Legal Advertisements - Week of October 19, 2023

Oct 19, 2023

INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
52 Obery Street, Suite 1130
Plymouth, MA 02360
(508) 747-8400
Docket No. PL23P2108EA

Estate of: Arthur Lother Sweetman
Also Known As: Arthur L. Sweetman
Date of Death: December 14, 2022

To all persons interested in the above captioned estate, by Petition of

Petitioner Paula J. Sweetman of Wareham, MA

a Will has been admitted to informal probate.

The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.


DIVORCE SUMMONS BY
PUBLICATION AND MAILING
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23D0364DR

Lindsay Lopes vs. David N Lopes

To the above named Defendant:

The Plaintiff has filed a Complaint for Divorce requesting that the Court grant a divorce for Desertion and Custody & Support of child. The Complaint is on file at the Court.

An automatic restraining order has been entered in this matter preventing you from taking action which would negatively impact the current financial status of either party. SEE Supplemental Probate Court Rule 411.

You are herevy summoned and required to serve upon:
Lindsay Lopes
209 Sandwich Road
Wareham, MA 02571
your answer, if any, on or before 10/23/2023.If you fail to do so, the court will proceed to the hearing and adjudication of this action. You are also required to file a copy of your answer, if any, in the office of the Register of this Court.

Witness: Hon. Edward G. Boyle,
First Justice of this Court
Date: August 2, 2023
Matthew J. McDonough, Register of Probate


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


 

COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 23 SM 003663
ORDER OF NOTICE

TO:
Sara Beth O’Malley Torressen

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

Massachusetts Housing Finance Agency

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 3 Ash Street, given by Sara Beth O’Malley Torressen to “MERS”, Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for “Lender”, Conway Financial Services, LLC and its successors and assigns, dated April 3, 2020, and recorded in the Plymouth County Registry of Deeds in Book 52565, Page 21, and now held by 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 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 9/28/2023
Attest: Deborah J. Patterson, Recorder


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL23P1894EA

Estate of: Mary Louise Estrella
Date of Death: June 19, 2023

To all persons interested in the above captioned estate, by Petition of

Petitioner Sarah E Estrella of Middleboro, MA

Sarah E Estrella of Middleboro, MA
Shaylee Estrella of Wareham, MA

has been informally appointed as the Personal Representative of the estate to serve without surety on the bond.

The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner.


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


NOTICE OF MORTGAGEE’S 
SALE OF REAL ESTATE
 
Premises:12 Oakdale Street, Wareham, MA 02571
 
     By virtue and in execution of the Power of Sale contained in a certain mortgage given by Lisa Anne Barros to World Savings Bank, FSB, and now held by U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, said mortgage dated October 23, 2006 and recorded in the Plymouth County Registry of Deeds in Book 33654, Page 328, as affected by a Loan Modification dated April 15, 2016 and recorded in the Plymouth County Registry of Deeds in Book 46952, Page 207; said mortgage was assigned from Wells Fargo Bank N.A., s/b/m Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, F/K/A World Savings Bank FSB to US Bank Trust N.A., not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust by assignment dated February 24, 2020 and recorded with said Registry of Deeds in Book 52380, Page 247; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on December 14, 2023 at 11:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: 
 
THE LAND IN WAREHAM, PLYMOUTH COUNTY, MASSACHUSETTS WITH ALL BUILDINGS AND STRUCTURES THEREON BOUNDED AND DESCRIBED AS FOLLOWS:
 
BOUNDED ON THE NORTH BY LAND NOW OR FORMERLY OF FRANK E. MAXIM, ON THE EAST BY ROAD LEADING FROM MAIN ROAD BY OAKDALE CHAPEL, ON THE SOUTH BY LAND NOW OR FORMERLY OF ELDREDGE AND MAKEPEACE, AND ON THE WEST BY LAND NOW OR FORMERLY OF THE ESTATE OF J.B. TOBEY, LATE OF WAREHAM, DECEASED. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL A CERTAIN PARCEL OF LAND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A BOUND IN THE LINE OF OAKDALE ROAD AND CORNER OF LAND NOW OR FORMERLY OF ELDREDGE AND MAKEPEACE, THENCE RUNNING WESTERLY BY ELDREDGE AND MAKEPEACE LAND 80 FEET TO A BOUND, THENCE TURNING AND RUNNING NORTHERLY PARALLEL TO OAKDALE ROAD 50 FEET TO A BOUND, THENCE TURNING AND RUNNING EASTERLY 80 FEET TO OAKDALE ROAD, THENCE TURNING AND RUNNING SOUTHERLY BY OAKDALE ROAD 50 FEET TO THE BOUND FIRST MENTIONED AND POINT OF BEGINNING.
 
BEING THE SAME PROPERTY CONVEYED TO LISA ANNE BARROWS FROM ESTATE OF DOROTHY T. BARROS, RECORDED 07/23/1997 IN BK 2578 PAGE 260, IN THE REGISTRY OF DEEDS PLAN FOR PLYMOUTH COUNTY, MASSACHUSETTS.
 
     The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. 
 
For Mortgagor’s title, see Probate of Dorothy T. Barros a/k/a Dorothy T. Barros, Plymouth County Probate Court Docket No. 97 P 1171-EP1
 
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 in cash, 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 thirty (30) days after the date of sale.
 
     Other terms to be announced at the sale.
 
Brock & Scott, PLLC
270 Farmington Ave, Suite 151
Farmington, CT 06032
Attorney for U.S. Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust
Present Holder of the Mortgage
(401) 217-8701

 
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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 44-23 for Variance(s) from the requirements of Article 3, Section 340.4 and Article 6, Table 620 and 621 under the Wareham Zoning By-Laws, to Wareham Housing Authority c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA  proposing to construct two (2) duplexes located at, 57 Sandwich Road, Wareham, MA (Assessors Map 45, Lot 1015) in the MR-30 zoning district.
 
Nazih Elkallassi, Chairman
First Notice:  October 19, 2023
Second Notice: October 26, 2023

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. PL22P2263EA
 
Estate of: Linda Jean Cote
Also known as: Linda J Cote, Linda J Collins
Date of Death: 08/06/2021
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Bernadette Ruginski of Flat Rock NC  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Bernadette Ruginski of Flat Rock NC be appointed as Personal Representative(s) of said estate to serve With Personal 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 11/07/2023.  
 
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. Patrick W. Stanton, 
      First Justice of this Court
Date: October 10, 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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 45-23 for Special Permit and Variance(s) from the requirements of Article 3, Table 320, Article 6, Section 623, Article 9, Section 920 and Table 921, Article 10, and Section 1042 under the Wareham Zoning By-Laws, to Joshua A. DeOlim, Trustee of 2618 Cranberry Highway Realty Trust c/o Robert L. Perry, Esq. of 194 Main Street, Suite 215, Wareham MA proposing to convert a residential garage to a commercial use, motor vehicle sales and repair in the CS Zoning District at the current business located at 2618 Cranberry Highway, Wareham, MA (Assessors Map 110, Lot 1051) in the CS zoning district
 
Nazih Elkallassi, Chairman
First Notice:  October 19, 2023
Second Notice: October 26, 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 November 8, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 46-23 for Special Permit or a Variance from the requirements of Article 6, Table 620 and 621, and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Brett Bussiere c/o Brad Bertolo, J.C. Engineering, Inc. of 2854 Cranberry Highway, Wareham, MA  proposing to construct a second floor above the existing home, new doors, windows, and a 16’x24’ addition located at, 13 Tarpaulin Way, Wareham, MA (Assessors Map 30, Lot 45) in the R-60 zoning district.
 
Nazih Elkallassi, Chairman
First Notice:  October 19, 2023
Second Notice: October 26, 2023