Legal Advertisements - Week of September 22, 2022

Sep 21, 2022

COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 22 SM 002644
ORDER OF NOTICE

TO: The Heirs, Devisees and Legal Representatives of the Estate of Joanne Perry, Rudolph Perry, Jr., Larry Perry, Ricky Perry, Cheryl Cardoza, Rhoda Franklin, The Heirs, Devisees and Legal Representatives of the Estate of Roxanne M. Costa, Breanna Marie Perry Costa, Terrell Kenneth Costa

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

Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust

claiming to have an interest in a Mortgage covering real property in West Wareham (Wareham), numbered 2271 Cranberry Highway, given by Joanne Perry to Financial Freedom Senior Funding Corporation, a Subsidiary of Lehman Brothers Bank, FSB, dated August 28, 2003, and recorded in Plymouth County Registry of Deeds in Book 26403, Page 40, 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 10/31/2022 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 9/14/2022.
Attest: Deborah J. Patterson, Recorder


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 12, 2022 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #33-22 for a Variance from the requirements of Article 320 under the Wareham Zoning By-Laws, to Ronald Besse of 7 Lynne Road, Wareham, MA proposing to change a retail use to a print shop at 171 Marion Road Road, Wareham, MA (Assessors Map 60, Lot 1017B) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: September 22, 2022
Second Notice: September 29, 2022


WAREHAM FIRE DISTRICT
FIRE DEPARTMENT
SOURCE CAPTURE, MAGNETIC, DIESEL EXHAUST REMOVAL SYSTEM
PROCUREMENT PER M.G.L. Chapter 30 SECTION 39M

INVITATION TO BID

The Wareham Fire District Fire Department (District) is seeking sealed bids for the installation of a “Source Capture, Magnetic, Diesel Exhaust Removal System,” this includes our four (4) Fire Stations and Maintenance Facility. This procurement is subject to the competitive bidding requirements of M.G.L. Chapter 30 39M. Qualified bidders are requested to submit bids on prescribed forms to the Wareham Fire District Water Department, 2550 Cranberry Highway, Wareham, MA 02571, no later than Wednesday, October 5th, 2022, at 12:00 p.m. The bids will be opened and read publicly at 1:00 p.m. All bids shall be sealed and clearly marked “Source Capture, Magnetic, Diesel Exhaust Removal System.” Specifications, contractor qualifications, prevailing wage rates, bid documents and bid forms may be obtained Monday through Friday, 7:30 a.m.-4:00 p.m. at the Wareham Water Department Office or by contacting Laurie Uva-Perry 508-295-0450 or via email request at luvaperry@warehamfiredistrict.org. You may also contact Chief John Kelley via phone 508-295-2973. The District reserves the right to accept or reject all bids, in whole or in part, that are not both responsible and/or responsive if it is deemed in the best interest of the District. The Wareham Fire District is an Equal Opportunity Employer. Bids from Woman/Minority Business Enterprises are strongly encouraged.


INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Plymouth Division
Docket No. PL22P1875EA

Estate of: Paulette M Hall
Date of Death: 01-22-2022

To all persons interested in the above captioned estate, by Petition of Petitioner Kevin R Hall of Milford, CT, Kevin R Hall of Milford, CT 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.


 

TOWN OF WAREHAM
HISTORIC DISTRICT COMMISSION
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

September 20, 2022

To the abutters of
100 Main Street
Wareham, Mass
Wareham Narrows Historic District

The Wareham Historic District Commission will hold a public hearing Wednesday, October 12, 2022 at 6:00 p.m. in the Auditorium of the Wareham Town Hall, 54 Marion Rd, Wareham, MA.

to consider an Application for a Certificate of Appropriateness as required by Massachusetts General Law, Chapter 40c sect 11.

The Application is for the Removal of Trees, and Repair/Restoration work on a property at 100 Main Street, Wareham Narrows Historic District as requested by the owner in application to the WHDC. Public comment and questions will be accepted.

A meeting of the Wareham Historic District Commission will immediately follow the Hearing.

Robert G. Blair, Chairman
Wareham Historic District Commission
September 20, 2022


 

THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 22 SM 002581
ORDER OF NOTICE

To:
Elizabeth D. Wallace; Gerard Simoneau a/k/a Edgar G. Simoneau; Heirs, Devisees and Legal Representatives of the Estate of Elizabeth M. Stephens

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

Bank of New York Mellon Trust Company, N.A. as Trustee for Mortgage Assets Management Series I Trust

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 1 Eagle Way, given by Elizabeth M. Stephens to Financial Freedom Senior Funding Corporation, dated November 7, 2008, and recorded in the Plymouth County Registry of Deeds in Book 36527, Page 308 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 October 24, 2022, 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 September 9, 2022.
Attest: Deborah J. Patterson, Recorder
21883


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, October 03, 2022 at 6:00pm in the Multi-Service Center, 48 Marion Road to discuss the following proposed amendments to the Wareham Zoning By-Laws:

ARTICLE – AMEND THE WAREHAM ZONING BYLAW AS FOLLOWS:

Article To see if the Town will vote to amend Section 1381 of the Wareham Zoning By-Law.
Article To see if the Town will vote to amend the Zoning ByLaws Section 399 to reset a one-year moratorium on issuance of any permits for Social Consumption Marijuana Establishments.
Article To see if Town Meeting will vote to amend the Zoning ByLaws Section 1172 so that window signs in a business or commercial district shall not exceed more than 25% of the total window glass area of the wall of each business facing each street or parking lot in which they are displayed. 
Article To see if Town Meeting will vote to amend the Zoning ByLaws sections 590, 752, 17, 1541, 1506.9, and 1211, and add a new section 1260 to reference and include MS4 storm water regulations for pre- and post- project construction.

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

Michael King, Chairman

First Notice: September 15, 2022
Second Notice: September 22, 2022


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 22 SM 002466
ORDER OF NOTICE

TO:
Joann R. Senna,

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

Reverse Mortgage Funding, LLC

claiming to have an interest in a Mortgage covering real property in Onset, numbered 24 Wareham Avenue, given by Joann R. Senna, to James B. Nutter & Company dated December 10, 2008, and recorded or filed in the Plymouth County Registry of Deeds in Book 36605, Page 167 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 10/17/2022 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 8/31/2022
Attest: Deborah J. Patterson, Recorder


PUBLIC NOTICE:
TOWN OF WAREHAM PUBLIC AUCTION

On Thursday, October 27, 2022 at 12:00 p.m., the following described parcels located in Wareham, Massachusetts will be sold at public auction:

Combined offering: 2 Knowles Avenue & 29 Depot Street, Wareham, MA (parcels 43-1056 & 43-1057), East Wareham School
1073 Main Street, Wareham, MA (parcel 100-1017), West Wareham School
56 Carver Road, Wareham, MA (parcel 100-1016)

Registration: To begin at 11:00 a.m. at Wareham Town Hall, 54 Marion Road, Wareham

Deposits: $20,000, additional $20,000 deposit due in 24 hrs., with closing in 30 days, for each offering

Open Houses: Day of Sale, 10:00 AM – 11:30 AM

Bidders must have positive identification and the required deposit amount in the form of a bank check (treasurer’s, cashier’s, or certified) to qualify to bid. No personal or business checks will be accepted. The check should be made payable to the Town of Wareham OR Your Name (this meaning that both the Town of Wareham and your name should appear on the check, connected by the word OR). Closing in thirty (30) days. Properties sold as is. 

Please call Zekos Group Auctioneers, 508-842-9000, or visit their website at www.zekosgroup.com for further details.


 

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. PL22P1880EA

Estate of: Willie Joe Lesley, Jr.
Also known as: Willie Lesley, Willie J Lesley
Date of Death: 03/13/2022

To all interested persons:

A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Kashane M Bacon of Onset MA and Sharonda N Lesley of Quincy 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 Kashane M Bacon of Onset MA and Sharonda N Lesley of Quincy 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 10/06/2022.

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: September 06, 2022
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. PL22P1884EA

Estate of: Robert C Bourne
Also Known As: Robert Charles Bourne
Date of Death: 07/06/2022

To all interested persons: A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Leonard M Bello 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 Leonard M Bello 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 10/06/2022.

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: September 6, 2022
Matthew J. McDonough, Register of Probate


 

Commonwealth of Massachusetts
Land Court Department
Of the Trial Court
PLYMOUTH, SS.
CASE NO. 22MISC 000169(HPS)

Margaret F. Courtney, Trustee of Margaret F. Courtney Trust
vs.
Rose Burwell, et al

TO: Ina M. McElaney, deceased, formally of Brockton, Plymouth County and said Commonwealth, Rose McCann also known as Rose Burwell also known as Rose McCann Gilbert, deceased, formerly of Salisbury in the state of Maryland, Margaret Rose Burwell Leffell, deceased, formerly of Fairfax Station in the commonwealth of Virginia, Inamary Sweeney, deceased, formerly of Greenwich in the state of Connecticut, Sylvia H. McCann, deceased, formerly of Framingham, Middlesex County and said Commonwealth, Frederic McCann, deceased, formerly of Rockville in the state of Maryland, Paul C. McCann, deceased, formerly Brockton, Plymouth County and said Commonwealth, Clement L. McCann, Jr., deceased, formerly of Brockton, Plymouth County and said Commonwealth, Paul Sweeney, Patricia Gray, Susan Taylor, Bernard A. McCann, Frederic P. McCann, Laurie McCann, William McCann, Susan Spalding, Charles Locke McCann, Shibhon McCann, Sarah McCann, all of parts unknown, or their heirs, devisees, or legal representatives.

You are hereby notified that a complaint has been filed by the above-named plaintiffs in which you are maned as an interested party. This complaint concerns a certain parcel of land in Wareham, Plymouth County, and said Commonwealth being a portion of the property known as and numbered 10 Wild Rose Avenue and is more particularly shown as Lot H7 on Land Court Subdivision Plan 2433R being registered with Certificate No. 14646 with the Plymouth County Registry District. Plaintiff seeks a judgment that reforms the deed from Rose Burwell, Ina Mary Sweeny, Paul C. McCann, Clement L. McCann, Frederic McCann, and John B. McCann to Frederick E. McCann, said deed being dated December 31, 1963 and registered with said Registry District as Document No. 93195 to include said Lot H7 and such other and further relief as this Court deems just and appropriate.

This complaint may be examined at the Land Court, Boston, Massachusetts, or a copy obtained from plaintiff’s attorney.

If you intend to make any defense, you are hereby required to serve upon the plaintiff’s attorney, Kimberly Kroha, Esq., Baker, Braveman & Barbadoro, P.C., whose address is 300 Crown Colony Drive, Suite 500, Quincy, MA 02169-0904, an answer to the complaint on or before the thirty-first day of October, next, the return day, hereof, and a copy thereof must be filed in this court on or before said day.

If you fail to do so, judgment by default will be taken against you for relief demanded in the compliant. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arise out of the transaction or occurrence that is the subject matter of the plaintiffs’ claim, or you will thereafter be barred from making such claim in any other action.

It is ORDERED that notice be given by publishing a copy of this notice once in The Wareham Week, a newspaper published in Wareham, in the county of Plymouth and said Commonwealth, at least thirty days before the thirty-first of October.

Witness, Gordon H. Piper, Chief Justice of the Land Court, the twelfth day of September 2022.

A TRUE COPY ATTEST:
Deborah J. Patterson
RECORDER


 

LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by John Wilson and Bridgett Wilson to Mortgage Electronic Registration Systems, Inc., as mortgagee, acting solely as a nominee for Quicken Loans Inc., dated March 23, 2018 and registered at Plymouth County Registry District of the Land Court as Document No. 769866 and noted on Certificate of Title No. 126547 (the “Mortgage”) of which mortgage Rocket Mortgage, LLC FKA Quicken Loans, LLC is the present holder by Assignment from Mortgage Electronic Registration Systems, Inc. as mortgagee, as nominee for Quicken Loans Inc., its successors and assigns to Rocket Mortgage, LLC FKA Quicken Loans, LLC dated March 15, 2022 and registered as Document No. 829541 and noted on Certificate of Title No. 126547, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 81 Onset Avenue, Wareham, MA 02571 will be sold at a Public Auction at 1:00 PM on October 12, 2022, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land together with the buildings thereon, in Wareham (Buzzards Bay), Plymouth County, Massachusetts, bounded and described as follows:

SOUTHEASTERLY by Onset Avenue (formerly County Road) one hundred (100) feet;

SOUTHWESTERLY by Lot 8 on the plan hereinafter mentioned one hundred fifty (150) feet;

NORTHWESTERLY by Lot 13 on said plan one hundred (100) feet; and

NORTHEASTERLY by lot 10 on said plan on hundred fifty (150) feet.

Said parcel is shown as Lot 9 on subdivision plan #357B, drawn by Walter E. Rowley & Associates, Surveyors, dated February 28, 1964 and filed with Certificate of Title No. 17.

The above described premises are conveyed subject to and with the benefit of all rights, restrictions, easements, appurtenances, reservations, and rights of way of record insofar as the same are still in force and applicable.

Grantor hereby releases any and all homestead rights to the within premises, whether created by declaration or operation of law, and further state, under the pains and penalties of perjury, that there are no other persons entitled to any homestead rights to the property being conveyed herein.

Fort title reference see Deed filed herewith.

For mortgagor’s title see deed registered at Plymouth County Registry District of the Land Court as Document Number 769865 and Noted on Certificate of Title Number 126547.

The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession.

Terms of the Sale: Cashier’s or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee’s attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

Rocket Mortgage, LLC FKA Quicken Loans, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
Wilson, John and Bridgett, 22-039728


 

TOWN OF WAREHAM
BOARD OF SELECTMEN
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100
NOTICE OF PUBLIC HEARING

A virtual public hearing will be held within the Board of Selectmen’s Meeting at approximately 7:15 p.m. on Tuesday, October 11, 2022 with the Director of the Department of Natural Resources regarding the amendment to the Town’s General Bylaws by deleting, in its entirety, Division IV, Article 1, Sections 2, 2A and 2B; and further to insert a new Division XIII, Article 1, Titled Waterways Rules and Regulations: a copy of which is on file in the Office of the Town Clerk, or to take any other action thereto.

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Passcode: 962288
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WAREHAM BOARD OF SELECTMEN
Judith Whiteside, Chair
Patricia A. Wurts, Clerk
Ronald S. Besse
Jared S. Chadwick
Alan H. Slavin