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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
April 28, 2006     Barnstable Patriot
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April 28, 2006
 
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EVENTS CALENDAR CONTINUED FROM PAGE C:6 Thornton W. Burgess Society/Green Briar Nature Center (6 Discovery Hill Road in East Sandwich. 508-888-6870. Winter hours are Tuesday through Saturday from 10 a.m. to 4 p.m., through mid-April. Critter Capers is held every Friday at 10:30 a.m. when a naturalist leads a tour to visit the resident animals. And every Saturday morning at 10:30, it's Animal Story Time with stories about Peter Rabbit and friends. Every Tuesday and Friday morning at 10:30, a volunteer leads walks in the Shirley G. Cross Wildflower Garden. Attention! An art exhibit, "Picturing New England Wild- life," illustrations and paintings by Harrison Cady, illustrator for the Burgess books, is on display at the society. Notice: Sign up now for summer programs for ages four and up. Canoeing, crafts , tidal pools, woodland safari, dinosaurs, bugs and more. Programs run July 5 through August. Museum open for the season May 1 from 10 a.m. to 4 p.m. on Monday through Saturday and from 1 to 4 p.m. on Sunday. Admission is by donation. • April 29: Patricia Gonser entertains the whole family when she discusses whales at 1 p.m. • May 10: Learn to make cranberry rum relish at 6:30 p.m. Materials provided. • May 13: Full moon walk to explore nature under the sky during the Flower Moon, 7 p.m. Cape Cod Museum of Natural History (508-896-3867 , Route 6A in Brewster) Nature walks, talks, les- sons, trips, a museum shop and library, family programs and more are offered. Current exhibits include an interactive coastal exhibit, marine exhibits, birds, more. • May 4: Field guide train- ing for walk leaders from 9 a.m. to 2 p.m. Learn about the gardens, woods, salt marsh, animals and more. • May 11: Training for Mud- flat Mania begins today at 9:30 a.m. and runs for the next three Thursdays. Learn about the creatures living on the flats. Massachusetts Audubon Society, Ashumet and Long Pasture Wildlife Sanctuary (508-362-1426 , call for de- tailed information) Massachusetts Audubon Society, Wellfleet Bay Wildlife Sanctuary (508-349-2615 , Route 6 in Wellfleet, call for a complete schedule of events) Special notice: The Birding Cape Cod guide has been up- dated by the Audubon Society and the Cape Cod Bird Club. • April 28: Learn about the mechanics of flight at 1 p.m. • April 30: Join staff and ex- plore Pilgrim Heights in search of the Eastern Massachusetts Hawk. Depart the sanctuary at 9 a.m. • May 3: Warbler Wednes- day: hike Beech Forest in Prov- incetown to spy on the warbler and other migrating birds. Meet at 7:30 a.m. • May 6: Hawk watching at Pilgrim Heights with leader, 9 a.m. to 3 p.m. Or, explore the sanctuary and look for signs of spring at 10 a.m. Chatham seal cruise at 10:30; call for pre- registration . Massachusetts Audubon Society, Long Pasture Wildlife Sanctuary (Cummaquid , 508-362-1426) Waquoit Bay Reserve {508-457-0495 , Route 28, East Falmouth) • Professional development courses for educators in fish- ing, oceans and coasts, salt water studies, whales, local water issues, coastal habitats and more being held this winter and spring. Call now for details. Cape Cod Wildlife Center (185 Meadow Lane, West Barnstable, 508-362-0111 , COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 321010 TO Evandro DeCastro and to all persons entitled to the benefit of the Servicemem- bers CivilRelief Wells Fargo Bank . National Association on behalf of Morgan Stanley ABS Capital IInc Trust 2005-WMC3 claim- ing to be the holder of a Mortgage covering real property inCenterville numbered 276 Phinneys lane given by Evandro DeCastro to Mortgage Electronic Registration Sys- tems . Inc acting solely as nominee for WMC Mortgage Corp dated December 10 2004 and recorded with the Barnstable County Registry of Deeds in Book 19333 Page 125 and now held by the Plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefitsof the Servicemembers CivilRelief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 22 day of May 2006 or you may be foreve r barred from claiming that such foreclosure is invalid under said act Witness KARYN F SCHEIER Chief Justice of said Court this 10 day of April 2006 Deborah J Patterson Recorder The Barnstable Patriot April 28. 2006 THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0505EP1 Estate of RICHARD C ADAMS Late of BARNSTABLE (CENTERVILLE) In The County of BARNSTABLE Date of Death March 15 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate a petition has been presented praying that a document purporting to be the last will of said decedent be proved and allowed and that RON S JANSSON ESQUIRE of YARMOUTH (PORT) in the County of BARNSTABLE be appointed executor named in the will to serve without surety IF YOU DESIRE TO OBJECT THERETO . YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O CLOCK IN THE FORENOON (10 00 AM) ON MAY 9, 2006. In addition you must file a written affidavit of ob|ections to the petition stating specific facts and grounds upon which the ob|ection is based within thirty (30) days after the return day (or such other time as the court on motion with notice to the petitioner may allow) in accordance with Probate Rule 16 WITNESS. HON ROBERT E TERRY ESQUIRE. First Justice of said Court at BARNSTABLE this day. April 11 2006 FREDERIC P CLAUSSEN Register of Probate The Barnstable Patriot April 28 . 2006 j legal ads to I legalscgbarnstablepatriot.corn j NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE Premises 800 Bearses Way Unit #1NE Cape Crossroads Condominiun Barnstable (Hyannis) Massachusetts By virtue and in execution of the Power of Sale contained in a certain mort- gage given by Joanne C Chalifoux a/k/a Joanne C McPhee and Jason M McPheeto Household Finance Corporation II and now held by Jomax LTD said mortgage dated September 10 2003 and registered with the Barnstable County Registry District of the Land Court as Document No 940867 as noted on Certificate of Title No C33-1NE for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at on May 25. 2006 at 10 00 a m Local Time upon the premises all and singular the premises described in said mortgage to wit The following property in Barnstable Massachusetts A certain condominium unit situated in Barnstable (Hyannis) Barnstable County Massachusetts more particularly described as follows Unit No 1NE of Cape Crossroads Condominium created by Master Deed dated March 3 1976 recorded with the Barnstable County Registry District of the Land Court as Document No 204 841 noted on Certificate of Title C33-1NE The condominium is shown on land Court Plan 30582-E-1 Being the same property conveyed from Norman Pomarantz and Frances B Pomarantz to Joanne C Chalifoux by Deed recorded March 25. 2002 m Document No 865 785 in the Register s Office of Barnstable 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 deed dated March 25 2002 and registered with the Barnstable County Registry District of the Land Court as Document No 865 785 and noted on Certificate of Title No C33-01NE Said Unit will be conveyed together with an undivided percentage interest in the Common Elements of said Condominium appurtenant to said Unit and together with all rights easements covenants and agreements as contained and referred to in the Declaration of Condominium as amended 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 SUBJECT TO Apnor mortgage dated March 25 2002 and registered with the Barnstable County Registry District of the Land Court as Document No 865 786 and noted on Certificate of Title No C33-01NE SUBJECT TO A prior mortgage dated March 25 2002 and regis- tered with the Barnstable County Registry District of the Land Court as Document No 865 787 and noted on Certificate of Title No C33-01NE FIVE THOUSAND (S5 000 00) Dollars of the purchase price must be paid in cash certified check bank treasurers 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 treasurers or cashier s check within thirty (30) days after the date of sale Other terms to be announced at the sale Shechtman Halperm Savage LLP 1080 Main Street Pawtucket , Rl 02860 Attorney for Jomax Ltd Present Holder of the Mortgage (401)27 2-1400 The Barnstable Patriot April 28 May 5 and May 12. 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 321222 To Henry L Smith, Jr and to all persons entitled to the benefit of the Servicemem- bers Civil Relief Act Deutsche Bank National Trust Company as Trustee of Amenquest Mortgage Securities. Inc Asset Backed Pass Through Certificates Series 2005-R10 under the Pooling and Servicing Agreement dated as of Novem- ber 1. 2005 without recourse claiming to be the holder of mortgage covering real property in Centerville numbered 13 Huck- ms Neck Road given by Henry L Smith. Jr to Amenquest Mortgage Company dated September 23 , 2005 Recorded with the Barnstable County Registry of Deeds at Book 20313 Page 90 and now held by plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 29 day of May 2006 or you may be forever barred from claiming that such foreclosure is invalid under said act Witness . KARYN F SCHEIER . Chiel Justice of said Court this 11 day of April 2006 Deborah J Patterson Recorder The Barnstable Patriot April 28 2006 THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0529EP1 Estate of SHIRLEY B FLYNN A/K/A SHIRLEY BLAIR FLYNN Late of BARNSTABLE (HYANNIS) In The County of BARNSTABLE Date of Death March 9 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate a petition has been presented praying that a document purporting to be the last will of said de- cedent be proved and allowed, and that MARTIN D FLYNN of BARNSTABLE (MARSTONS MILLS) in the County of BARNSTABLE be appointed executor named in the will to serve without surety IF YOU DESIRE TO OBJECT THERETO YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O CLOCK IN THE FORENOON (10 00 AM) ON MAY 4. 2006. In addition you must file a written affidavit of objections to the petition stating specific facts and grounds upon which the objection is based, within thirty (30) days after the return day (o- such other time as the court on motion with notice to the petitioner may allow) in accordance with Probate Rule 16 WITNESS HON ROBERT E TERRY ESQUIRE First Justice of said Court at BARNSTABLE this day April 13 2006 FREDERIC P CLAUSSEN Register of Probate The Barnstable Patriot April 28 2006 Subscribe Today (508) 771-1427 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 320403 TO Andrew C Dionne, Colette L Dionne and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Mortgage Electronic Registration Systems. Inc claiming to bethe holderof a Mortgage covering real property in Sagamore Beach (Bourne), numbered 39 Siasconset Drive given by Andrew C Dionne and Colette L Dionne to Mortgage Electronic Registration Systems . Inc., dated November 5. 2004. and registered with the Barnstable County Registry District ofthe LandCourt as Docu- ment No 985653 and noted on Certificate of Title No. 159559 hasfiledwithsaid court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefitsofthe Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 29" day of May 2006 or you may be forever barred from claiming that such foreclosure is invalid under said act Witness. KARYN F SCHEIER , Chief Justice of said Court this 12" day of April 2006 Deborah J Patterson Recorder The Barnstable Patriot April 28 . 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 321821 TO AlmenndoP Reis FilhoAlzize Ferreira DaSilva and to all persons entitled to the benefitof the Servicemembers Civil Relief Act Wells Fargo Bank. N A as Trustee for the MLMI Trust Series 2005-FM1 claiming to be the holder of mortgage covering real property in Marstons Mills numbered190 Wihmantic Drive, given by Almenndo P Reis Filho to Fremont Investment & Loan by and through its nominee Mortgage Electronic Registration Systems . Inc. dated April 22. 2005 and recorded with the Barnstable County Registry District of Deeds in Book 19754 Page 121. and now held by Plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale. If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 5' day of June 2006 or you may be forever barred from claiming thatsuch foreclosure is invalid under said act. Witness . KARYN F SCHEIER Chief Justice of said Court this 24 r day of April 2006. Deborah J Patterson Recorder The Barnstable Patriot April 28. 2006 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and in execution ofthe Power of Sale contained in a certain Mortgage given by Cythina Chaplic and John F Chaplic to Amenquest Mortgage Company dated October 23 2004 and Recorded with the Barnstable County Registry of Deeds at Book 19218 Page 1 of which Mortgage the undersigned is the present holder by assignment for breach ofthe conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 9.00 AM on the 18 day of May 2006 at 90 Cranberry Lane, Centerville. Massachusetts 02632, all and singular the premises described in said Mortgage , to wit ALL THAT PARCEL OF LAND IN BARNSTABLE COUNTY, COMMONWEALTH OF MASSACHUSETTS, AS MORE FULLY DESCRIBED IN DEED BOOK 18757, PAGE 309, ID#234-020, BEING KNOWN AND DESIGNATED AS LOT 2, FILED IN PLAT BOOK 172, PAGE 51. BY FEE SIMPLE DEED FROM CYNTHIA CHAPLIC AS SET FORTH INBOOK 18757 PAGE309 DATED06/10/2004 AND RECORDED 06/25/2004,BARNSTABLECOUNTY RECORDS, COMMONWEALTH OF MASSACHUSETTS. The premises are to be sold subject to and with the benefit of all easements, restric- tions, building and zoning laws unpaid taxes , tax titles water bills municipal liens and assessments , rights of tenants and parties in possession TERMS OF SALE Adeposit of FIVE THOUSAND DOLLARS AND 00CENTS ($5 ,000 00)shall be required to be paid to the mortgagee in cash, by certified or bank s cashier check at the time and place of sale The balance of the purchase price is to be paid in cash by certified check or by bank s cashier check in or within thirty (30) days from the date of the sale TIME WILL BE OF THE ESSENCE. Other terms if any. to be announced at the sale Deutsche Bank National Trust Company as Trustee of Amenquest Mortgage Securities. Inc Asset Backed Pass Through Certificates Series 2004-R11 under the Pooling and Servicing Agreement dated as of December 1. 2004 without recourse Present Holder of said Mortgage By Its Attorneys Barron & Stadefld, PC Thomas V Bennett 100 Cambridge Street Suite 1310 Boston MA 02114 617-723-9800 The Barnstable Patriot April 14. April 21 and April 28 2006 TOWN OF BARNSTABLE OLD KING'S HIGHWAY HISTORIC DISTRICT NOTICE OF PUBLIC HEARING MAY 10, 2006 To all persons deemed interested or affected by the Town of Barnstable s Old King s Highway Historic District Act under Section 9 of Chapter 470, Acts of 1973 as amended You are hereby notified that a hearing will be held on Claus, Clyde & Eleanor. 3688 Main Street, Barnstable, Map 317 Parcel 024 Exterior paint Lyons, Peter. 95 Harbor view red, Barnstable, Map 319. Parcel 050 Windows Kula, Paul 342 Marstons Lane. Barnstable. Map 349. Parcel 092 Windows . Pool & Fence Lamb, Albert, 43 Scudder Lane, Barnstable. Map 258, Parcel 012 Garden Structure & Stonewall Couture, Edmond & Tammy, 122 Cedar Street. West Barnstable. Map 130, Parcel 010 Addition & Alterations Grande , Stephen, 4040 Main Street , Barnstable. Map 336. Parcel O72-O0A Attached Garage Bates, Davis. 93 Salten Point Road. Barnstable. Map 280. Parcel 018 Demolish existing house Bates. Davis, 93 Salten Point Road. Barnstable. Map 280. Parcel 018 New House Brown, Alan & Erica. 4131 Main Street. Barnstable. Map 351. Parcel 050 Demolish existing house Brown,Alan & Erica. 4131 Main Street. Barnstable. Map 351 , Parcel 050 New House These hearings will be held in the Community Building 2377 Meetinghouse Way (Route 149) West Barnstable MA. at 7 00 PM on Wednesday May 10 2006 All applications and plans may be reviewed at the Town of Barnstable Planning Division Office of Old Kings Highway Historic District Town Offices 200 Main Street Hyannis MA Patricia Anderson Chairman The Barnstable Patriot April 28 2006 I I 1 BE SURETO SAY THANKS' FOR US...^T* When You Patronize Our Advertisers! f ) 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 Patricia H Cummings to Accredited Home Lenders, Inc dated May 15. 2001 and recorded with the Barnstable County Registry of Deeds at Book 13850 . Page 290. of which mortgage Select Portfolio Servicing. Inc 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 12:00 PM on May 15, 2006, on the mortgaged premises located at 501 Oakland Road. Hyannis , MA 02601, all and singular the premises described in said mortgage. TO WIT The landwith the buildings thereon situated inBarnstable (Hyannis). Barnstable County. Commonwealth of Massachusetts bounded and described as Easterly by the Westerly sideline of Oakland Road, as shown on a plan hereinafter mentioned One Hundred and Thirty Five and 00/100 (135 00) feet. Southerly by Lot 11 as shown on said plan, One Hundred and thirty and 33/100 (130 33) feet. Westerly by land formerly of VE Jones as shown on said plan. One Hundred and Thirty-Five and 00/100 (135 00) feet, and Northerly by Lot 13. as shown on said plan. One Hundred and Thirty One and 19/100 (131. 19) feet Being shown as Lot 12 on plan of land entitled. Subdivision of Land in Hyannis. Massachusetts, for Saul M Taffae. et ux . Scale 1" = 60' . July 1966. David H Greene.Surveyor, Hyannis.Massachusetts", said plan being duly filedwith the Barnstable County Registry of Deeds in Plan Book 206 Page 57 There is a granted as appurtenant to the above described premises a right of way over Oakland Road to be used for all purposes for which ways are commonly used in the Town of Barnstable and to be used in common with all others who are now or may hereafter become legally entitled hereto The above described premises are conveyed subject to restrictions as set forth in a deed from Saul M Taffae and Helen E Taffaeto Joseph F Coughlm, which said deed is fully recorded with 'he Barnstable County Registry of Deeds in Book 1449 Page 252 For our Title, see deed to us dated March 25. 1971, recorded in the Barnstable County Registry of Deeds in Book 1504 Page 766 For mortgagor s(s ) title see deed recorded with Barnstable County Registry of Deeds in Book 10450 Page 342 These premises will be sold and conveyed subject to and with the benefit of all rights . rights of way. restrictions , easements, right of ways , 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,whetheror not reference to such restrictions, easements, improvements, liens, or encumbrances is made in the deed TERMS OF SALE Adeposit of TEN THOUSAND ($10,000 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 ABLITT&CHARLTON, PC. 92 Montvale Avenue Suite 2950 Stoneham MA 02180. other terms and conditions will be provided at the place of sale 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 Present holder of said mortgage By its Attorneys. Brian T LaManna Esq ABLITT & CHARLTON, PC. 92 Montvale Avenue. Suite 2950 Stoneham. MA 02180 (781) 246- 8995. Dated 04/12/2006 (61 0626/Cummings)(04/21/06 04/28/06 05/05/06)(67713) The Barnstable Patriot April 21 April 28 and May 5 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.. 320849 TO: LouAnnA Calogero and toall persons entitled to the benefit of the Servicemem- bers Civil Relief Act Wells Fargo Bank N A , successor by merger to Wells Fargo Home Mortgage. Inc claiming to be the holder ofa Mortgage covering real property in Hyannis (Barnstable), numbered 39 Pine GroveAvenuegivenbyLouAnnA Calog- ero to Wells Fargo Home Mortgage . Inc . datedJanuary 26 2004. and recorded with the Barnstable County Registry of Deeds at Book 18174. Page 24 has filedwith said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefits ofthe Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 22 day of May 2006 or you may be forever barredfrom claiming that such foreclosure is invalid under said act. Witness. KARYN F SCHEIER . Chief Justice of said Court this 10' day of April 2006. Deborah J Patterson Recorder The Barnstable Patriot April 28. 2006 CONTINUED ON PAGE C 8 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 320890 TO Paul E Nolan. Angela M Nolan and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Option One Mortgage Corporation claiming to be the holder of a Mortgage covering real property inBourne, numbered 9Lakewood Circle given by Paul E Nolan and Angela M NolantoOptionOne Mortgage Corpora- tion dated October9 2003 and registered with the Barnstable County Registry District of the Land Court as Document No 944211 and noted on Certificate of Title No 170870 has filed with said court a complaint for authority to foreclose said mortgage in the manner following by entry and possession and exercise of power of sale If you are entitled to the benefits ofthe Servicemembers Civil Relief Act as amended and you object to such foreclosure you or your attorney should file a written appearance and answer in said court at Boston on or before the 29" day of May 2006 or you may be forever barred from claiming that such foreclosure is invalid under said act Witness KARYN F SCHEIER Chief Justice of said Court this 12' day of April 2006. Deborah J Patterson Recorder The Barnstable Patriot April 28. 2006