Legal Advertisements - Week of March 2, 2023

Mar 2, 2023

CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT
OF GUARDIAN FOR INCAPACITATED PERSON
PURSUANT TO G.L. c. 190B, §5-304
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL23P0046GD

In the matter of: Aveil W. Ward
Of: East Wareham, MA
RESPONDENT Alleged Incapacitated Person

To the named Respondent and all other interested persons, a petition has been filed by Tracey M Ward of West Wareham, MA in the above captioned matter alleging that Aveil W. Ward is in need of a Guardian and requesting that Tracey M Ward (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond.

The petition asks the court to determine that the Respondent is incapacitated, that the appointment of Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a request for certain specific authority.

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 03/22/2023. 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:February 22, 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 March 22, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 8-23 for a Special Permit from the requirements of Article 6, Table 621 under the Wareham Zoning By-Laws, to Barber Investments, LLC. of 3161 Cran Highway, Wareham, MA proposing to convert a single-family home into two-family home located at, 2286 Cranberry Highway, Wareham, MA (Assessors Map 104, Lot 1029A) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: March 2, 2023
Second Notice: March 9, 2023


TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571

NOTICE OF PUBLIC HEARING

In accordance with the provisions of Chapter 130, Section 60, of the Massachusetts General Laws, a public hearing will be reconvened and held within the Select Board’s meeting on Tuesday, March 21, 2023 at approximately 7:15 P.M. via Zoom on the application to renew Shellfish Grant No. W-1 from Philip Chiaraluce, 19 Highland Road, Wareham. Said grant consists of 2.0 acres, more or less. A more particular description may be obtained in the Select Board’s Office, Memorial Town Hall, 54 Marion Road, Wareham, MA.

To join meeting:
https://us02web.zoom.us/j/83258925070?pwd=dzh3SmlzTzBLaG1teEJmakpZb2lsZz09
Passcode: 962288
One tap mobile:
+19292056099 (New York)
+13017158592 (Washington DC)
Webinar ID: 832 5892 5070
Passcode: 962288

Per Order

SELECT BOARD
Judith Whiteside, Chair
Patricia A. Wurts, Clerk
Alan H. Slavin
Ronald S. Besse
Jared S. Chadwick


TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571

NOTICE OF PUBLIC HEARING

Notice is hereby given that Pankaj Corp. d/b/a PK Liquors, 3074 Cranberry Hwy, E. Wareham, MA, Rikin Patel, Manager has applied to the Select Board for a Seasonal Package Goods Store All Alcoholic License, under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2023.

Single story building approximately 8480 square feet, consisting of one (1) room for sales, a breakroom, an office, one mens room and one ladies room. There is one (1) main entrance/exit at the front of the premises and two (2) side exit doors.

It is ordered: That a virtual public hearing be reconvened and held on said application within the Select Board’s Meeting at approximately 7:20 p.m. on the 21st of March, 2023.

To join meeting:
https://us02web.zoom.us/j/83258925070?pwd=dzh3SmlzTzBLaG1teEJmakpZb2lsZz09
Passcode: 962288
One tap mobile:
+19292056099 (New York)
+13017158592 (Washington DC)

Webinar ID: 832 5892 5070
Passcode: 962288

WAREHAM SELECT BOARD
Judith Whiteside, Chair
Patricia A. Wurts, Clerk
Alan H. Slavin
Ronald S. Besse
Jared S. Chadwick


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
DOCKET NO. 22 SM 000495
ORDER OF NOTICE

TO:

The Heirs, Devisees and Legal Representatives of the Estate of Jennie Ann Goncalves; Henrique J. Goncalves, Jr.; Deborah L. Goncalves

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 Wareham, numbered 16 Oakdale Street, given by Henrique J. Goncalves and Jennie Ann Goncalves to Gateway Funding Diversified Mortgage, dated January 24, 2007, and recorded in Plymouth County Registry of Deeds in Book 34032, Page 2, 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 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 4/10/2023 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 2/23/2023.
Attest: Deborah J. Patterson, Recorder


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 37 Onset Avenue, Onset, Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by James W. Franklin, III and Pamela S. Franklin to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for First Magnus Financial Corporation, said mortgage dated November 13, 2006, and recorded in the Plymouth County Registry of Deeds, in Book 33793 at Page 90 and now held by U.S. Bank National Association, as Trustee, successor in interest to Wilmington Trust Company, as trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1 by virtue of an assignment from Nationstar Mortgage LLC to U.S. Bank National Association, as Trustee, successor in interest to Wilmington Trust Company, as trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1 dated September 11, 2015 and recorded in the Plymouth County Registry of Deeds, in Book 46133 at Page 277, previously assigned by Aurora Loan Services LLC to Nationstar Mortgage, LLC by virtue of an assignment dated June 25, 2012 and recorded in the Plymouth County Registry of Deeds, in Book 42696 at Page 310, previously assigned by Mortgage Electronic Registration Systems, Inc., as nominee for First Magnus Financial Corporation, an Arizona Corporation its successors and assigns to Aurora Loan Services LLC dated January 31, 2011 and recorded in the Plymouth County Registry of Deeds, in Book 39643 at Page 349 for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on April 4, 2023 at 2:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

That certain parcel of land, with the buildings thereon, in Wareham (Onset), County of Plymouth and Commonwealth of Massachusetts, bounded and described as follows:

Beginning at the southwesterly corner of the parcel at a spike in pavement of sidewalk being also the southeasterly corner of land now or formerly of A.L. Parker;

thence NORTH 73 degrees 57’ EAST in the northerly line of Onset Avenue, eighty-one (81) feet to a pipe at land of A.H. Amaral et ux;

thence NORTH 9 degrees 21’ WEST in line of last-named land, one hundred sixty-eight and 10/100 (168.10) feet to a stone bound;

thence NORTH 81 degrees 58’ WEST in line of land now or formerly of Mrs. J.Q.A. Whittemore, eighty and 61/100 (80.61) feet to a stone bound;

thence SOUTH 71 degrees 31 WEST in line of land now or formerly of Eliza and Israel Martin, fifty-seven and 64/100 (57.64) feet to a pipe;

thence SOUTH 14 degrees 07’ EAST in line of land now or formerly of A.L. Parker, ninety and 46/100 (90.46) feet to a pipe;

thence SOUTH 33 degrees 30’ EAST in line of last-named land, one hundred twelve and 15/100 (112.15) feet to the point of beginning,

Containing 0.5 acre, more or less.

Being shown on plan of “Land at Long Neck-Wareham, as surveyed for Kenneth W. Martin” dated June 1949, Allan Beale, C.E., filed in Plymouth County Registry of Deeds in Plan Book 8, Page 48.

For title reference, see deed recorded with the Plymouth County Registry of Deeds in Book 31694, Page 156.

Property Address:
37 Onset Avenue
Onset, MA 02558

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 November 8, 2005, and recorded in Book 31694 at Page 156 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 U.S. Bank National Association, as Trustee, successor in interest to Wilmington Trust Company, as trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for LEHMAN XS TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-1
Present Holder of the Mortgage
(860) 677-2868


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
23 SM 000571
ORDER OF NOTICE

TO:
Scott P. Cruz a/k/a Scott Phillip Cruz

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

Lakeview Loan Servicing, LLC

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 10 Old Onset Road, given by Scott Phillip Cruz to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Northpointe Bank, dated September 24, 2021, and recorded at Plymouth County Registry of Deeds in Book 55722, Page 275, 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 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 March 27, 2023 or you may lose the opportunity to challenge the foreclosure on the grounds of noncompliance with the Act.

Witness, GORDON H. PIPER,
Chief Justice of said Court on February 8, 2023.

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. PL23P0300EA

Estate of: Kathleen Baptiste Atchue
Also known as: Kathleen Baptiste-Atchue
Date of Death:10/08/2022

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Randall Drew of New Bedford 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 Randall Drew of New Bedford 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 03/17/2023.

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: February 15, 2023
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. PL23P0339EA

Estate of: Robert D Monteiro
Date of Death: 05/18/2021

To all interested persons:

A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Robin Monteiro of Los Angeles 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 Robin Monteiro of Los Angeles CA be appointed as Personal Representative(s) of said estate to serve With Corporate 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 03/24/2023.

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: February 22, 2023
Matthew J. McDonough, Register of Probate


PARTITION AND SALE OF REAL ESTATE CITATION
Commonwealth of Massachusetts
PLYMOUTH SS PROBATE COURT
Docket No. PL22E0030PP

To:Pamela Pereira of West Wareham, in the County of Plymouth, and to all other persons interested.

A petition has been presented to said Court by William T. Grindell of West Wareham, in the County of Plymouth, representing that he holds as joint tenant an undivided part or share of certain land lying in West Wareham, in said County and briefly described as follows:

PARCEL 1:

A certain lot of land with buildings thereon, situated in Wareham, in the West part of the town, bounded and described as follows:

Beginning at a stone post on the Westerly side of the Highway leading from Wareham to Carver and is the Southwest corner bound of James Sweet Homestead land, thence

SOUTH 68° West ten (10) rods to a stone post; thence

NORTH 35° West eleven (11) rods fourteen and 00/100 (14.00) feet to a stone post; thence

NORTHWESTERLY eight rods to a stone post, it being the Northwest corner of said Sweet’s Homestead land; thence

NORTHWESTERLY in line of land sold to Cyrus F. Proctor till it comes to a stone post in the line of Thomas W. Gault’s land; thence

SOUTHERLY in line said Gault’s land, to a stake and stones, just across the pathway, thence

EASTERLY in the line of said land belonging to Nahum F. Morse, till it comes to the Northwest corner of land belonging to Fred Church; thence in his line till it comes to the highway above mentioned; thence

NORTHERLY by said highway, five (5) rods and six (6.00) feet to the bound first mentioned.

The above described land comprises all the land Hiram W. Bumpus bought of Nahum F. Morse February 15, 1890 and May 15, 1890, except that sold to Cyrus F. Proctor.

Excepting from the above-described premises that portion conveyed to Alexander Krystolfolski and Anne Krystolfolski, dated November 17, 1941, recorded with the Plymouth County Registry of Deeds in Book 1819, Page 321.

PARCEL 2:

A certain lot of land located in West Wareham on the Southwesterly side of the Massachusetts State Highway known as Route 28, and one hundred sixty-three and 00/100 (163.00) feet distant therefrom, bounded and described as follows:

Beginning at the Southerly corner of James Sweet’s land at a stone bound, said bound being in line of remaining land, now or formerly of Henry C. Govoni et ux, one hundred sixty-three 6/10 (163.6) feet Southwesterly from a stone bounded on the aforementioned State Highway, thence by land of Henry C. Govoni et ux.

SOUTH 63° 35’ West one hundred nineteen and 31/100 (119.31) feet to a concrete bound; thence by land of Assunta Borsari

NORTH 74° 34’ West fifty-six and 64/100 (56.64) feet to a stake and stones; and thence By land of Joseph Florindo

NORTH 44° 53’ West two hundred ninety eight and 50/100 (298.50) feet to a stone bound; thence by land of Krystolfolski

NORTH 63° 14’30” East two hundred twenty four and 20/100 (224.20) feet to a stone bound, thence by land of aforementioned Sweet

SOUTH 32° 57’ East one-hundred forty-nine and 40/100 (149.40) feet to a stone bound; thence

SOUTH 31° 19’ East one-hundred seventy-four and 38/100 (174.38) feet to a stone bound and the point of beginning.

Being the same premises conveyed by Grantors by Deed dated January 9, 2020, recorded with the Plymouth County Registry of Deeds in Book 52235, Page 91.

The address of said Parcels 1 and 2 collectively being 2335 Cranberry Highway, West Wareham, Massachusetts 02576.

The common title to said land is derived under deed of Kenneth Deluze, of Weymouth, Massachusetts and Mark Voner, of Norwell, Massachusetts, dated March 29, 2022 and recorded at the Plymouth County Registry of Deeds Book, 56640, page 245.

setting forth that he desiresthat all of said land be sold at private sale for not less than $525,000.00 dollars and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof.

If you desire to object thereto you or your attorney should file a written appearance in said Court at Plymouth, before ten o’clock in the forenoon on the twentieth day of March, 2023, the return day of this citation.

Witness: Edward G. Boyle, III,
First Judge of said court,
this second day of February, 2023
Matthew J. McDonough, Register


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

Premises: 44 Barker Road, East Wareham (Wareham), Massachusetts

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Mark Shepard to Mortgage Electronic Registration Systems, Inc., as mortgagee, as a nominee for Franklin American Mortgage Company, said mortgage dated January 23, 2013, in and filed in Plymouth County Registry District of the Land Court as Document No. 703369 and noted on Certificate of Title No. 118567 and now held by PennyMac Loan Services, LLC by virtue of an assignment from Franklin American Mortgage Company to PennyMac Loan Services, LLC dated June 2, 2015 and filed in Plymouth County Registry District of the Land Court as Document No. 737032 and noted on Certificate of Title No. 118567, previously assigned by Mortgage Electronic Registration Systems, Inc., as mortgagee, as a nominee for Franklin American Mortgage Company, its successors and assigns to Franklin American Mortgage Company by virtue of an assignment dated December 19, 2014 and filed in Plymouth County Registry District of the Land Court as Document No. 729154 and noted on Certificate of Title No. 118567, for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on March 28, 2023 at 1:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:

The land with all of the buildings and improvements situate thereon in Wareham, Plymouth County, Massachusetts, being more particularly described as follows;

Lots 1133 and 1134 on Sheet 6 of Subdivision Plan #8702B, drawn by Frederic O. Smith, Surveyor, dated June 15, 1926, filed with Certificate of Title No. 2383.

Subject to and with the benefit of any and all easements, restrictions, reservations, rights and agreements as stated on Certificate of Title No. 109184 and of record insofar as the same are in force and applicable.

For title, see deed recorded herewith.

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 January 23, 2013, and filed in Plymouth County Registry District of the Land Court as Document No. 703368 and noted on Certificate of Title No. 118567.

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