Legal Advertisements - Week of March 9, 2023

Mar 9, 2023

WAREHAM PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

Notice is hereby given pursuant to Section 5 of the State Zoning Act, MGL c.40A, that the Wareham Planning Board will hold a public hearing on Monday, March 27, 2023 at 6:00pm in the Multi-Service Center, 48 Marion Road to discuss the following proposed amendments to the Wareham Zoning By-Laws:

ARTICLES – AMEND THE WAREHAM ZONING BYLAW AS FOLLOWS:

Article To see if Town Meeting will vote to amend the zoning bylaws: Article 921 Table of Parking Regulations; changing Motor Vehicle Repair from ‘2’ to ‘5’ parking spaces per lift or bay.

Copies of the amended bylaws are on file with the Town Clerk and the Planning Office.

Michael King, Chairman

First Notice: March 9, 2023
Second Notice: March 16, 2023


Commonwealth of Massachusetts
Plymouth, ss
PROBATE COURT
No. PL22P1478PM

William S. Fensel II and to all persons interested in the estate of William S. Fensel II of Wareham in said County, person under conservatorship.

A petition has been presented to said Court for license to sell at private sale certain real estate of said William S. Fensel II for his maintenance.

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 Third day of April 2023, the return day of this citation.

Witness: Hon. Edward G. Boyle, III, Esquire,
First Judge of said Court, this First day of March 2023
Matthew J. McDonough, Register


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. PL22P1478PM

In the matter of: William S Fensel
Of: West 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 Petition for Complete Settlement of First and Final Temporary Conservator account(s) of
Robert Dimler, Esq. of Plymouth, 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 account(s). If you wish 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 04/03/2023. 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: March 01, 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


TRUST CITATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23P0396PO

In the matter of: Donald H. Angus Trust

To all interested persons:

A Petition has been filed by Deborah Angus of Cotacachi Equador requesting that Nancy S Angus and Carol Angus, both of Wareham, in the Coutny of Plymouth, be removed as Trustees and that this Court appoint a special fiduciary to take possession of trust property and administer the trust.

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 03/31/2023.

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.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: March 01, 2023
Matthew J. McDonough, Register of Probate


TRUST CITATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23P0395PO

In the matter of: Nancy C. Angus Trust

To all interested persons:

A Petition has been filed by Deborah Angus of Cotacachi Equador requesting that Nancy S. Angus and Carol Angus, both of Wareham, in the Coutny of Plymouth, be removed as Trustees and that this Court appoint a special fiduciary to take possession of trust property and administer the trust.

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 03/31/2023.

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.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: March 01, 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, March 15, 2023, at 6:30 P.M.

On the Request for Notice of Intent for:

Michaela Muffoletto
c/o Environmental Consulting & Restoration, LLC
P.O. Box 4012
Plymouth, Ma 02361

To perform vegetation management located on Assessors Parcel ID #36-P2, 11 Bourne Point Road, Wareham, MA.

WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman


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 000810
ORDER OF NOTICE

TO:

Paul Dicicco III

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

Carrington Mortgage Services, LLC

claiming to have an interest in a Mortgage covering real property in East Wareham (Wareham), numbered 167 Park Avenue, given by Paul Dicicco III to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Radius Financial Group, Inc., dated August 10, 2012, and registered at Plymouth County Registry District of the Land Court as Document No. 695743 and noted on Certificate of Title No. 117873, 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 April 10, 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 23, 2023
Attest: Deborah J. Patterson, Recorder


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, March 15, 2023, at 6:30 P.M.

on the Request for Determination of Applicability for:

Jonathan A. Nettleman
8 Franklin Street
Wareham, MA 02571

To increase the patio, add an addition to the deck, and a block patio landing located on Assessors Map 19, Lot 33, 8 Franklin Street, 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. PL23P0099EA

Estate of: Jayne Rae Carboni
Also known as: Jayne R Carboni
Date of Death: 08/20/2022

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Jeffrey J. Carboni 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 Jeffrey J. Carboni 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 04/03/2023.

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: March 03, 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. PL23P0390EA

Estate of: Richard Henry Murphy, Jr.
Also known as: Richard H Murphy, Jr.
Date of Death: 01/25/2023

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by David R Cox of Needham, 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 David R Cox of Needham, 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 03/31/2023.

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: March 01, 2023
Matthew J. McDonough, Register of Probate


NOTICE AND ORDER
Petition for Appointment of
Guardian of a Minor
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
Docket No. PL22P2254GD

In the matter of: Xander John Michael Burgess
Of: East Wareham, MA
Minor

NOTICE TO ALL INTERESTED PARTIES
1. Hearing Date/Time: A hearing on a Petition for Appointment of Guardian of a Minor filed on 10/20/2022 by
Lee A Burgess of East Wareham MA
Jason M Burgess of East Wareham MA
will be held 03/23/2023 10:30 AM Guardianship of Minor Hearing
Located 52 Obery Street. Plymouth, MA 02360

2 Response to Petition: You may respond by filing a written response to the Petition or by appearing in person at the hearing. If you choose to file a written response, you need to:
File the original with the Court; and
Mail a copy to all interested parties at least five (5) business daysbefore the hearing.

3. Counsel for the Minor: The minor (or an adult on behalf of the minor) has the right to request that counsel be appointed for the minor.

4. Counsel for Parents: If you are a parent of the minor child who is the subject of this proceeding you have a right to be represented by an attorney. If you want an attorney and cannot afford to pay for one and if you give proof that you are indigent, an attorney will be assigned to you. Your request for an attorney should be made immediately by filling out the Application of Appointment of Counsel form. Submit the application form in person or by mail at the court location where your case is going to be heard.

5. Presence of the Minor at Hearing: A minor over age 14 has the right to be present at any hearing, unless the Court finds that it is not in the minor’s best interest.

THIS IS A LEGAL NOTICE: An important court proceeding that may affect your rights has been scheduled. If you do not understand this notice or other court papers, please contact an attorney for legal advice.

Date: February 27, 2023
Matthew J. McDonough, Register of Probate