Legal Advertisements - Week of November 7, 2024
COMMONWEALTH OF MASSACHUSETTS
PLYMOUTH SS PROBATE COURT
Docket No. PL24E0036PP
To: John L. Reis of Berkley, in the County of Bristol, and to all other persons interested.
A petition has been presented to said Court by Elizabeth M. Reis of Taunton, in the County of Bristol, representing that she holds as tenant in common an undivided part or share of certain land lying in Wareham, in said County of Plymouth and briefly described as follows:
The land, together with the buildings thereon, in that part of Wareham, Plymouth County, Massachusetts, known as Onset, and being Lot #45 as shown on a plan entitled “Plan of Land of Onset Bay Grove Association, Wareham, Mass., Scale 100’ = 1”, 1878, I.E. Starbuck” recorded with Plymouth. County Registry of Deeds, Plan Book I,
page 58, bounded and described as follows:
NORTHWESTERLY by West Central Avenue, Fifty and no/100 (50.0) feet;
NORTHEASTERLY by Lot #46, Seventy and no/00 (70.0) feet:
SOUTHEASTERLY by Lot #63, Fifty and no/100 (50.0) feet; and
SOUTHWESTERLY by Lot #44, Seventy and no/100 (70.0) feet.
Containing 3,500 square feet according to said plan.
Together with ail rights, privileges and easements connect therewith and subject to restrictions and easements of record and are hereby conveyed subject any building and zoning law requirements which may be in force and applicable.
Property Address: 26 West Central Avenue, Wareham (Onset), MA
setting forth that she desires that all of said land may be sold at private sale for not less than Seven Hundred Thousand and 00/100 dollars and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof.
If you desire to object thereto you or your attorney should file a written appearance in said Court at Plymouth, before ten o’clock in the forenoon on the nineteenth day of November, 2024, the returnday of this citation.
Witness: Edward G. Boyle, III,
First Judge of said court,
this second day of October, 2024
Matthew J. McDonough, Register
THE COMMONWEALTH OF MASSACHUSETTS
CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR INCAPACITATED PERSON PURSUANT TO
G.L. c. 190B, §5-304
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL24P2181GD
In the matter of: Jessica B Braund of Wareham, MA
RESPONDENT: Alleged Incapacitated Person
To the named Respondent and all other interested persons, a petition has been filed by Department of Developmental Services of Middleboro MA in the above captioned matter, alleging that Jessica B Braund is in need of a Guardian and requesting that Paula Barbosa of Falmouth, MA (or some other suitable person) be appointed as Conservator to serve Without Surety on the bond.
The petition asks the court to determine that appointment of a Guardian is necessary and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a request for a certain specific authority.
You have a right to object to this proceeding. If you wish to do so, you, or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return day of 11/19/2024. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the petition. If you fail to file the written appearance by the return date, action may be taken in this matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date.
IMPORTANT NOTICE
The outcome of this proceeding may limit or completely take away the above-named person’s right to make decisions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense.
Witness: Hon. Patrick W. Stanton,
First Justice of this Court
Date: October 21, 2024
Matthew J. McDonough, Register of Probate
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 003691
ORDER OF NOTICE
To:
Heirs, Devisees and Legal Representatives of the Linda Tannahill; Deborah Walker
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):Select Portfolio Servicing, Inc.claiming to have an interest in a Mortgage covering real property in Wareham, numbered 20 Sunset Avenue, given by Linda Tannahill to Mortgage Electronic Registration Systems, Inc., as nominee for Rockland Trust Company, dated May 20, 2010, and recorded in the Plymouth County Registry of Deeds in Book 38559, Page 231, and now held by the Plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.
If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before December 2, 2024, or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.
Witness, Gordon H. Piper, Chief Justice of this Court on October 18, 2024.
Attest:Deborah J. Patterson
Recorder
26385
PUBLIC NOTICE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
Notice of Simplified License Application pursuant to M.G.L. Chapter 91
24-WW-PRE-0111-APP
NOTIFICATION DATE: November 8, 2024
PERMITTEE: Nancy & Dennis Payne
PROJECT SITE ADDRESS: 79 Agawam Lake Shore Drive, Agawam Mill Pond, Wareham, Massachusetts 02538, Plymouth County
Public notice is hereby given of the application for a Chapter 91 Simplified License by Nancy & Dennis Payne to construct/maintain a Residential Dock in the waters of Agawam Mill Pond at 79 Agawam Lake Shore Drive in Wareham, MA (Plymouth County)
The Department will consider all written comments on this Waterways application received by within 30 days of the “Notification Date”. Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). The group of citizens must include at least five citizens who are residents of the municipality in which the proposed project is located.
Project plans for this Waterways application are on file for public viewing electronically, by request to dep.waterways@mass.gov. If you do not have access to email, please leave a voicemail at (617) 292-5929 and you will be contacted with information on alternative options.
It is recommended that public comments be filed electronically with dep.waterways@mass.gov when possible. Alternatively, comments may be mailed to the Waterways Regulation Program at: 1 Winter Street, 5th Floor, Boston, MA 02108.
COMMONWEALTH OF MASSACHUSETTS
LAND COURT DEPARTMENT
TRIAL COURT
Plymouth, SS.
CASE NO. 24 MISC 000190 (DRR)
SHM Onset Bay, LLC v.
John M. Coe, Trustee of the 5 Maple Realty Trust, et. al.
TO: any unknown or unascertained persons with a legally cognizable interest in an unconstructed private right of way, being known as Nanumet Street (a/k/a Campbell Street), shown on a plan entitled “Plan of Land at Nanumet Heights on Onset Bay East Wareham, Mass.” dated August 1908 and recorded with the Plymouth Registry of Deeds in Plan Book 1 at Page 496.
You are hereby notified that a complaint has been filed by the above-named plaintiff in which you are named as an interested party. This complaint concerns a certain parcel of land in Wareham (Onset), Plymouth County, in said Commonwealth, being known as Nanumet Street (a/k/a Campbell Street), an unconstructed private right of way, originally shown on a plan entitled “Plan of Land at Nanumet Heights on Onset Bay East Wareham, Mass.” dated August 1908 and recorded with the Plymouth Registry of Deeds in Plan Book 1 at Page 496. Plaintiff alleges to have acquired title to lots on either side of Campbell Street from Gray Street (f/k/a Union Street) to its intersection with Maple Avenue (f/k/a Maple Street) during a period of time over twenty years ago. Plaintiff alleges that the remaining portion of Campbell Street from Maple Avenue to Onset Bay is occupied by wetland resource areas and the like, and accessible from Maple Avenue. The plaintiff claims that there have been no deed reservations to, or deeded rights in Campbell Street, and therefor, plaintiff claims to have acquired the fee interest in both the burdened and benefited properties of the private way known as Campbell Street.
Plaintiff claims to have openly, notoriously, continually and exclusively occupied and possessed said parcels for a period of more than twenty (20) years of uninterrupted possession and use.
Plaintiff seeks a judgment that they hold title to the unconstructed private way known as Nanumet Street a/k/a Campbell Street from Gray Street to where it intersects the northern side of Maple Avenue free from any claims of the defendants, the plaintiffs having established their title by adverse possession, and such other relief as the Court shall deem appropriate.
This complaint may be examined at the Land Court, Boston, Massachusetts, or online at www.masscourts.org. Information on how to search Land Court dockets is available on the Land Court website: www.mass.gov/how-to/find-a-land-court-case-docket. A copy of said complaint may also be obtained from plaintiff’s attorney.
CASE NO. 24 MISC 000190 (DRR)
If you intend to make any defense, you are hereby required to serve upon the plaintiff’s attorney, Stephen M. Guard, Esq., 1165 Washington Street, Hanover, Massachusetts 02339, an answer to the complaint on or before the ninth day of December, 2024, next, the return day, hereof, and a copy thereof must be filed in this court on or before said day.
If you fail to do so, judgment by default will be taken against you for relief demanded in the complaint. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arise out of the transaction or occurrence that is the subject matter of the plaintiffs’ claim, or you will thereafter be barred from making such claim in any other action.
It is ORDERED that notice be given by publishing a copy of this notice once in the Wareham Week, a newspaper published in Wareham, Plymouth County, in said Commonwealth, at least thirty days before the ninth day of December, 2024.
Witness, Gordon H. Piper, Chief Justice of the Land Court, the twenty-eighth day October, 2024.
Attest: Deborah J. Patterson
Deborah J. Patterson Recorder
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 003770
ORDER OF NOTICE
To: Rachel Boncek
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
U.S. Bank Trust National Association Not In Its Individual Capacity But Solely As Owner Trustee For RCF 2 Acquisition Trust
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 33 Warr Avenue, given by Rachel Boncek to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for LoanDepot.com, LLC DBA Mortgage Master its successors and assigns, dated August 12, 2015, and recorded in Plymouth County Registry of Deeds in Book 45930, Page 222, and now held by the Plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.
If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before 12/09/2024 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.
Witness, Gordon H. Piper, Chief Justice of this Court on 10/25/2024.
Attest:
Deborah J. Patterson
Recorder
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P2546EA
Estate of: Gail P Norcross
Date of Death: February 19, 2024
To all persons interested in the above captioned estate, by Petition of
Petitioner Charlotte L Danielczyk of Barre VT
a Will has been admitted to informal probate.
Charlotte L Danielczyk of Barre VT has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.
The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.
WAREHAM FIRE DISTRICT
FIRE DEPARTMENT
STATION ONE ROOF REPLACEMENT
PROCUREMENT PER M.G.L. CHAPTER 149
INVITATION TO BID
The Wareham Fire District Fire Department is seeking sealed bids for the Station One roof replacement, 273 Main Street Wareham, MA 02571. This procurement is subject to the competitive requirements of M.G.L Chapter 149. Qualified bidders must be DCAMM – certified in “Prime Roofing”. Qualified bidders are requested to submit bids on prescribed forms to the Wareham Fire District Water Department, 2550 Cranberry Highway, Wareham, MA 02571. These bids are due no later than Friday, November 15th, 2024, at 1:00 p.m. The bids will be opened and read publicly at 1:00 p.m. All bids shall be sealed and clearly marked “Station One Roof Replacement.” Specifications, contractor qualifications, prevailing wage rates, bid documents and bid forms may be obtained Monday through Friday 7:30 a.m.-4:00 p.m. at the Wareham Fire District Water Department Office. You may contact Laurie Uva-Perry at 508-295-0450 or via email luvaperry@warehamfiredistrict.org. You may contact Chief John Kelley at 508-295-2973 or via email John.kelley@warehamfiredistrict.org. The District reserves the right to accept or reject all bids , in whole or in part. If the bidders are not both responsible and/or responsive if it is deemed in the best interest of the District. The Wareham Fire District is an equal opportunity employer. Bids from woman/minority business enterprise are strongly encouraged.
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P2403EA
Estate of: Lorraine Pulsifer
Date of Death: November 11, 2023
To all persons interested in the above captioned estate, by Petition of
Petitioner Mark Pulsifer of Hanover MA a Will has been admitted to informal probate.
Mark Pulsifer of Hanover MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.
The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.
NOTICE OF SALE, NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE
Premises: 185 Onset Avenue, Unit G, Wareham, Massachusetts 02558, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Barbara Ann Sweeney to Mortgage Electronic Registration Systems, Inc., as nominee for America`s Wholesale Lender, dated October 5, 2001, and recorded with the Plymouth County Registry of Deeds in Book 20671 at Page 48, as affected by an assignment of mortgage from Mortgage Electronic Registration Systems, Inc. to BAC Home Loans Servicing, L.P., dated March 25, 2010, and recorded with said Registry in Book 38392 at Page 116, as affected by an assignment of mortgage from Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P. to Federal National Mortgage Association, dated December 9, 2014, and recorded with said Registry in Book 45048 at Page 164, as affected by an assignment of mortgage from Federal National Mortgage Association to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust, dated December 28, 2018, and recorded with said Registry in Book 50725 at Page 158, as affected by an assignment of mortgage from Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust to Citibank, N.A., as Trustee for CMLTI Asset Trust, dated September 26, 2019, and recorded with said Registry in Book 52040 at Page 55, as affected by an assignment of mortgage from Citibank, N.A., as Trustee for CMLTI Asset Trust to Greenwich Revolving Trust, dated June 30, 2020, and recorded with said Registry in Book 53075 at Page 221, as affected by an assignment of mortgage from Greenwich Revolving Trust to U.S. Bank, not in its individual capacity but solely as Trustee of CIM Trust 2020-R5, dated October 3, 2023, and recorded with said Registry in Book 58352 at Page 267, as affected, if at all, by a duplicate assignment of mortgage from Greenwich Revolving Trust to U.S. Bank, not in its individual capacity but solely as Trustee of CIM Trust 2020-R5, dated October 3, 2023, and recorded with said Registry in Book 58387 at Page 335, of which mortgage the undersigned is the present holder by assignment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold by Public Auction at 10:00 o’clock A.M. on the 19th day of November, 2024 at the mortgaged premises located at 185 Onset Avenue, Unit G, Wareham, MA 02558, Plymouth County, Massachusetts, all and singular the premises described in said mortgage, To wit: The property known as Unit G (the “Unit”) in the Condominium known as Bayside Condominium (the “Condominium”), situated in Wareham, Plymouth County, Massachusetts, created by Master Deed (the “Master Deed”) dated May 9, 1986, recorded with the Plymouth County Registry of Deeds in Book 6761, Page 291 and as amended in Book 12536, Page 101 and Book 19576, Page 323. The Unit is more particularly described (1) in the Master Deed, (2) with site and floor plans as have been recorded or filed therewith, (3) site and floor plans attached to the First Unit Deed recorded with the Plymouth County Registry of Deeds in Book 9045, Page 46. The Unit is conveyed with an undivided 9.7% interest in the common areas and facilities of the Condominium and the same undivided 9.7% interest in the organization of Unit Owners known as Bayside Condominium Trust (the “Unit Owners Organization”) created by an instrument dated May 7, 1986 and recorded with said Deeds in Book 6761, Page 312, as the same may be amended from time to time. Together with parking easement as more particularly described in instrument from Judith Carroll recorded in Book 20671, Page 44. For Mortgagor’s title, see deed dated September 24, 2001, and recorded in Book 20671, at Page 44 in the Plymouth County Registry of Deeds. Premises to be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Ten Thousand Dollars ($10,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, New York 10004, within thirty (30) days from the date of the sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. In the event of an error in this publication, the description of the premises contained in said mortgage shall control. Other terms, if any, to be announced at the sale. U.S. Bank National Association, not in its individual capacity but solely in its capacity as Indenture Trustee of CIM Trust 2020-R5, Present holder of said mortgage by its Attorneys,
Friedman Vartolo LLP
85 Broad Street, Suite 501,
New York, New York 10004
Event Date
