Legal Advertisements - Week of June 15, 2023

Jun 15, 2023

MORTGAGEE’S NOTICE
OF SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Robert Pelletier to Mortgage Electronic Registration Systems, Inc., as nominee for Loandepot.com, LLC, its successors and assigns, dated August 20, 2018 and recorded with the Plymouth County Registry of Deeds at Book 50190, Page 189, subsequently assigned to MidFirst Bank, a Federally Chartered Savings Association by Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for LOANDEPOT.COM, LLC, its successors and assigns by assignment recorded in said Plymouth County Registry of Deeds at Book 52215, Page 243 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 1:00 PM on June 22, 2023 at 110 Choctaw Drive, Wareham (Buzzards Bay), MA, all and singular the premises described in said Mortgage, to wit:

the land together with the buildings and improvements thereon, situated in Wareham, Plymouth County, Massachusetts, more particularly bounded and described as follows:

That certain parcel of land situated in Wareham, Plymouth County, Massachusetts, being Lots #511 and #512 as shown on a plan entitled “Plan of Cohasset Park, Wareham, MA, Scale 1” = 100’, Sept. 1910, A B Savary, Surveyor,” recorded with Plymouth County Registry of Deeds, Plan Book 1, Page 530, as the same is set out on said Plan

The above premises are hereby conveyed together with a right of way to the shore via Salt Works Road or Cedar Street.

Together with all rights, privileges, and easements connected therewith and subject to restrictions, conditions and encumbrances or record if any there be

For Grantors’ title, see deed dated March 30, 1992 recorded with the Plymouth County Registry of Deeds in Book 10882, Page 126

For title, see deed dated August 20, 2018 recorded with the Plymouth County Registry of Deeds herewith

The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney’s fees and costs.

TERMS OF SALE:
A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer’s check or money order will be required to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer’s check or other check satisfactory to Mortgagee’s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE.

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

MIDFIRST BANK

Present Holder of said Mortgage,
By Its Attorneys,
ORLANS PC
PO Box 540540
21-003572/376/NOTOP_DR
Waltham, MA 02454
Phone: (781) 790-7800
21-003572


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 David A. Hoffman, Deborah R. Hoffman to Mortgage Electronic Registration Systems, Inc., as nominee for Evolve Bank & Trust, dated August 1, 2011 and recorded in the Plymouth County Registry of Deeds in Book 40183, Page 230, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Evolve Bank & Trust, its successors and assigns to Wells Fargo Bank, N.A., recorded on December 27, 2022, in Book No. 57549, at Page 191

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 9:00 AM on July 11, 2023, on the mortgaged premises located at 38 Wankinquoah Avenue, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land and buildings being shown and designated as Lot S-2-A containing 3,375 s.f. #38 on that certain plan entitled” Approval Not Required Plan of Land in Wareham, MA -38 & 38R Wankinco Avenue Wareham, MA”, prepared for David A. & Virginia R. Redner, prepared by G.A.F. Engineering Inc., dated April 9, 2007, recorded with Plymouth County Registry of Deeds as Plan in Plan Book 53, Page 46.
Subject to a two foot (2 ft.) wide Access Easement for the benefit of Lot S-2-B, 100 s.f. as shown on said plan.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 40183, Page 228.

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.

WELLS FARGO BANK, N.A.
Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
23623


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 200 Charge Pond Road, Wareham, Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by David R. Tew to Mortgage Electronic Registration Systems, Inc. as nominee for Mutual of Omaha Mortgage Inc., its successors and assigns said mortgage dated November 9, 2020, and recorded in the Plymouth County Registry of Deeds, in Book 54022 at Page 137 and now held by PennyMac Loan Services, LLC by virtue of an assignment from Mortgage Electronic Registration Systems, Inc. as mortgagee, as nominee for Mutual of Omaha Mortgage Inc., its successors and assigns to PennyMac Loan Services, LLC dated March 1, 2022 and recorded in the Plymouth County Registry of Deeds, in Book 56502 at Page 161, for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on July 12, 2023 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

A certain parcel of land with all the buildings thereon situated on the Westerly side of Charge Pond Road in the Town or Wareham, Plymouth County. Massachusetts, and being shown as Lot No. 1, Section 1, on a plan entitled “Seaweed Springs Wareham, Massachusetts, owned by Pine Grove Terrace, Inc.” dated January 25, 1971, drawn by Walter E. Rowley and Associates, and recorded with the Plymouth County Registry of Deeds as Plan No. 122 in Plan Book 15, Page 934, to which plan reference is hereby made for a more particular description.

Said Lot No. 1 contains 12,250 square feet of land, more or less, according to said plan.

Being the same which Richard B. Hollis and Julie M. Hollis by Deed Dated March 1, 2019 and recorded March 4, 2019 in the County of Plymouth, State of MA In Book: 50868 and Page: 146 conveyed unto David R. Tew

For Informational Purposes Only:

Tax ID: 114C-1-1

The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication.

For Mortgagors’ Title see deed dated March 1, 2019, and recorded in Book 50868 at Page 146 with the Plymouth County Registry of Deeds.

TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described.

FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid by a certified check, bank treasurer’s or cashier’s check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer’s or cashier’s check within sixty (60) days after the date of sale.

Other terms to be announced at the sale.

BENDETT & MCHUGH, PC
270 Farmington Avenue
Farmington, CT 06032
Attorney for PennyMac Loan Services, LLC
Present Holder of the Mortgage
(860) 677-2868


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, June 21, 2023, at 6:30 P.M.

On the Request for Determination of Applicability for:

Constantine Iliev, Brilliant Solutions
c/o Collins Civil Engineering Group, Inc.
225 South Main Street
West Bridgewater, MA 02379

To upgrade a residential septic tank Assessors Map 128, Lot 1002-d1, 5 Bartlett Lane, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 28, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 24-23 for a Special Permit and/or Variance from the requirements of Article 6, Table 620 and Article 13 Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Tina DeAngelis c/o William Lockwood, Lockwood Architects of Onset, MA proposing to construct a 12’ x 12’ gazebo, attaching it to an existing covered porch along the front of the existing dwelling located at, 21 Bayberry Road, Wareham, MA (Assessors Map 28, Lot(s) 47 & 48) in the R-60 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 8, 2023
Second Notice: June 15, 2023


TOWN OF WAREHAM
OFFICE OF THE TOWN CLERK
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100, Ext. 3140
Fax: (508) 291-6511

June 12, 2023

In accordance with Chapter 40 Section 32 of the General Laws of the Commonwealth of Massachusetts, this bulletin contains the General By-law Amendment adopted at the Annual Town Meeting convened on October 24, 2022 under Article 11 approved by Assistant Attorney General Kelli E. Gunagan on May 15, 2023. (An extension was agreed upon for Art 11, decision to be issued on or before February 16, 2023 and a further extended deadline for 60-days until May 21, 2023)
Claims of invalidity by reason of any defect in the procedure of adoption of amendment of this by-law only must be made within ninety (90) days of the date of posting.
The Attorney General’s complete letter may be viewed at the Town Clerk’s Office or at www.wareham.ma.us/town-clerk, News and Announcements.

Article 11 - Under Article 11 the Town voted to amend its general by-laws to add a new Division XIII, Article 1, “Waterway Rules,” that regulates the use of vessels and moorings in the Town. We approve Article 11 except for text in: (1) Section 102.0’s definitions of “Great Pond” and “Vessel;” (2) Section 103.1.6 regarding boat registration requirements; (3) Section 112.1 regarding operating vessels near swimming areas; and (4) Section 113.7 regarding requirements for divers, because these provisions are inconsistent with state law, including G.L. c. 90B and 91. See Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986) (requiring inconsistency with state law or the Constitution for the Attorney General to disapprove a by-law).

Respectfully submitted by:
Debra Gremo
Town Clerk


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. PL23P1293EA

Estate of: William J Vanderwal, Jr.
Date of Death: 02/08/2023

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Doreen A Clausnitzer of Berwick ME requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition.

The Petitioner requests that Doreen A Clausnitzer of Berwick ME 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 07/06/2023.

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: June 08, 2023
Matthew J. McDonough, Register of Probate


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, June 21, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Terry L. & Katherine E. Edwards
c/o G.A.F. Engineering, Inc.
266 Main Street
Wareham, MA 02571

To construct a 6-foot wide, stamped concrete walk from an existing walk to the existing peir on Assessors Map 22, Lot C, 50 Winship Avenue, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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, June 21, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Dos Amigos Realty, LLC
c/o JC Engineering, Inc.
2854 Cranberry Highway
East Wareham, MA 02538

To construct a new single-family dwelling with a rear deck and fron porch, paved drivewater, title 5 septic, system and associated utilities and grading on 10 Squirrel Island Road Assessors Map 74, Lot 1010-A1, 10 Squirrel Island Road, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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. PL23P1299EA

Estate of: George T Fondulis, Jr.
Date of Death: 07/28/2021

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Jane Collins-Fondulis 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 Jane Collins-Fondulis 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 07/07/2023.

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: June 08, 2023
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 28, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 22-23 for a Site Plan Review and Special Permit from the requirements of Article 3, Section 320 and Article 15 Section 1520 under the Wareham Zoning By-Laws, to Town Fair Tire c/o John Wypychoski of 460 Coe Avenue, East Haven, CT proposing a tenant fit out for a Town Fair Tire Shop located at, 2991 Cranberry Highway, Wareham, MA (Assessors Map 15, Lot C) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: June 8, 2023
Second Notice: June 15, 2023


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 28, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 23-23 for a Special Permit and/or Variance from the requirements of Article 6, Section 628 and Article 13 Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Kim and Mark Aron c/o William Lockwood of Lockwood Architects of Onset, MA proposing a 6’ x 20.2’ second floor addition and a 6’ x 20.2’ second floor deck located at, 84 Pinehurst Drive, Wareham, MA (Assessors Map 46-A, Lot D) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: June 8, 2023
Second Notice: June 15, 2023