Legal Advertisements - Week of April 4, 2024

Apr 4, 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. PL24P0648EA
 
Estate of: Richard M. Rowley
Date of Death: 02/06/2024
 
To all interested persons:
 
A Petition for Formal Adjudication of Intestacy and Appointment of Personal Representative has been filed by Kevin D. Rowley of Marion 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 Kevin D. Rowley of Marion 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 04/29/2024.  
 
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: March 29, 2024
Matthew J. McDonough, Register of Probate

 
CITATION ON PETITION FOR 
PARTITION OF LAND
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth MA 02360
(508) 747-6204
Docket No. PL23E0027PP
 
Property Address: 2830 Cranberry Highway
Wareham, MA 02571
 
To Cathleen E. Beasley of Wareham in the County of Plymouth, and all other persons interested.
 
An amended petition has been presented to said court by Ross S. McKee of Wareham, in the County of Plymouth representing that he holds as joint tenant an undivided part of certain land lying in Wareham in said County and briefly described as follows:
 
The land with the buildings thereon, lying in the Village of Agawam, in the Town of Wareham, Plymouth County, Massachusetts, being a part of the forty-one (41) acre lot of land adjoining the Northerly side of the road that leads from New Bedford to Sandwich, and adjoining the Agawam River, which was conveyed to Benjamin Ellis and Bartlett Murdock by Israel Fearing by deed dated September 1, 1823, and recorded with Plymouth County Registry of Deeds Book 150, Page 110.  The said parcel of land is bounded by lines running as follows:
 
Beginning at a stone post by the said Northerly side of said New Bedford and Sandwich Road, standing in the fence dividing from land now or formerly of the Tremont Nail Company, land formerly of Patrick Stewart, now of Frank G. Gracia; which post is about 23 rods Southeasterly measured along said New Bedford and Sandwich Road from the Southeasterly side of a road running from said New Bedford and Sandwich Road Northeasterly toward Plymouth, Massachusetts, and passing by the former place of residence of Otis Pierce, now deceased; 
 
Thence running over land and through water by the aforesaid fence line of said Gracia and through land and water now or formerly of the Tremont Nail Company to a stake in the pond, North 44° 30’ East 344.0 feet;
 
Thence crossing an old cart road to a stake on the upland near the pond South 44° 15’ East 53.0 feet;
 
Thence South 3° West 148.0 feet to a stake;
 
Thence South 29° 15’ West 237.0 feet to a stone highway bound by the Northerly side of said New Bedford and Sandwich Road;
 
Thence by said last mentioned road North 47° West 209.0 feet to the point of beginning.
 
Comprising one acre and fifty-three square rods, more or less.
 
The street address of the land is 2830 Cranberry Highway, Wareham, MA 02571.
 
Setting forth that he desires that all of said land may be sold at a private sale for not less than $415, 000.00 dollars and praying that partition may be made of all the land aforesaid according to law, and to that end 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 thirteenth day of April 2024, the return day of this citation.
 
Witness Patrick W. Stanton, First Judge of said court this twenty-sixth day of February 2024.
 
Signed, Matthew J. McDonough, Registrar
 
First Notice:  March 28, 2024 
Second Notice:  April 4, 2024
Third Notice:  April 11, 2024

 
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P0089EA 
 
Estate of: Donna Jean Geary
Date of Death: January 3, 2022
 
To all persons interested in the above captioned estate, by Petition of 
 
Petitioner Thomas J. Geary of Salem NH
a Will has been admitted to informal probate.  
 
Thomas J. Geary of Salem NH
 
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.

 
INFORMAL PROBATE
PUBLICATION NOTICE
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Division
Docket No. PL24P0600EA
 
Estate of: Clare C. Onorato
Date of Death: 12/14/2023
 
To all persons interested in the above captioned estate, by Petition of 
 
Petitioner John S. Benco of Holliston, MA
 
a Will has been admitted to informal probate.  
 
John S. Benco of Holliston, 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.

 
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 April 24, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 12-24 for a Variance from the requirements of Article 11, Section 1172 under the Wareham Zoning By-Laws, to Sign Design, Inc. of 170 Liberty Street, Brockton, MA seeking to install a new pylon sign for Rojo Car Wash located at, 4 Tow Road, Wareham, MA (Assessors Map 108, Lot 3A) in the IND zoning district.
 
Nazih Elkallassi, Chairman
First Notice:  April 4, 2024
Second Notice: April 11, 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 April 24, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition #10-24 for an Appeal of Building Inspector Notice Of Violation per the requirements of Article 3, Table 320 under the Wareham Zoning By-Laws, to Joseph Sergi c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA for the property located at, 2 Sarahbeth Lane, Wareham, MA (Assessors Map 114D, Lot SB1) in the R130 zoning district.
 
Nazih Elkallassi, Chairman
First Notice: April 4, 2024
Second Notice: April 11, 2024

 
NOTICE OF MORTGAGEE’S 
SALE OF REAL ESTATE
 
Premises: 41 Cleveland Way, Wareham, MA 02571
 
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Kent O Haven and Esmin Haven to U.S. Bank National Association ND, and now held by U.S. Bank National Association as successor by merger to U.S. Bank National Association ND, said mortgage dated May 12, 2010 and recorded in the Plymouth County Registry of Deeds in Book 38531, Page 80, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on May 16, 2024 at 12:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: 
 
The land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts being more particularly described as follows:
 
Being shown as Lot 12B and Lot 13 on plan of land entitled “Division’ Plan of Land Prepared For Secundine C. Civotti et al, Gilbert Silva, LLb/P.E., 22 Sippican Road, Wareham, MA Land Surveyor, Scale 1” =40’ October 16, 1980,” said plan being duly recorded with the Plymouth County Registry of Deeds as Plan 172 of 1981.
 
For title reference see deed recorded September 15, 1999 in Book 17867 at Page 135 of the Plymouth County Registry of Deeds.
 
PROPERTY ADDRESS:
41 Cleveland Way
Wareham, MA 02571
 
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 deed dated September 15, 1999 and recorded in the Plymouth County Registry of Deeds in Book 17867, Page 135.
 
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
23 Messenger Street
2nd Floor
Plainville, MA 02762
Attorney for U.S. Bank National Association as successor by merger to 
U.S. Bank National Association ND
Present Holder of the Mortgage
(401) 217-8701 

 
THE COMMONWEALTH OF 
MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF 
TRANSPORTATION – HIGHWAY DIVISION
NOTICE OF A PUBLIC INFORMATIONAL MEETING
Project File No. 613005
 
A Live Virtual Public Informational Meeting will be hosted on the MassDOT website below to present the design for the proposed District 5: Bridge Bundle project in Duxbury, Lakeville, Mansfield, Plymouth, Wareham, MA.
 
WHEN: Tuesday, April 9, 2024 at 6:00 PM
 
PURPOSE: The purpose of this meeting is to update the public on the design and discuss construction activities for the proposed District 5: Bridge Bundle Design-Build project in Duxbury, Lakeville, Mansfield, Plymouth, Wareham. All views and comments submitted in response to the meeting will be reviewed and considered to the maximum extent possible.
 
PROPOSAL: The proposed project consists of rehabilitating eight (8) bridges, including replacing bridge decks, at six (6) locations throughout District 5 in Bristol and Plymouth Counties to improve the safety and life span of the bridges. The bridges cross over Route 3, Route 25, Route 140, Plimoth Patuxet Highway, and Copeland Drive. Locations may also include preservation activities involving full cleaning and painting of structural steel, steel repairs, bearing replacements, substructure repairs, and other ancillary repairs. 
 
The project team will give a presentation to start the meeting, and then participants will have a chance to ask questions. Attendance is open to all area business owners, abutters, residents, and interested commuters. To receive project updates, all attendees must sign in to the meeting and provide their email address. Their information will be added to the project’s email database.
 
Project inquiries, written statements, and other exhibits regarding the proposed undertaking may be submitted to Carrie E. Lavallee, P.E., Chief Engineer, via e-mail to DOT.FeedbackDistrict5@dot.state.ma.us or via US Mail to Suite 7210, 10 Park Plaza, Boston, MA 02116, Attention: Major Projects, Project File No. 613005.
 
This meeting is accessible to people with disabilities. MassDOT provides reasonable accommodations and/or language assistance free of charge upon request (e.g interpreters in American Sign Language and languages other than English, live captioning, videos, assistive listening devices and alternate material formats), as available.  For accommodation or language assistance, please contact MassDOT’s Chief Diversity and Civil Rights Officer by phone (857-368-8580),  TTD/TTY at (857) 266-0603, fax (857) 368-0602 or by email (MassDOT.CivilRights@dot.state.ma.us).  Requests should be made as soon as possible and prior to the meeting, and for more difficult to arrange services including sign-language, CART or language translation or interpretation, requests should be made at least ten business days before the meeting.  
 
This meeting will be hosted, or a cancellation announcement posted, on the internet at https://www.mass.gov/orgs/highway-division/events 
 
JONATHAN GULLIVER                                                                                      CARRIE E. LAVALLEE, P.E.
HIGHWAY ADMINISTRATOR
CHIEF ENGINEER
 

THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 001027
ORDER OF NOTICE
 
To:
Karen Walsh
 
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
 
Signature Lending, LLC
 
claiming to have an interest in a Mortgage covering real property in Wareham, Massachusetts, numbered 615 Main Street, given by 1111 Tipping Point LLC to Signature Lending, LLC, dated June 16, 2023, and recorded in Plymouth County Registry of Deeds in Book 58013, Page 22, 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 4/29/2024, 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 3/15/ 2024
Attest: Deborah J. Patterson
Recorder