A. Yes .
4 Q. Did you see anyone who was in or around the building site.
r
5 A. No, I didn ' t. I ' ll tell you what I told the police. We
6 went up there 7 : 00 or 7 : 30--
MR. FITZ-GIBBON: Objection. Just answer the
g question. ,
E
9 A. No, I didn' t.
t
10 Q. Would you tell me what you told the police?
A. Just that I hadn' t seen anything. My buddy came down
12 7 : 00 , ;:r'T,`30 with the tents . We set them up and had
13 a party, myself, his daughter--or excuse me, his son
4
I
14 and our step-daughter. t
iy S Q. How many people were on your property at the time of }}
R,
16 the fire?
. .
a 17 A. At the time--I 'm not even sure what the time of the fire
{
i `
was. Five.
r
'q 19 Q. Around five?
,0 A. There was five people.
A` ZI Q, There were five people and the people were tenting up
Y
22 there?
23 A. Yes .
24 Q
Was there alcohol being consumed?
'R k
thy;.♦ �
f
rs '
f
1 Q. Are you familiar with the chain-link fence--take that
t
2 A' back--with a chain that is across the right-of-way? t
� A. Now or before?
4 Q. Now.
V �
5 ''`A. Now, yes, I am.
� 4 6 Q. Did you ever remove the chain? #
7 A. Yes , I did.
8 Q. when did you remove it? '
9 A. Oh, approximately two or three weeks ago . I don 't
10 remember specifically.
11 Q. Why did you remove the chain?
i 12 A. Because the owner asked me to.
13 Q Who was the owner?
14 A. Marcia Sullivan.
IS Q. Do you know whether there was a lock on that chain when
16 you removed it?
17 A. Not when I removed it.
18 Q. Did you ever remove any or cut any lock that was attached
+k
' 19 to that chain? R
20 A. I did not.
.h 21 Q. Do you know that there was a couple of fires up on the
22 premises a few weeks ago?
23 A. Yes .
ri
24 Q, Were you on your property at the time
P4'
i
3S I
a
S T I P U L A T I O N S
2 It is agreed by and between the parties that the
3 reading, signing and filing of the deposition are waived ,
4 and that all objections , except objections as to form,
5 are reserved until the time of trial .
6
7 Mark J. Sullivan having been duly sworn testifies as follows :
8 EXA14INATION BY MR. DEFAZIO:
9 Q. Would you state your name and address , please?
10 A Mark J. Sullivan, 84 North Main Street, Florence . � 1
11 Q. And you are related to Marcia Sullivan?
A. She 's my wife.
13 You are familiar with the property off Westhampton Road
14 in Northampton?
15 A. Yes , I am.
16 Q. What kind of familiarity do you have with that property?
,T 17 A. The last ten or twelve years I 've been using it as a
18 friend and now it is my wife. {
19 Q. How do you use that property?
10 A. Pretty much recreational, swimming, camping type of thing .
21 Q. Do you authorize anybody to go on the property?
22 A. I personally don ' t, no.
23 Q. Who authorizes anyone to go on the property?
24 A. My wife, Marcia, or her sister.
i $
$ ti
Fiba.
C 0 M M 0 N W E A L T Ii O F M A S S A C H U S E T T S
q'` e — — — — — — — —. — — — — — — — — — — — — — — — — —
HAMPSHIRE, SS SUPERIOR COURT DIVISION
" OF TIIE TRIAL COURT
MARCIA D. NEHRING and )
NANCY M. BOSTIC,
K Plaintiffs ) r.
VS. ) NO. 84-1.97
ODESSA, INC. , )
x Defendant )
DEPOSITION of Mark J. Sullivan, taken before Gail A. Trudeau
Notary Public-Stenographer, pursuant to Rule 30 of the
Massachusetts Rules of Civil Procedure, at the offices of
Joseph J. Defazio, 231 Main Street, Northampton. , MA on July
6 , 19$7 ,at 10 :00 p.m. `
t
APPEARANCES :
For the Plaintiffs :
` John H. Fitz-Gibbon, Esq.
31 Trumbull Road
Northampton, MA
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For the Defendant:
Joseph J. Defazio, Esq.
231 Main Street v
i Northampton, MA
Also Present:
' William Mazuch
` ail T�udeau
Registered Professional Re4orter
TRUDEAU & TRUDEAU
Court Reporters t z
•, ' �r . P.O. Box 11
So. Deerfield, Mass. 01373
(413) 666-7900
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