Legal Advertisements - Week of October 12, 2023
Oct 12, 2023
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 James D. Eacobacci to Citibank, N.A., dated October 2, 2007 and recorded in the Plymouth County Registry of Deeds in Book 35175, Page 164, 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 3:00 PM on November 7, 2023, on the mortgaged premises located at 398 Main Street, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT:
ALL THAT CERTAIN PROPERTY SITUATE IN WAREHAM, COUNTY OF Plymouth, COMMONWEALTH OF MASSACHUSETTS, BEING MORE PARTICULARLY DESCRIBED IN A DEED RECORDED 04/26/2002 IN BOOK 21975, AT PAGE 248, AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE. KNOWN AS: 398 MAIN ST
Subject to a first mortgage dated May 28, 2003 and recorded in the Plymouth County Registry of Deeds at Book 25322, Page 148 in the original principal amount of $148,000.00.
For mortgagor’s title see deed recorded with Plymouth County Registry of Deeds in Book 21975, Page 248.
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.
CITIBANK, N.A.
Present holder of said mortgage
By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
24117
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. PL23P0416GD
In the matter of: Kimberly Ann Page
Of: West Wareham, MA
RESPONDENT Alleged Incapacitated Person
To the named Respondent and all other interested persons, a petition has been filed by Leonard Page of West Wareham, MA in the above captioned matter, alleging that Kimberly Ann Page is in need of a Guardian and requesting that Leonard Page of West Wareham, MA (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 10/31/2023. 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. Patrick W. Stanton,
First Justice of this Court
Date: October 03, 2023
Matthew J. McDonough, Register of Probate
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Determination of Applicability for:
Michelle Wright
5 Cottage Street
Wareham, MA 02571
construct a 8x10 shed within the flood zone.
46A lot 1/19, 5 Cottage Street, 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 October 25, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 42-23 for a Variance from the requirements of Article 11, Section 1128, and 1172 under the Wareham Zoning By-Laws, to David Barry of 48 Highland Circle, Halifax, MA seeking to replace the faces of the existing double sided pylon sign located at, 3138 Cranberry Hwy., Wareham, MA (Assessors Map 7A-1, Lot A) in the CS zoning district.
Nazih Elkallassi, Chairman
First Notice: October 5, 2023
Second Notice: October 12, 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 October 25, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 43-23 for a Special Permit and/or a Variances from the requirements of Article 6, Table 628 and Article 13 Sections 1350, 1352 & 1353 under the Wareham Zoning By-Laws, to Stephen & Dianne McDonough c/o G. A. F. Engineering, Inc., of 266 Main Street, Wareham, MA proposing to construct a new 10’ x 30’ deck along with a 4’ x 6’ expansion of the porch, and separately removing a 10’ x 10’ existing deck and replacing it with a new 10’ x 15’ deck along with a 10’ x 8’ staircase down to grade located at, 24 Highland Bay Dr., Wareham, MA (Assessors Map 58, Lot(s) W67-A, W68 & 1001-A) in the R-30 zoning district.
Nazih Elkallassi, Chairman
First Notice: October 5, 2023
Second Notice: October 12, 2023
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 23SM002788
ORDER OF NOTICE
To: TED OWENS and LISA MARIE OWENS
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App. §3901 et seq:
BRIAN M. GONSALVES, personal representative of the estate of Joseph M. Gonsalves
claiming to have an interest in a mortgage covering real property in Wareham, numbered 23 Windsor Drive, given by Ted Owens and Lisa Marie Owens to Joseph M. Gonsalves, dated May 25, 2006, and recorded or filed at Plymouth County Registry of Deeds in Book 32778, Page 79 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 11/13/2023, 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 9/27/2023.
Attest: Deborah J. Patterson, Recorder
NOTICE AND ORDER:
Petition for Resignation or
Petition for Removal
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. PL15P1346GD
In the matter of: Nickolas R Duff
Of: East Wareham, MA
Minor
NOTICE TO ALL INTERESTED PARTIES
1. Hearing Date/Time: A hearing on a Petition to Resign as Guardian or Petition for Removal of Guardianof a Minor filed by John M Duff on August 11, 2023 will be held 10/25/2023 11:00 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 days before 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.
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: August 18, 2023
Matthew J. McDonough, Register of Probate
CITATION ON PETITION
FOR SALE OF REAL ESTATE BY A
PERSONAL REPRESENTATIVE
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL22P2837EA
In the matter of: Janet Eileen Smolinsky
Also known as: Janet E Smolinsky
Date of Death: 07/27/2022
To all interested persons: A Petition for Sale of Real Estate has been filed by Joseph J Smolinsky, II of Falmouth MA requesting that the court authorize the Personal Representative to sell the decedent’s real estate at private sale.
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 10/30/2023.
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. Patrick W. Stanton,
First Justice of this Court
Date: October 02, 2023
Matthew J. McDonough, Register of Probate
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Notice of Intent Hearing for:
Jason Shohet
12 Granston Way
Wareham, MA 02532
raze and reconstruct a portion of the existing dwelling. A small expansion of the kitchen is proposed with a greenhouse and small portion of existing concrete patio to be removed.
Map 5 Lots 1003A.1 & 1004 C, 12 Granston Way, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Notice of Intent Hearing for:
Jeffrey & Brenda Harper
16 Holly Tree Lane
Wareham, MA 02571
construction of an 850 square foot addition to the existing dwelling.
Map 76 Lot 13-W, 16 Holly Tree Lane, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Notice of Intent Hearing for:
Robin Mitchell
40 Arnold Street
West Wareham, MA 02571
Coastal Bank stabilization by installing COIR Logs, stabilizing the area with coconut fiber matting, and plantings of a variety of salt water tolerant native species.
Map 78/1 Lot 188, 40 Arnold Street, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Determination of Applicability for:
James Baroncelli
104 Great Neck Road
Wareham, MA 02571
construct 80 square foot deck within the buffer to a bordering vegatative wetland.
map 18 Lot 1009, 104 Great Neck Road, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
Town of Wareham
Conservation Commission
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, October 18, 2023, at 6:30 P.M.
On the Request for Determination of Applicability for:
Indian Neck Common Lands Trust
63 Towhee Road
Wareham, MA 02571
to reconstruct a post and rope fence and reconstruct stone step leading onto beach.
Map 34 Lot 34-A, 63 Towhee Road, Wareham, MA.
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman
Commonwealth of Massachusetts
PLYMOUTH SS PROBATE COURT
Docket No. PL23E0025PP
To: Stacey E. Fernandes of West Wareham, in the County of Plymouth, and to all other persons interested.
A petition has been presented to said Court by Christian M. Fernandes, Joseph A. Fernandes, Jr. and Robyn Fernandes representing that they hold as tenants in common an undivided part or share of certain land lying in Wareham, in said County of Plymouth and briefly described as follows:
Property Address: 141 Hathaway Street, Wareham, MA 02571
The street address of the land is 141 Hathaway Street
WESTERLY: By Hathaway Street as shown on a plan hereinafter referred to, one hundred fifty-two and twenty-seven one hundredths feet;(152.27);
NORTHERLY: By Lot No. 4 as shown on said plan, three hundred eight and twenty-six hundredths (308.26) feet;
EASTERLY: By land now or formerly of David Mann as shown on said plan, one hundred thirty-four and eighty-six one hundredths (134.86) feet;
SOUTHERLY: By Lot No. 2 as shown on said plan, three hundred thirty-seven and sixty-three hundredths (337.63) feet.
Containing 41,884 square feet more or less according to said Plan. Meaning and intending to convey Lot No. 3 as shown on a Plan entitled “Plan of Lots prepared for Henry L. Cerkovitz, Jayne A. Cerkovitz, Stephen J. Cerkovitz and Frank A. Cerkovitz, Hathaway Street, Wareham, Mass. Scale 1:=100 feet, November 2, 1971, Walter E. Rowley & Associates, West Wareham, Mass.” Recorded with Plymouth County Registry of Deeds, Book 3726, Page 150.
setting forth that they desire that all of said land may be sold at private sale for not less than $400,000.00 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 thirtieth day of October, 2023, the return day of this citation.
Witness: Patrick W. Stanton, First Judge of said court, this thirteenth day of September, 2023
Matthew J. McDonough, Register
