Legal Advertisements - Week of August 15, 2024

Aug 14, 2024

COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
DOCKET NO. 24 SM 001666
ORDER OF NOTICE

TO:
Christine Spano

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

Citizens Bank, N.A. f/k/a RBS Citizens, N.A.

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 5 Tenth Avenue, given by Christine Spano to RBS Citizens, N.A., dated May 14, 2010, and recorded in Plymouth County Registry of Deeds in Book 38528, Page 67, 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 9/16/2024 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 8/9/2024.
Attest: Deborah J. Patterson, Recorder


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. PL24P1806EA

Estate of: Mary Ellen Pierce Thornton
Also known as: Mary Ellen Thornton
Date of Death: 10/06/2016

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Francis J Thornton Jr. of Williston VT requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that Francis J Thornton Jr. of Williston VT 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 09/03/24.

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. Patrick W. Stanton,
First Justice of this Court
Date: August 01, 2024
Matthew J. McDonough, Register of Probate


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 August 28, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 43-24 for a Special Permit to legalize the structure by seeking relief from the side yard setback under the Wareham Zoning By-Laws, to James Rathbun. of 35 Datewood Street, Wareham, MA for an addition at the subject property located at, 35 Datewood Street, Wareham, MA (Assessors Map 38, Lot 150) in the R-30 zoning district.

Nazih Elkallassi, Chairman
First Notice: August 8, 2024
Second Notice: August 15, 2024


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 August 28, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #44-24 for a Special Permit and/or Variance from the requirements of Article 6, Table 628 and Article 13, Sections 1352 and 1353 of the Wareham Zoning By-Laws, to Frank V. & Jennifer A. Graziano of 956 Pleasant Street, Stoughton, MA proposing to expand existing 12’ x 7’ deck to 20’ x 7’ located at, 1 Acorn Street (Assessors Map 2 Lot 218) in the OV-2 zoning district.

Nazih Elkallassi, Chairman
First Notice: August 8, 2024
Second Notice: August 15, 2024


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 Priscilla Ann Ness and Yolanda M. Keefe to Wells Fargo Bank, N.A., dated May 8, 2007 and registered at Plymouth County Registry District of the Land Court as Document No. 622422 and noted on Certificate of Title No. 100246 (the “Mortgage”) of which mortgage GITSIT Solutions LLC is the present holder by Assignment from Wells Fargo Bank, N.A. to Nationstar Mortgage LLC d/b/a Champion Mortgage Company dated October 12, 2017 and registered as Document No. 764908 and noted on Certificate of Title No. 100246, and Assignment from Nationstar Mortgage LLC d/b/a Champion Mortgage Company to Secretary of Housing and Urban Development dated July 6, 2020 and registered as Document No. 800659 and noted on Certificate of Title No. 100246, and Assignment from Secretary of Housing and Urban Development to GITSIT Solutions LLC dated January 26, 2024 and registered as Document No. 849828 and noted on Certificate of Title No. 100246, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 271 Plymouth Avenue, East Wareham, MA 02538 will be sold at a Public Auction at 1:00 PM on August 26, 2024, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land with the buildings thereon situated in Wareham, Plymouth County, Commonwealth of Massachusetts, known and being numbered: 271 Plymouth Avenue.

Being Lot 45 as shown on sheet 1 of subdivision plan #8702B, filed with Certificate of Title No. 2383, the same being a copy of a part of a plan drawn by Frederic 0. Smith, Surveyor, dated June 15,1926, as approved by the Court and filed in the Land Registration Office at Boston.

The premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations, restrictions, and layouts and takings of record, insofar as they are in force and applicable.

Meaning and intending to mortgage the same premises by deed of Priscilla Ann Ness, Yolanda M. Keefe and Robert M. Keefe to Priscilla Ann Ness and Yolanda M. Keefe, dated 11/02/2001 and filed with the Plymouth County Registry of Deeds, Land Registration Office as Document No. 492992: wherein a more detailed description of the premises is set forth.

For Mortgagor(s) title, see the Plymouth County Registry of Deeds - Certificate of Title No. 100246

For mortgagor’s title see deed registered at Plymouth County Registry District of the Land Court as Document Number 492992 and Noted on Certificate of Title Number 100246.

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.

GITSIT Solutions LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Ness, Estate of Priscilla Ann and Estate of Yolanda M. Keefe, 24-044733


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 Michael J. Cote, Anne M. Cote to Mortgage Electronic Registration Systems, Inc., as nominee for Pacific Union Financial, LLC, dated May 22, 2018 and recorded in the Plymouth County Registry of Deeds in Book 49826, Page 71, as modified by a certain modification agreement dated July 1, 2022, and recorded with said Plymouth County Registry of Deeds in Book 56896, Page 64, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc., as nominee for Pacific Union Financial, LLC, its successors and assigns to Pacific Union Financial, LLC, recorded on November 2, 2018, in Book No. 50477, at Page 267

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 2:00 PM on September 3, 2024, on the mortgaged premises located at 7 Burgee Lane, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
the land in Wareham, Plymouth County, Massachusetts, together with all buildings and improvements thereon, bounded and described as follows:
BEING Lot No. 57 on plan of land entitled, “Plan of Lots, Little Harbor Estates, Wareham, Massachusetts, owned by Robert L. Pittman” dated January 7, 1972 by Walter E. Rowley & Associates, Inc. recorded in the Plymouth County Registry of Deeds in Book 16, Page 876 being Plan No. 862 of 1972.
CONTAINING 30,000 square feet of land all according to said plan, to which plan reference may be made for a more particular description, which has an address of Lot 57 Burgee Lane, Little Harbor Estates, Wareham, MA 02751.
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 in force and applicable.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 49826, Page 69.

These premises will 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 Five Thousand ($5,000.00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event of an error in this publication.

Other terms, if any, to be announced at the sale.

NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER AS SUCCESSOR BY MERGER TO PACIFIC UNION FINANCIAL, LLC
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
23719


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 August 28, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #45-24 for a Special Permit, Variance(s), and Site Plan Review from the requirements of Article 16, and Article 15, Section 1520 to 2406 Cranberry Highway, LLC. c/o William F. Madden, P.E. of G.A.F. Engineering, Inc. of 266 Main Street, Wareham, MA proposing redeveloping the property for use as offices and vehicle storage within the reconstructed building at the property located at, 2406 Cranberry Highway, Wareham, MA (Assessors Map 108, Lot A) in the IND zoning district

Nazih Elkallassi, Chairman

First Notice: August 8, 2024
Second Notice: August 15, 2024


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 11, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 42-24 for a Variance from the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Francis Ellis. Jr. c/o Robert L. Perry, Esq. of 191 Main Street, Wareham, MA proposing to construct a single-family dwelling at, 7 Mattos Avenue, Wareham, MA (Assessors Map 110, Lot 9B) in the CG zoning district.

Nazih Elkallassi, Chairman
First Notice: August 15, 2024
Second Notice: August 22, 2024


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. PL24P1764EA
 
Estate of: Patricia Ann Hamblin
Also known as: Patricia A Hamblin
Date of Death: 05/21/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Kimberly Howard of Summerville SC  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Kimberly Howard of Summerville SC 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 08/29/2024  
 
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. Patrick W. Stanton, 
      First Justice of this Court
Date: July 29, 2024
Matthew J. McDonough, Register of Probate
 

ORDER OF NOTICE BY PUBLICATION
DOCKET NUMBER 2483CV00611
Trial Court of Massachusetts, 
The Superior Court
Plymouth County, Clerk of Courts
Plymouth Superior Court, 52 Oberty Street, Suite 2041 Plymouth, MA 02360
 
CASE NAME: 
Citizens Bank, N.A. 
V. 
Melanie A. Dias a/k/a Melanie Anne O’Neil, Marcelane Dias
 
TO: Melanie A. Dias a/k/a Melanie Anne O’Neil, Marcelane Dias
 
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. C. 50 §3901 (et seq):
 
Citizens Bank, N.A.
 
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 24 Terry Lane E, given by Melanie A. Dias to Citizens Bank, N.A., dated October 15, 2018, and recorded in Plymouth County Registry of Deeds in Book 50501, Page 220, has filed with this court a complaint to foreclosure said mortgage by entry and exercise of the power of sale.
 
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, then you or your attorney must file a written appearance and answer in this Court at 72 Belmont Street, Brockton, MA 02301 on or before 09/16/2024 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.
 
Witness, MICHAEL D. RICCIUTI Chief Justice of this Court, at Brockton, Massachusetts, this 2nd day of August, 2024.
 
Attest: Robert S. Creedon Jr, Clerk of Courts

 
TOWN OF WAREHAM
CONSERVATION COMMISSION
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 520, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
 
Wednesday, August 21, 2024, at 6:00 P.M.
 
On the Request for Determination of Applicability for:
 
Dos Amigos Realty, LLC
12 Fellowship Circle
W. Wareham, MA 02576
 
Proposed Septic System Upgrade
Map 67 Lot B, 134 County Road, W. Wareham, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

TOWN OF WAREHAM
CONSERVATION COMMISSION
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 520, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
 
Wednesday, August 21, 2024, at 6:00 P.M.
 
On the Request for Notice of Intent for:
 
Diane Strzelecki
P.O. Box 277
Webster, MA
 
Applicant is proposing to raze an existing dwelling and construct a new dwelling.  Project will involve disconnecting and reconnecting existing utilities, constructing a gravel driveway, installing roof drywell, and site grading.  This work will occur within the buffer zone to a coastal bank located on the opposite side of Fifteenth Street.  Portions of the site work will also occur with Land Subject to Coastal Storm Flowage. 
Map 11 Lot 1A, 1 Fifteenth Street, Wareham, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

TOWN OF WAREHAM
CONSERVATION COMMISSION
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 520, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
 
Wednesday, August 21, 2024, at 6:00 P.M.
 
On the Request for Notice of Intent for:
 
Rodger Keyes
7 Harborview Lane
Wareham, MA MA 02538
 
Routine maintenance of deeded easement ( bk 4848 Pg 339 Plymouth County MA ROD)
We are requesting a permit to continue maintaining a 5’ pathway through the Conservation Setbacks Area as depicted in attached plat. Maintenance includes mowing and removal of limbs and brush that obstruct usage of the deeded pathway.
Plymouth County ROD bk 38290 pg 117 / bk 40193 pg 224/ bk 4848 pg 339
Map 29 Lot 1006, 12 Harborview Lane, Wareham , MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

TOWN OF WAREHAM
CONSERVATION COMMISSION
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 520, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
 
Wednesday, August 21, 2024, at 6:00 P.M.
 
On the Request for Notice of Intent for:
 
Stephen A. King
27 Agawam Lake Shore Drive
Wareham, MA
 
Removal of seven (7) trees within the buffer to Mill Pond and the AE Flood Zone.
 
Map 129A Lot 99 & 100, 27 Agawam Lake Shores Drive, Wareham, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman