Legal Advertisements - Week of October 24, 2024

Oct 24, 2024

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. PL24P2341EA

Estate of: Janice A. Daviau
Date of Death: 12/21/2023

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Melissa Shea of Lincoln 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 Melissa Shea of Lincoln 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 11/12/2024.

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 11, 2024
Matthew J. McDonough, Register of Probate


THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 003570
ORDER OF NOTICE

To:
Derik B. Hines; Sydney E. Hines

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

PNC Bank, National Association,

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 18 Spruce Street, given by Derik B. Hines and Sydney E. Hines to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Network, Inc., dated May 27, 2021, and recorded in Plymouth County Registry of Deeds in Book 55051, Page 94, 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 November 25, 2024, 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 October 8, 2024.
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. PL24P2456EA
 
Estate of: Dolores W. Sawczuk
Date of Death: 08/02/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Marybeth Nearen of Randolph 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 Marybeth Nearen of Randolph 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 11/15/2024.  
 
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 17, 2024
Matthew J. McDonough, Register of Probate

 
TOWN OF WAREHAM
CONSERVATION COMMISSION
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 520, Wareham Multi-Service Center, 48 Marion Road, Wareham, MA on:
 
Wednesday, November 6, 2024, at 6:00 P.M.
 
On the Request for Determination of Applicability for:
9 GRANSTON WAY REALTY TRUST C/O JASON SHOHET
9 GRANSTON WAY
BUZZARDS BAY, MA 02532
 
The applicant is proposing to upgrade a failed sewage disposal system at this property.  The work involves installing a 1500 gallon septic tank, 1000 gallon pump chamber and a concrete chamber and stone leaching field.  The two tanks will be installed at the rear of the dwelling appoximately 90-100 feet from the Coastal Beach.  The proposed leaching field is outside the Buffer Zone to the Coastal Beach.  All of the work will occur within FEMA Flood Zone AO. Map 5 Lot 1002.B, 9 GRANSTON WAY, BUZZARDS BAY, MA.
 
WAREHAM CONSERVATION COMMISSION
Sandy Slavin, Chairman

 
TOWN OF WAREHAM
REQUEST FOR PROPOSALS AND QUALIFICATIONS
 
The Town of Wareham, acting through its Town Administrator, seeks a professional firm or team to provide Grant Administration Services for the implementation of CDBG program activities funded by a FY 2024 Massachusetts CDBG (MCDBG) Mini-entitlement grant from the Executive Office of Housing and Livable Communities (EOHLC). The approved grant activities include:
 
Wareham Housing Rehabilitation Program (8 units)
The Family Pantry (Damien’s Place) Public Social Service Program
Wareham Area Committee for the Homeless (Turning Point) Public Social Service Program
The Greater Attleboro Taunton Regional Transit Authority (GATRA) Public Social Service Program
Evergreen House, Inc.
Community Youth Empowerment, Inc. (CYE) Public Social Service Program
Buzzard Bay Coalition Public Social Service Program
 
The Town seeks the services of a Community Development (CD) Programs Manager, a Programs Coordinator, and a Housing Rehabilitation Specialist to assist in the administration and implementation of the grant
A copy of the Request for Proposals/Qualifications (RFP/Q) may be obtained on the Town’s website at www.wareham.ma.us/bids-rfps or from the Office of the Wareham Town Administrator beginning at 10:00am on Tuesday, October 22, 2024. The RFP/Q may be requested by email at pneal@wareham.ma.us. Office hours are Monday through Thursday 8:00
AM to 6:00 PM.
 
Responses to the RFP/Q must be received no later than 3:00pm on Wednesday, November 6, 2024, at the Wareham Town Administrator’s Office, Memorial Town Hall, 54 Marion Road, Wareham, MA 02571. The Town reserves the right to reject any or all proposals should it be deemed to be in the best interest of the Town of Wareham to do so.
 
Funding for the CDBG Program activities is provided by a FY 2024 Massachusetts Community Development Block Grant Program award. All pertinent federal and state statutes apply. The Town encourages Section 3, minority, and women-owned business participation. The Town of Wareham is an EEO/AA Employer.

 
PLANNING BOARD
54 Marion Road
Wareham, MA 02571
 
NOTICE OF PUBLIC HEARING 
 
The Wareham Planning Board will hold a public hearing on November 25, 2024, at 6:00 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition #10-24 for a Site Plan Review Special Permit from the requirements of Section 590, Article 15 and Table 3 of the Wareham Zoning By-Laws, to Wareham MA3, LLC c/o Atlantic Design Engineers, Inc., P.O. Box 1051, Sandwich, MA 02563, seeking construction of a large scale, ground-mounted photovoltaic solar project on the upland portion of the site, located at 91 & 101 Fearing Hill Road, Wareham, MA (Assessors Map 91 & 74, Lot 1000 & 1007) in the R-60 zoning district.
 
Wareham Planning Board
Carl Schulz, Chairman
 
First Notice:  October 24, 2024
Second Notice: October 31, 2024

 
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 13, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition #53-24 for a Variance from the requirements of Article 6. Table 625 under the Wareham Zoning By-Laws, to Diane A. and Frederick Grey of 14 West Street, Plympton, MA proposing to construct two wooden arbors 8’ wide x 48’ long located at, 3134 Cranberry Highway, Wareham, MA (Assessors Map 8, Lot 1010) in the CS zoning district
 
Nazih Elkallassi, Chairman
 
First Notice:  October 24, 2024
Second Notice: October 31, 2024

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 13, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #54-24 for a Change of Use, Special Permit, and Site Plan Review from the requirements of Article 3, Table 320, Article 9, Table 920, and Article 15, Section 1520 to Ussef Enterprises, LLC. c/o Robert Rego, P.E., LSP of River Hawk Environmental of 511 West Grove Street, Middleboro, MA proposing changing the use from motor vehicle sales to motor vehicle service at the property located at, 2888 Cranberry Highway, Wareham, MA (Assessors Map 129, Lot 1134) in the CS zoning district

Nazih Elkallassi, Chairman
First Notice: October 24, 2024
Second Notice: October 31, 2024


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 13, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #55-24 for a Variance from the requirements of Article 6. Table 625 under the Wareham Zoning By-Laws, to Lauren Enos & Brett McGue of 80 Glen Charlie Road, E. Wareham, Ma proposing to construct a 16’ x 22’ two-car garage in the front of the principal dwelling located at, 80 Glen Charlie Road, E. Wareham, MA ( Assessors Map 129/B-1, Lot 37 ) in the R-130 zoning district

Nazih Elkallassi, Chairman
First Notice: October 24, 2024
Second Notice: October 31, 2024


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 13, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #56-24 for a Special Permit or a Variance from the requirements of Article 6, Table 628, and Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Ralph D. Romano of 294 Plymouth Street, Middleboro, MA proposing to remove and replace existing 25’ 4” x 10’ unfinished addition foundation. Add 25’ 4” x 10’ first-floor addition. Add two separate 4’ 6” x 6’ additions on the second floor with a deck between them located at, 5 Admiral’s Way, Wareham, MA (Assessors Map 2 Lot 73B & 74A) in the OV-2 zoning district.

Nazih Elkallassi, Chairman
First Notice: October 24, 2024
Second Notice: October 31, 2024


NOTICE OF SALE, NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE

Premises: 185 Onset Avenue, Unit G, Wareham, Massachusetts 02558, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Barbara Ann Sweeney to Mortgage Electronic Registration Systems, Inc., as nominee for America`s Wholesale Lender, dated October 5, 2001, and recorded with the Plymouth County Registry of Deeds in Book 20671 at Page 48, as affected by an assignment of mortgage from Mortgage Electronic Registration Systems, Inc. to BAC Home Loans Servicing, L.P., dated March 25, 2010, and recorded with said Registry in Book 38392 at Page 116, as affected by an assignment of mortgage from Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P. to Federal National Mortgage Association, dated December 9, 2014, and recorded with said Registry in Book 45048 at Page 164, as affected by an assignment of mortgage from Federal National Mortgage Association to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust, dated December 28, 2018, and recorded with said Registry in Book 50725 at Page 158, as affected by an assignment of mortgage from Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust to Citibank, N.A., as Trustee for CMLTI Asset Trust, dated September 26, 2019, and recorded with said Registry in Book 52040 at Page 55, as affected by an assignment of mortgage from Citibank, N.A., as Trustee for CMLTI Asset Trust to Greenwich Revolving Trust, dated June 30, 2020, and recorded with said Registry in Book 53075 at Page 221, as affected by an assignment of mortgage from Greenwich Revolving Trust to U.S. Bank, not in its individual capacity but solely as Trustee of CIM Trust 2020-R5, dated October 3, 2023, and recorded with said Registry in Book 58352 at Page 267, as affected, if at all, by a duplicate assignment of mortgage from Greenwich Revolving Trust to U.S. Bank, not in its individual capacity but solely as Trustee of CIM Trust 2020-R5, dated October 3, 2023, and recorded with said Registry in Book 58387 at Page 335, of which mortgage the undersigned is the present holder by assignment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold by Public Auction at 10:00 o’clock A.M. on the 19th day of November, 2024 at the mortgaged premises located at 185 Onset Avenue, Unit G, Wareham, MA 02558, Plymouth County, Massachusetts, all and singular the premises described in said mortgage, To wit: The property known as Unit G (the “Unit”) in the Condominium known as Bayside Condominium (the “Condominium”), situated in Wareham, Plymouth County, Massachusetts, created by Master Deed (the “Master Deed”) dated May 9, 1986, recorded with the Plymouth County Registry of Deeds in Book 6761, Page 291 and as amended in Book 12536, Page 101 and Book 19576, Page 323. The Unit is more particularly described (1) in the Master Deed, (2) with site and floor plans as have been recorded or filed therewith, (3) site and floor plans attached to the First Unit Deed recorded with the Plymouth County Registry of Deeds in Book 9045, Page 46. The Unit is conveyed with an undivided 9.7% interest in the common areas and facilities of the Condominium and the same undivided 9.7% interest in the organization of Unit Owners known as Bayside Condominium Trust (the “Unit Owners Organization”) created by an instrument dated May 7, 1986 and recorded with said Deeds in Book 6761, Page 312, as the same may be amended from time to time. Together with parking easement as more particularly described in instrument from Judith Carroll recorded in Book 20671, Page 44. For Mortgagor’s title, see deed dated September 24, 2001, and recorded in Book 20671, at Page 44 in the Plymouth County Registry of Deeds. Premises to 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 Ten Thousand Dollars ($10,000.00) by certified or bank check will be required to be paid by the purchaser at the time and place of sale. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, New York 10004, within thirty (30) days from the date of the sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. In the event of an error in this publication, the description of the premises contained in said mortgage shall control. Other terms, if any, to be announced at the sale. U.S. Bank National Association, not in its individual capacity but solely in its capacity as Indenture Trustee of CIM Trust 2020-R5, Present holder of said mortgage by its Attorneys, Friedman Vartolo LLP 85 Broad Street, Suite 501, New York, New York 10004