Legal Advertisements - Week of September 1, 2022

Sep 1, 2022

ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on September 14, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #30-22 for a Site Plan Review, from the requirements of Article 3, Table 320 and Article 15 Section 1520 of the Wareham Zoning Bylaws, to The Family Pantry – Damien’s Place Corp. c/o G.A.F. Engineering of 266 Main Street, Wareham, MA proposing construction of a 50’ x 100’ building with associated parking lot, access drives, loading docks, utilities, and stormwater management system, located at, 242 Marion Road, Wareham, MA (Assessor’s Map 56 Lot 1000-B) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: August 25, 2022
Second Notice: September 1, 2022


 

TOWN OF WAREHAM
CONSERVATION COMMISSION
MEMORIAL TOWN HALL
54 MARION ROAD
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

Pursuant to the provisions of the Massachusetts Wetland Protection Act, General Laws Chapter 131, Section 40, and the Wareham Wetland Protective By-Law, Division VI, a public hearing will be held in Room 320, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:

Wednesday, September 7, 2022 at 6:30 P.M.

on the Request for Determination of Applicability for:

Lisa & Erasmo Mitrano, Trustees
c/o Michael Mitrano
131 Alanita Drive
Taunton, MA 02780

To replace and enlarge a shed and to expand a patio area located on Assessors Map 50A, Lots 126 & 127, 22 Barnes Street & 51 Pleasant Street, Wareham, MA

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


 

LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by William G. Campbell to Mortgage Electronic Registration Systems, Inc., as mortgagee, acting solely as a nominee for IndyMac Bank, F.S.B., dated January 11, 2007 and recorded in Plymouth County Registry of Deeds in Book 34072, Page 114 (the “Mortgage”) of which mortgage Deutsche Bank National Trust Company As Trustee For Indymac Inda Mortgage Loan Trust 2007-AR1, Mortgage Pass-Through Certificates Series 2007-AR1 is the present holder by Assignment from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for IndyMac Bank, F.S.B., a Federally Chartered Savings Bank, its successors and assigns to Deutsche Bank National Trust Company as Trustee for Indymac Inda Mortgage Loan Trust 2007-AR1, Mortgage Pass-Through Certificates Series 2007-AR1 dated May 12, 2022 and recorded at said Registry of Deeds in Book 56807, Page 276, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 16 White Pine Avenue, West Wareham, MA 02576 will be sold at a Public Auction at 4:00 PM on September 23, 2022, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF MASSACHUSETTS, COUNTY OF PLYMOUTH, CITY OF WEST WAREHAM, AND IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF THE PREMISES HEREBY DESCRIBED IN THE NORTHERLY SIDELINE OF WHITE PINE AVENUE AT THE SOUTHWESTERLY CORNER OF LOT 119 AS SHOWN ON A PLAN HEREINAFTER MENTIONED; THENCE

NORTH 12 DEGREES 26’ 20” EAST BY SAID LOT 119, ONE HUNDRED (100} FEET TO THE SOUTHERLY SIDELINE OF LOT 119 AS SHOWN ON SAID PLAN; THENCE

NORTH 77 DEGREES 33’ 40” WEST BY SAID LOTS 118 AND 116, ONE HUNDRED FIVE (105) FEET TO THE EASTERLY CORNER OF LOT 115 AS SHOWN ON SAID PLAN; THENCE

SOUTH 12 DEGREES 26’ 20” WEST BY SAID LOT 115, ONE HUNDRED (100) FEET TO THE NORTHERLY SIDELINE OF WHITE PINE AVENUE; THENCE

SOUTH 77 DEGREES 33’ 40” EAST BY SAID WHITE PINE AVENUE, ONE HUNDRED FIVE (105) FEET TO THE POINT OF BEGINNING.

CONTAINING 10,500 SQ. FT. AND BEING SHOWN AS LOT 117 ON A PLAN ENTITLED “PLAN OF SECTION 2, WHITE PINE ACRES OWNED BY B&H REALTY TRST, WAREHAM, MASS., SCALE 1” = 60’ FEB. 25, 1972, WALTER E. ROWLEY & ASSOCIATES, WEST WAREHAM, MASS.” SAID PLAN BEING DULY FILED WITH THE PLYMOUTH COUNTY REGISTRY OF DEEDS IN PLAN BOOK 16, PAGE 845 AS SHOWN ON PLAN #800 OF 72.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 24765, Page 243. See also deed in Book 53025, Page 280.

The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession.

Terms of the Sale: Cashier’s or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee’s attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

Deutsche Bank National Trust Company As Trustee For Indymac Inda Mortgage Loan Trust 2007-AR1, Mortgage Pass-Through Certificates Series 2007-AR1

Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Campbell, William G., 22-039876


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 22 SM 002300

ORDER OF NOTICE

TO:
Krystal L. Silva, Individually and as Proposed Personal Representative of the estate of Roswitha E. Gonsalves

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. C. 50 §3901 (et seq):

Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 3 FairwayDrive, Unit No. F, of the Massasoit Condominium, given by Kenneth F. Clark and Roswitha E.Gonsalves to Financial Freedom Senior Funding Corporation, a Subsidiary of IndyMac Bank.F.S.B., dated August 15, 2005, and registered at Plymouth County Registry District of the LandCourt as Document No. 591673 and noted on Certificate of Title No. C1-30, 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 foreclosureof the above-mentioned property on that basis, then you or your attorney must file a written appearanceand answer in this court at Three Pemberton Square, Boston, MA 02108 on or before 10/3/2022 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 8/22/2022.
Attest: Deborah J. Patterson, Recorder


COMMONWEALTH OF MASSACHUSETTS LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 22 SM 002419

ORDER OF NOTICE

TO: David R. Tew
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq)

PennyMac Loan Services, LLC

claiming to have an interest in a Mortgage covering real property in Wareham numbered 200 Charge Pond, given by David R. Tew to Mortgage Electronic Registration Systems, Inc. as nominee for Mutual of Omaha Mortgage Inc.dated November 9, 2020, and recorded in Plymouth County District Registry of Deeds in Book 54022, Page 137, and now held by Plaintiff by assignment, has filed with this court a complaint for determination of Defendant’s 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 10/10/2022 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 8/26/2022.

Attest: Deborah J. Patterson Recorder


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 22 SM 002290

ORDER OF NOTICE

TO:
Carol A. Lincoln, Individually and as Personal Representative of the Estate of Barbara M. Karlson,
Edward Evans,
Eldon H. Evans,
Donna Weisbach,
Scott Mobark,
David M. Mobark,
Louis L. Mobark

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. C. 50 §3901 (et seq):

Mortgage Assets Management, LLC

claiming to have an interest in a Mortgage covering real property in East Wareham (Wareham),numbered 187 Plymouth Avenue, given by Barbara M. Karlson and Leroy R. Karlson Jr. to WellsFargo Bank, N.A., dated May 15, 2009, and registered at Plymouth County Registry District of theLand Court as Document No. 649730 and noted on Certificate of Title No. 113315, 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, thenyou may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosureof 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 10/3/2022 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 8/22/2022
Attest: Deborah J. Patterson, Recorder


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL22P1727EA

Estate of: Brian D. Marks
Date of Death: April 20, 2022

To all persons interested in the above captioned estate, by Petition of Petitioner Joseph H. Marks of Weymouth, MA. Joseph H. Marks of Weymouth, 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 MORTGAGEE’S SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Harry L. Twitty to New Century Mortgage Corporation dated March 27, 2006, recorded at the Plymouth County Registry of Deeds in Book 32464, Page 156; said mortgage was then assigned to Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-NC5, Mortgage Pass-Through Certificates, Series 2006-NC5 by virtue of an assignment dated April 13, 2009, and recorded in Book 37227, Page 201 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 10:00 AM on September 20, 2022, on the mortgaged premises. This property has the address of 4 Long Neck Road, East Wareham, MA 02538. The entire mortgaged premises, all and singular, the premises as described in said mortgage:

Parcel One: The land in Wareham, Plymouth County, Massachusetts, bounded and described as follows: Beginning at a stone on the East side of the road leaving from the former location of the Onset Station of the Old Colony Railroad to Long Neck, in the line of Onset Bay Grove Association Land, and running North forty-five and one-half (45 1/2) degrees East eight (8) rods and fifteen links: Thence running South, fourteen (14) degrees East twenty-seven (27) rods and seven links; and Thence running South, seventy-three and one-half (73 1/2) degrees West five (5) rods and five links; Thence running North twenty (20) degrees West, by said road, twenty-three and one-half (23 1/2) rods to the bound first mentioned. Said premise is a part of the Second Parcel of land conveyed by Patrick F. Morrissey by deed dated April 29, 1938 and recorded with Plymouth County Registry of Deeds, Book 1749, Page 25-26, and being the same premises conveyed by deed of Waller H. Wing to Pete Donly dated September 4, 1908, and recorded with Plymouth County Registry of Deeds, Book 1004, Page 491. EXCEPTING the portion of the premises conveyed by deed of John M. Correia and Elizabeth Correia to Raymond P. Andrade and Marie E. Andrade, dated September 17, 1960, and recorded in Plymouth County Registry of Deeds, Book 2803, Page 248. Together with all rights, privileges and easements connected therewith and subject to restrictions and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be enforced and applicable. For Grantor’s title see Book 27059, Page 285-286 and recorded at the Plymouth County Registry of Deeds dated August 17, 2003. Parcel Two: The land identified as Lot K-120 and shown on a plan entitled “Plan of Land Prepared for John M. Correia, Longneck Road, East Wareham, MA, Scale: 1”=20’, Date: October 22, 1896, Charles L. Rowley and Associates, Civil Engineers and Surveyors, West Wareham, MA” to be recorded herewith, however the same may be bounded and described thereon. Together with all rights, privileges and easements connection therewith and subject to restrictions and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be in force and applicable.

Subject to and with the benefit of easements, reservation, restrictions, and taking of record, if any, insofar as the same are now in force and applicable. In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this sale.

Terms of Sale: Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000.00) in cashier’s or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier’s or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC (“DG&L”), time being of the essence. Other terms, if any, to be announced at the sale.

Dated: July 19, 2022 Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-NC5, Mortgage Pass-Through Certificates, Series 2006-NC5

By its Attorney DOONAN, GRAVES & LONGORIA, LLC, 100 Cummings Center, Suite 303C, Beverly, MA 01915 (978) 921-2670 www.dgandl.com 56056 (TWITTY)


CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL22P1757EA

Estate of: Kevin B McAuliffe
Date of Death: 06/10/2022

To all interested persons: A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Michelle A Dickerson of Garden Grove CA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that Michelle A Dickerson of Garden Grove CA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.

IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before 10:00 a.m. on the return day of 09/19/2022.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: August 18, 2022
Matthew J. McDonough, Register of Probate


CITATION ON PETITION
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL22P1638EA

Estate of: Albert A. Russo
Date of Death: 04/05/2022

To all interested persons: A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Brian A. Russo of Randolph MA requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that Michael P. Russo of Chesapeake VA and Brian A. Russo of Randolph MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.

IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you, or your attorney must file a written appearance and objection at this Court before 10:00 a.m. on the return day of 09/19/2022.

This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding. If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.

UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court. Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: August 18, 2022
Matthew J. McDonough, Register of Probate