Legal Advertisements - Week of September 8, 2022

Sep 8, 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 28, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #31-22 for a Special Permit and/or Variance from the requirements of Article 6, Table 620; Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Ellen Thompson & Heidi Hampson c/o Lockwood Architects of Onset, MA proposing to construct a 76 sq. ft. one story addition off the left side of the existing dwelling located at, 2 Bush Street, Wareham, MA (Assessors Map 3A-5, Lot 9) in the R-43 zoning district.

Nazih Elkallassi, Chairman

First Notice: September 8, 2022
Second Notice: September 15, 2022


 

PUBLIC NOTICE

THIS IS A REQUEST FOR QUALIFICATIONS (RFQ) FOR PEER REVIEW ENGINEERING CONSULTING SERVICES FOR THE TOWN OF WAREHAM, MA

DATE OF RELEASE: AUGUST 25, 2022

DUE DATE: OCTOBER 18, 2022 @12:00 P.M.

The Town of Wareham is soliciting services of a qualified consulting engineer, firm or firms, for peer reviews of projects submitted to the Town boards and commissions. Such consulting services are primarily for outside expertise required in reviewing an applicant’s site plans, reports and documents submitted for approval under local and State bylaws. Submissions must be provided in a sealed envelope marked “Wareham Peer Review Engineering Consulting Services.”

Submissions must be received by 12:00 p.m. on October 18, 2022.

After a review of the credentials and an interview, the Town will select the firm or team who they determine most closely satisfies the needs of the Town.

The Town of Wareham invites qualified firms to submit responses on or before the due date to: Derek Sullivan, Town Administrator, Town Hall, 54 Marion Road, Wareham, MA 02571


 

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)


 

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


CITATION GIVING NOTICE OF CONSERVATOR’S ACCOUNT
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL86P0141-C1

In the matter of: James D Townsend
Of: Wareham, MA
Protected Person/Disabled Person/Respondent

To the named Respondent and all other interested persons, you are hereby notified pursuant to Rule 72 of the Supplemental Rules of the Probate & Family Court, that the 35th, 36th and Final account(s) of

Joseph M Fidler of South Easton, MA

as Conservator of the property of said Respondent has or have been presented to the Court for allowance.

You have the right to object to the accounts. If you wish to do so, you, or your attorney must file a written appearance and objection at this court on or before 10:00 a.m. on the return day of 09/26/2022. This day is NOT a hearing date, but a deadline date by which you have to object to the account(s). If you fail to file the written appearance and objection by the return date, action may be taken in this matter without further notice to you, including the allowance of the account(s).

Additionally, within thirty days after said return day (or within such other time as the Court upon motion may order), you must file a written affidavit of objections stating the specific facts and grounds upon which each objection is based and a copy shall be served upon the Conservator pursuant to Rule 3 of the Supplemental Rules of the Probate & Family Court.

You have the right to send to the Conservator, by registered or certified mail, a written request to receive a copy of the Petition and account(s) at no cost to you.

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. Edward G. Boyle,
First Justice of this Court
Date: August 26, 2022
Matthew J. McDonough, Register of Probate


CITATION GIVING NOTICE OF PETITION
FOR APPOINTMENT OF CONSERVATOR
OR OTHER PROTECTIVE ORDER
PURSUANT TO G.L. c. 190B, §5-304 & §5-405
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL22P1478PM

In the matter of: William S Fensel
Of: West Wareham, MA
RESPONDENT (Person to be Protected/Minor)

To the named Respondent and all other interested persons, a petition has been filed by Massachusetts General Hospital of Boston, MA in the above captioned matter, alleging that William S Fensel is in need of a Conservator or other protective order and requesting that Robert Dimler, Esq. of Plymouth, MA (or some other suitable person) be appointed as Conservator to serve With Surety on the bond.

The petition asks the court to determine that the Respondent is disabled, that a protective order or appointment of Conservator is necessary, and that the proposed conservator is appropriate. The petition is on file with this court.

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 before 10:00 a.m. on the return day of 09/19/2022. 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. Edward G. Boyle,
First Justice of this Court
Date: August 19, 2022
Matthew J. McDonough, Register of Probate


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 22 SM 002235
ORDER OF NOTICE

TO:
Sara Beth O’Malley Torressen

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

Massachusetts Housing Finance Agency

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 3 Ash Street, given by Sara Beth O’Malley Torressen to “MERS”, Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for “Lender”, Conway Financial Services, LLC and its successors and assigns, dated April 3, 2020, and recorded in the Plymouth County Registry of Deeds in Book 52565, Page 21, and now held by 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 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 8/16/2022

Attest: Deborah J. Patterson, Recorder


 

CITATION GIVING NOTICE OF PETITION
FOR TERMINATION OF A CONSERVATOR
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL86P0141-C1

In the matter of: James D Townsend
Of: Wareham, MA
RESPONDENT Incapacitated Person/Protected Person

To the named Respondent and all other interested persons, a petition has been filed by

Joseph M Fidler of South Easton, MA

in the above captioned matter, requesting that the court: Terminate the Conservatorship

The petition asks the court to make a determination that the Guardian and/or Conservator should be allowed to resign, or should be removed for good cause, or that the Guardianship and/or Conservatorship is no longer necessary and therefore should be terminated. The original petition is on file with the court.

You have the 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 09/26/2022. 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. Edward G. Boyle,
First Justice of this Court
Date: August 26, 2022
Matthew J. McDonough, Register of Probate