Legal Advertisements - Week of June 13, 2024

Jun 13, 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. PL24P1277EA

Estate of: Joseph A. Maniglia
Also known as: Joseph Angelo Maniglia

Date of Death: 08/11/2022

To all interested persons:

A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Jocelyn Maniglia of Wareham 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 Jocelyn Maniglia of Wareham 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 07/01/2024

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: May 31, 2024
Matthew J. McDonough, Register of Probate


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 Sharon L. O’Donnell to Centex Home Equity Company, LLC, dated April 29, 2004 and recorded in Plymouth County Registry of Deeds in Book 28252, Page 170 (the “Mortgage”) of which mortgage Nationstar Mortgage LLC successor by merger to Centex Home Equity Company, LLC is the present holder, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 84 Swifts Beach Road a/k/a 84 Swift’s Beach Road, Wareham, MA 02571 will be sold at a Public Auction at 10:00 AM on July 1, 2024, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:
 
The land in Wareham, Plymouth County, Massachusetts, situated on the Easterly side of Swift’s Beach Road and being Lot #26 shown on plan entitled “Plan of Lots at Swift Lands--Wareham, Surveyed for the Estate of Louise S. Barrett, Scale 1” = 60’, April 30, 1956, Walter E. Rowley, Surveyor, West Wareham, Mass.” recorded with Plymouth County Registry of Deeds, Plan Book 10, Page 887, bounded and described as follows:
 
SOUTHWESTERLY by Swift’s Beach. Road, sixty-nine and 61/100 (69.61) feet;
 
NORTHWESTERLY   by Lot #25, one hundred twelve and 50/100 (112.50) feet; 
 
NORTHEASTERLY    by remaining land of hairs of Louise S. Barrett, one hundred and 21/100 (100.21) feet;
 
SOUTHEASTERLY    by Locust Avenue, eighty-seven and 64/100 (87.64) feet; and
 
SOUTHERLY  by the intersection of Swifts Beach Road and Locust Avenue by a curve as shown on said plan, thirty-nine and 97/100 (39.97) feet.
 
Containing 10,800 square feet, more or less.
 
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 title see deed recorded with the Plymouth County Registry of Deeds in Book 15492, Page 320.
 
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.
 
Nationstar Mortgage LLC successor by merger to Centex Home Equity Company, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
O’Donnell, Sharon L., 23-044329

 
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 Ted Owens and Lisa Marie Owens to Joseph M. Gonsalves dated May 25, 2006 and recorded with
Plymouth County Registry of Deeds at Book 32778, page 79, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 1:00 PM
on Wednesday, July 17, 2024 on the mortgaged premises located at 23 Windsor Drive, Wareham, MA 02571, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,
 
TO WIT:
The land in Wareham, Plymouth County, Massachusetts bounded and described as follows:
 
Beginning at the Southwesterly corner of the premises hereby conveyed, at the Southeasterly corner of Lot 69 as shown on a plan hereinafter mentioned in the northerly sideline of Windsor Drive;
Thence North 29° 34’ 37” East by said Lot 69, one hundred sixty-seven and 44/100 (167.44) feet to land now or formerly of David B. Mann, as shown on said plan; 
Thence 86 ° 36’ 52” East by said Mann land, ninety-six and 36/100 (96.36) feet to a corner;
Thence South 64° 45’ 35” East by said Mann land, fifty-two and 60/100 (52.60) feet to the Northwesterly corner of Lot 71, as shown on said plan;
Thence South 25° 14’ 25” West by said Lot 71, one hundred sixty-two and 89/100 (162.89) feet to the Northerly sideline of Windsor Drive;
Thence Westerly by said Windsor Drive in a left-hand curve (the radius of which is one hundred twenty-five (125) feet) twenty-four and 85/100 (24.85) feet;
Thence North 79° 51’ 38” West by said Windsor Drive, one hundred thirty-five (135) feet to the point of beginning.
Containing 25,047 square feet, more or less, and being shown as Lot 70 on a plan of “Subdivision of Land to be known as Melwood, owned by Henry L. & Jayne A. Cerkovitz, dated September 22, 1971, Walter E. Rowley & Associates, West Wareham, Mass.” recorded in Plan Book 16, Page 407.
 
For mortgagor’s title, see deed recorded at Book 32778, page 79. Also see Land Court docket number 23 SM 002788.
 
The 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; tenancy or occupation by persons on the premises now or at the time of said auction which tenancy or occupation are subject to said mortgage and to all rights or claims in personal property now located on the premises belonging to said tenants or occupants, and also to all laws and ordinances, including but not limited to all building and zoning laws and ordinances; 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, created prior to the said mortgage which is being foreclosed, 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 cash, certified or bank check will be required to be paid by the purchaser at the time and place of sale. The successful bidder will be required to sign a Memorandum of Sale containing the terms of the Auction Sale. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. The balance is to be paid by certified or bank check at the Law Office of Shapiro Legal Group, PLLC, Jordan L. Shapiro, Esq., 105 Salem Street, Malden, MA 02148 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 in good funds.
Other terms, if any, to be announced at the sale.
 
BRIAN GONSALVES, Personal Representative of
The estate of Joseph M. Gonsalves
Present holder of said mortgage,
BY HIS ATTORNEY,
Jordan L. Shapiro
Shapiro Legal Group PLLC
105 Salem Street
Malden, MA 02148
781 324 5200

PUBLIC NOTICE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
 
Notice of Simplified License Application pursuant to M.G.L. Chapter 91
 
24-WW-PRE-0039-APP
NOTIFICATION DATE: June 6,2024
PERMITTEE: Joseph Drago
PROJECT SITE ADDRESS: 12 ½ Barnacle Rd. Wareham MA 02571,
 
Public notice is hereby given of the application for a Chapter 91 Simplified License by Joseph Drago to maintain an existing seawall in the waters of Mirror Cove at 12 ½ Barnacle Rd. Wareham MA 02571.
 
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.

 
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. PL24P0755EA
 
Estate of: Michael E. Sherman
Date of Death: 02/05/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Brandi Sherman of Wareham MA and Heather Sherman of Plymouth 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 Phoebe A. Sherman  of Wareham 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 07/03/2024.  
 
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: June 04, 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 June 26, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 27-24 for a Variance(s) from the requirements of Article 11, Section 1128, Section 1167 and Section 1172 under the Wareham Zoning By-Laws, to TRT Wareham LLC. c/o KeyPoint Partners LLC. of 174 Colony Place, Plymouth, MA proposing to refurbish the existing pylon sign located at, 2991 Cranberry Hwy., Wareham, MA (Assessors Map 15, Lot C) in the CS zoning district.
 
Nazih Elkallassi, Chairman
 
First Notice:  June 6, 2024  
Second Notice: June 13, 2024  

 
PLANNING BOARD
54 Marion Road
Wareham, MA 02571
 
NOTICE OF PUBLIC HEARING 
 
The Wareham Planning Board will hold a public hearing on June 24, 2024, at 6:00 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #5-24 for a Definitive Subdivision Plan of Land of Tobia Way under the requirements of M.G.L Chapter 41, Section 81-L, to Christian E. Tobia of 5 Crooked River Road, Wareham, MA proposing a (2) Lot Subdivision, located at 5 Crooked River Road & 0 Crooked River Road, Wareham, MA., Assessors Map 40, Lot(s) 1002, 1020, 1021, & 1022 in the R-30 zoning district. 
 
Wareham Planning Board
Michael King, Chairman
 
First Notice:  June 6, 2024
Second Notice: June 13, 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. PL24P0789EA
 
Estate of: Judith Ann Sousa
Also known as Judith A. Sousa, Judith Sousa
Date of Death: 01/27/2024
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Tracy Gordon of Hudson NH  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Tracy Gordon of Hudson NH 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 07/05/2024.  
 
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: June 04, 2024
Matthew J. McDonough, Register of Probate

MORTGAGEE’S NOTICE OF SALE
 
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Richard J. Hagopian, Jr. and Kristin A. Hagopian to Mortgage Corp. of the East III dated February 27, 2006, recorded with Plymouth County Registry of Deeds Book 32291, Page 170, which mortgage was assigned to Mortgage Electronic Registration Systems, Inc. by Assignment dated February 27, 2006, recorded in Book 32291, Page 182; as affected by Confirmatory Assignment dated October 16, 2012, recorded in Book 42206, Page 152; further assigned to Federal National Mortgage Association by Assignment dated January 4, 2011, recorded in Book 39552, Page 345, as affected by Confirmatory Assignment dated May 21, 2012, recorded in Book 41637, Page 205, and Assignment dated October 26, 2012, recorded in Book 42206, Page 153; further assigned to MTGLQ Investors, LP by Assignment dated January 31, 2019, recorded in Book 50829, Page 1; further assigned to Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-A by Assignment dated February 29, 2024, recorded in Book 58807, Page 236; and further assigned to Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-C by Assignment dated April 5, 2024, recorded in Book 58807, Page 238, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 AM, on the 2nd day of July 2024, at the mortgaged premises described and known as 152 Charge Pond Road, Wareham, Massachusetts described in said mortgage, to wit:
 
The land with the buildings thereon situated in Wareham, Plymouth County, Commonwealth of Massachusetts, described as follows: Lots 338, 339, and 340 as shown on a plan entitled, “Section 4 Division of Land of Seawood Springs, owned by Pine Grove Terrace, Inc. Developed by North Atlantic Properties, Inc.” dated November 5, 1971, made by Walter E. Rowley & Associates, recorded with Plymouth County Registry of Deeds in Plan Book 16, Page 743. Said reference is hereby made to said plan for a more particular description. 
The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date.  The Mortgagee further reserves the right to open the bidding at the time, date and place appointed for sale, and if no bids are received, or the bids received are deemed unacceptable to Mortgagee, to postpone the sale to a later date by public proclamation.
 
Said premises will be sold subject to and with the benefit of all restrictions, easements, improvements, outstanding tax titles, mortgages, liens, rights of tenants and parties in possession, unpaid taxes, municipal liens and other public taxes, assessments or liens, having priority over the mortgage described herein, if any.
 
In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with Mortgagee’s attorneys the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second highest bidder within twenty (20) days of said written notice.
 
TERMS OF SALE:  Ten Thousand Dollars ($10,000.00) will be required to bid and be paid in cash or by certified check at the time and place of sale as earnest money.  The balance is to be paid in cash or by certified check within thirty (30) days of the date of the sale at the offices of Murphy & Lupan, P.A., 5 Commonwealth Road, Natick, Massachusetts 01760.  The description of the premises contained in said mortgage shall control in the event of any typographical error in this publication. 
Other terms, if any, to be announced at the time and place of sale.
 
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST VIII-C
 
Present holder of said mortgage,
By its attorney,
 
Michael J. Murphy
Murphy & Lupan, P.A.
5 Commonwealth Road
Natick, MA  01760
Tel: (508) 650-9252