Legal Advertisements - Week of October 17, 2024

Oct 17, 2024

THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 003574
ORDER OF NOTICE

To:
Michele Traver as Personal Representative of the Estate of Diana L. Thompson; Kevin Thompson; Kevin Thompson, Personal Representative of the Estate of Diana L. Thompson; Michele Traver, Trustee of the Kevin Thompson Family Trust; Stephen B. Mooney, Trustee of the Kevin Thompson Family Trust; Michele Traver

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 7 Cranberry Lane, given by Diana L. Thompson to Mortgage Electronic Registration System, Inc., as nominee for Reverse Mortgage Funding LLC, dated June 21, 2022, and recorded in the Plymouth County Registry of Deeds in Book 57008, Page 34, 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 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 09, 2024.
Attest:
Deborah J. Patterson
Recorder
26590


TOWN OF WAREHAM
BOARD OF HEALTH
54 MARION ROAD
WAREHAM, MASSACHUSETTS 02571
(508) 291-3100

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Wareham Board of Health will hold a public hearing to discuss proposed changes in the Town Rental Regulations.

The changes may include but not be limited to: increase in rental fees and fining for violations related to rental housing.

It is ordered: That a virtual public hearing be held on said regulations within the Board of Health Meeting at approximately 5:00 p.m. on the 23rd of October, 2024. Meeting to be held in room 37 at 54 Marion Road, as well as via remote access

A copy of the proposed changes is on file with the Town Clerk’s office. To join meeting: ZOOM LINK
https://us02web.zoom.us/j/83427615475?pwd=zn5L28nNLamX4wOPy45ZJxZkMEihba.1
Meeting ID: 834 2761 5475
Passcode: 347983


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 reconsider Petition # 21-23 for a Repetitive Petition for a Site Plan Review, Special Permit, and a Variance from the requirements of Article 3, Section 320 and Article 15 Section 1520 under the Wareham Zoning By-Laws, to Angela McKeowen, Trustee of 388 Main Street Realty Trust c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing three (3) duplexes to an already existing 4 family located at, 386 Main Street, Wareham, MA (Assessors Map 61, Lot 1079) in the WV-2 zoning district.
 
Nazih Elkallassi, Chairman
 
First Notice: October 10, 2024
Second Notice: October 17, 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. PL24P2347EA
 
Estate of: Todd J Barboza
Also known as:Todd Barboza, Todd Joseph Barboza
Date of Death: 04/27/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Brianne A Barboza of West 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 Brianne A Barboza of West Wareham MA 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 11/01/2024.  
 
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 02, 2024
Matthew J. McDonough, Register of Probate

INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P2364EA
 
Estate of: Robert William Stella
Date of Death: 04/04/2024
 
To all persons interested in the above captioned estate, by Petition of 
 
Petitioner Stacy Stella of Wareham MA
a Will has been admitted to informal probate.  
 
Stacy Stella 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.
 

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. PL24P2398EA
 
Estate of: Cheryl Elaine Lemmons
Date of Death: 08/06/2011
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Karen D Lemmons of Waltham 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 Karen D Lemmons of Waltham 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 11/08/2024.  
 
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 09, 2024
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. PL87P0982-E1
 
In the matter of: Ernst Halberstadt
 
To all interested persons:
 
A Petition has been filed by David Halberstadt of Onset MA requesting Termination of the Trust. 
 
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.  
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: October 07, 2024
Matthew J. McDonough, Register of Probate

 
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket 24 SM 003431
ORDER OF NOTICE
 
To:
Robert F. Famulari AKA Robert Famulari; Joanne M. Famulari AKA Jo-Anne Famulari
 
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
 
U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMTP Trust, Series 2019-C,
 
claiming to have an interest in a Mortgage covering real property in Wareham, numbered 21 Weston Avenue, given by Robert F. Famulari and Joanne M. Famulari to Bank of America, NA, dated March 27, 2008, and recorded in Plymouth County Registry of Deeds in Book 35985, Page 205, 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 11, 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 September 26, 2024.
 
Attest: Deborah J. Patterson, Recorder
24-003889

 
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 003555
ORDER OF NOTICE
 
To:
Peter D Fernandes Jr; Brianna Fernandes
 
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
 
Santander Bank, N.A.
 
claiming to have an interest in a Mortgage covering real property in West Wareham (Wareham), numbered 2293 Cranberry Highway, given by Peter D. Fernandes to Santander Bank, N.A., dated January 9, 2017, and recorded at Plymouth County Registry of Deeds in Book 48023, Page 95, 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 18, 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 7, 2024
Attest: Deborah J. Patterson
Recorder

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 Depot Auto Service, LLC (the “Mortgagor”) to Michael C. Campbell (the “Mortgagee”) dated May 10, 2022 and recorded May 31, 2022 with the Plymouth County Registry of Deeds in Book 56866, Page 110, 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 11 o’clock A.M. on the 30th day of October, 2024 (the “Auction Sale”) at 447 Onset Avenue, Wareham, Plymouth County, Massachusetts, the premises described in said mortgage (the “Premises”),

To wit:

PARCEL 1
That certain parcel of land, together with the Onset Station building thereon, situated at the corner of Onset Avenue and Great Neck Road in that part of the Town of Wareham known as Onset, County of Plymouth; Commonwealth of Massachusetts, delineated and shown as Parcel No. 1 on plan entitled: “New York, New Haven and Hartford Railroad-Office of Engineer-Real Estate Surveys-Land in Wareham. Mass., to be conveyed to Mary Pulanski, Scale 1”-50’, Oct. 1951”, said plan recorded with Plymouth County Registry of Deeds, Book 2259, Page 452, and bounded and described as follows:

Northerly 358.29 feet, more or less, by that parcel of land delineated and shown on said plan as Parcel No. 2 hereafter described, and easterly 33 feet by remaining railroad land in a line which begins at a point in the southeasterly line of Great Neck Road distant 33 feet southerly, measured at right angles, from the monumented base line of the said railroad from Middleboro to Buzzards Bay, and thence runs easterly, parallel to said base line, to a point distant 33 feet southerly, measured at right angles, from and base line at station 893 + 16.35, and thence runs southerly to a point distant 66 feet southerly measured at right angles, from said base line at said station 893 + 16.35; Southeasterly 54.24 feet, more or less, by land now or formerly of Onset Bay Grove Association; Southerly 361.37 feet, more or less, by land now or formerly of Mary Pulanski in a line parallel to and distant 118 feet southerly measured at right angles, from said base line; and Westerly 19.74 feet, more or less, and northwesterly 69.67 feet, more or less, respectively, by Onset Avenue and Great Neck Road as laid out and established prior to a relocation thereof under a decree of the Plymouth County Commissioners, dated May 21, 1946, and recorded at the Registry of Deeds for said County of Plymouth, in Book 1925, Page 35.

Containing 31,211 square feet, more or less.
Said described parcel is conveyed subject to said relocation dated May 21, 1946, and to the existing Zoning Law, if any, of said Town of Wareham .

PARCEL 2
That parcel of land delineated and shown on said plan as Parcel No. 2 bounded and described as follows:
Northerly 352.63 feet, more or less, be remaining railroad land in a line parallel to and distant 17 feet southerly, measured at right angles, from said base line;
Easterly 16 feet by remaining railroad line in a line erected at right angles to said base line at said station 893 + 16.35;
Southerly 358.29 feet by said described Parcel No. l; and Northwesterly 16.97 feet, more or less, by Great Neck Road. Containing 5,687 square feet, more or less.
This deed shall not be effective to convey the block signal facilities, the communication wire line and the poles which support said line to Parcel 2 above described.
Both of said parcels are conveyed subject to all rights, privileges and easements in fee of the Trustees of the property of the Penn Central Transportation Company, debtor, successor to the said New York, New Haven and Hartford Railroad Company to Mary Pulanski dated February 11, 1953, and recorded in Plymouth County Registry of Deeds, Book 2259, Page 452.

PARCEL 3
A certain parcel of land with any buildings thereon, situated on the easterly side of Onset Avenue, in Wareham, Plymouth County, Massachusetts, being shown as Lot 1001 on a plan entitled “Plan of Land prepared for Frank and Alexander Pulanski, Depot Street, Onset Avenue, East Wareham, Massachusetts, dated December 13, 1979, Robert A. Braman, Civil Engineer & Surveyor, 444 Main Street, Wareham, Mass.” recorded with Plymouth County Registry of Deeds in Plan Book 21, Page 385.

Beginning at a concrete bound situated in the easterly sideline of Onset Avenue at the most northerly comer of the lot to be described:

thence South 73° 17’ 50” East, three hundred fifty-four and 94/100 (354.94) feet by other land now or formerly of Lionel J. Lacasse to an iron pipe and land now or formerly of Edwin and Elizabeth Ames;
thence in a southwesterly direction, thirteen and 55/100 (13.55) feet to a point;
thence Westerly, Southerly, and Southwesterly, three hundred sixty-five and no/100 (365.0) feet more or less by Beaver Dam Pond to an iron pipe;
thence North 52° 00’ 50” West, eighty-six and 29/100 (86.29) feet to a concrete bound;
thence North 13° 27’ 20” West, by the easterly sideline of Onset Avenue, fourteen and 62/100 (14.62) feet to a County Bound;
thence by the easterly sideline of Onset Avenue by a curve to the right with a radius of 942.29 feet, a distance of two hundred ten and 69/100 (210.69) feet to a County Bound;
thence continuing in the easterly sideline of Onset Avenue by a curve to the right, having a radius of 228.24 feet, a distance of fifty-eight and 83/100 (58.53) feet to a concrete bound and point of beginning.
Said lot 1001 contains according to said plan, 1.27 acres, more or less.
Together with all rights, privileges and easements connected therewith and subject to restrictions and easements of record and are hereby conveyed subject to restrictions and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be in force and appliable.

In the event of any typographical error set forth in the legal description herein of the Premises, the descriptions as set forth and contained in the Mortgage shall control by reference.
The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date.
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.
The Premises will be sold and conveyed together with all the improvements now or hereafter erected on the Premises and all easement rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the Premises. All replacements and additions shall also be covered by this sale.
In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the Premises to the second highest bidder, provided that the second highest bidder shall deposit with Mortgagee’s attorney, Giangrasso Law LLC, the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second highest bidder within twenty (20) days of said written notice.
Terms of sale: An initial 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 the sale. The balance is to be paid by certified or bank check at the office of Giangrasso Law LLC, 62 Walnut Street, Suite 6, Wellesley, MA 02481within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. To qualify to bid, potential bidders must demonstrate that they have the required deposit in hand. The successful bidder shall be required to sign a Memorandum of Sale containing the foregoing terms at the Auction Sale. No deposit shall be required to be paid by the undersigned holder as a high bidder.
Other terms, if any, to be announced at the time and place of the sale.

MICHAEL C. CAMPBELL
Present Holder of Said Mortgage
By its attorneys,
Giangrasso Law LLC
62 Walnut Street, Suite 6
Wellesley, MA 02481
By: David A. Giangrasso, Esq.
(781)-328-9099