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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
June 9, 2006     Barnstable Patriot
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June 9, 2006
 
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COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 05P1627EP1 Estate of RICHARD W HYNES Late of BARNSTABLE (OSTERVILLE) In the County of BARNSTABLE Date of Death May 9 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate , an amended petition has been presented praying that a docu- ment purporting to be the last will of said decedent be proved and allowed, and that MARY BENHAM of GLOUCESTER inthe County of ESSEX 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 INSAIDCOURTAT BARNSTABLEONOR BEFORE TEN O'CLOCK IN THE FORE- NOON (10 00 AM) ON JULY 5. 2006 In addition, you must file a written af- fidavit of objections to the petition stating specific facts and grounds upon which the objection 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 June 5, 2006 FREDERIC P CLAUSSEN Register of Probate The Barnstable Patriot June 9, 2006 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0631EP1 Estate of SALVATORE FRANK JR Late of BARNSTABLE (HYANNIS) In the County of BARNSTABLE Date of Death March 24 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate , an amended petition has been presented praying that a document purporting to be the last will of said decedent be proved and allowed and that BARBRAA DESMOND of YORK in the Stateof MAINE 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 JUNE 20. 2006 In addition, you mustfile awrit- ten affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based within thirty <30)daysafterthe return day (or such other time as the court , on motion with notice to tne petitioner may allow) in accordance with Probate Rule 16 WITNESS, HON ROBERT E TERRY ESQUIRE. First Justice of said Court at Barnstable this day. May 23 2006, FREDERIC P. CLAUSSEN Register of Probate The Barnstable Patriot June 9, 2006 medical ^¦"'^¦ ^ reserve AWm corps ^ ^ Be informed. Be prepared. Be a volunteer. Emergency preparedness is everyone 's responsibility www.capecodmrc.org 508-394-6811 ; PLEASE SUPPORT OUR ADVERTISERS... They're Your Friends and Neighbors! ' UIIIIWIWI I Ull lllll II II MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Craig M Lord and Nancy L. Maroney to Homeowners Loan Corp. dated February 28, 2004 filed and registered in the Barnstable County Registry District of the Land Court as document No, 961526, as noted on Certificate Title No. 145089, which mortgage was assigned to JP Morgan Chase Bank , N.A., As Trustee For CDC Mortgage Trust 2004-HE3 and registered in the Barnstable County Registry District of the Land Court as Document No 1,021 ,393 by instrument dated November 10, 2005, of which mortgage the undersigned is the assignee and 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 1 00 p.m. on Tuesday the 27" day of June, 2006, on the mortgaged premises located at 780 Wakeby Road, Marston Mills, Barnstable County, Massachu- setts, all and singular the real estate described in said mortgage as follows: the following described property located in the County of BARNSTABLE SEE ATTACHED EXHIBIT "A" EXHIBITA Situated in the City of Marstons Mills. County of Barnstable, State of Massachusetts , and being more particularly described as follows: Lot 1. on Petitioners Plan entitled "Plan of Land' being a Subdivision of Land shown on Land Court case 37518A Petitioner Tani L Collins, in Barnstable. Mass , by Paul R Ryli, BSC/Cape Cod survey Consultants , dated June 27, 1986. filed in the Land Registration Office at Boston, a copy of which is filed in the Barnstable Regis- try of Deeds with Certificate of title 8684. said plan being 37518-B So much of said land, as is included within the area marked "New England Telephone and Telegraph Company Easement (60 ft wide), "approximately shown on said plan, is subject to the easement set forth in a grant made by Fred L Williams et ux to New England Telephone & Company dated November 27, 1972 duly recorded in Book 1777 Page 225 of said Registry of Deeds, The above legal description being the same as the last deed of record, no boundary survey having been made at the time of this conveyance BEING the same property conveyed to Craig M, Lord and Nancy L Maroney, as joint tenants, by deed from G E Capital Mortgage Services, Inc , dated 7/3/97, recorded 7/7/97, Doc No, 699,051, in the Registry of Deeds of Barnstable County, Massachusetts. 780 Wakeby Rd , Marstons Mills, MA 02648 which has the address of 780 WAKEBY ROAD , MARSTONS MILLS, Massachusetts 02648 ("Property Address"). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the forgoing is referred to in this Security Instrument as the "Property" Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements , improvements , covenants, outstanding tax title, municipal or other public taxes assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage , if any there be Said premises will also be sold subject to all leases and tenancies having priority over said mortgage , to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupations are subject to said mortgage , to rights or claims in personal property installed by tenants or former tenants now located on the premises , and also to all laws and ordinances including, but not limited to , all building and zoning laws and ordinances. THE TERMS OF SALE: FIVE THOUSAND and 00/100 ($5,000,00), DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & Davis , 1000 Plain Street. Marshfield. Massachusetts. The successfu l bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale. Other terms, if any to be announced at the time and place of the sale. SIGNED: JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR CDC MORTGAGE TRUST 2004-HE3 Present Holder of Said Mortgage By STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S Davis, Esquire STANTON & DAVIS 1000 Plain Street Marshfield, MA 02050 (781)834-9181 The Barnstable Patriot June 2, June 9 and June 16, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and inexecution of the Power of Sale contained ina certain mortgage given by Carrie L Guenard, also known as Carrie Lynn Guenard, to TriBeCa Lending Corporation dated June 23, 2005. recorded with Barnstable County Registry of Deeds at Book 19980, Page 335, of which mortgage the undersigned is the present holder for breach of conditions in said mortgage contained and for the purpose of foreclosing the same will be sold at Public Auction on July 10, 2006 at 11 00 A.M upon the mortgaged premises at 24 Uncle Willies Way, Barnstable (Hyannis), Massachusetts , all and singular the premises as described in said mortgage, to wit "The land , together with the buildings thereon, located at 24 Uncle Willie s Way, Barnstable (Hyannis). Barnstable County, Massachusetts , described as follows Shown as Lot 22 on a plan entitled Subdivision Plan of Land in Hyannis. Barnstable, Mass for John A. Drew dated December 19. 1975" and drawn by Baxter 8. Nye, Inc , Registered Land Surveyors, Osterville, Mass,, which plan is duly recorded in Barnstable County Registry of Deeds in Plan Book 302, Page 69 , to which plan reference is hereby made for a more particular description Meaning and intending to convey the same premises as conveyed by deeds dated March 18. 1997 and recorded at Barnstable Registry of Deeds in Book 10793 Page 93, Book 10793 Page 94, and Book 10793 Page 95 " In the event of any typographical errors in the publication of this notice, the descrlpt6ion in the mortgage shall control. Terms of Sale: Said premises will be sold and conveyed subject to all unpaid taxes , tax titles, municipal liens and assessments , if any which take precedence over the said mortgage above described Ten Thousand ($10,000 00) dollars of the purchase price shall be paid in cash , certified check , bank treasure r s check or cashier 's check at the time and place of the sale by the purchaser , and the balance of the purchase price shall be paid by certified check , bank treasurer 's check or cashier s check within thirty (30) days after the date of sale and shall be deposited with J. Patrick Kinhan. Esq., of Topsfield, Massachusetts Other terms of be announced at the sale TriBeCa Lending Corporation Present Holder of said Mortgage By its Attorney-in-Fact J PATRICK KINHAN, ESQ 15 Mam Street Topsfield, MA 01983 (978) 887-4055 The Barnstable Patriot June 9, June 16 and June 23. 2006 TOWN OF BARNSTABLE PLANNING BOARD NOTICE OF PUBLIC HEARING MONDAY, JUNE 26, 2006 AT 7:20 P.M. NEW TOWN HALL, SECOND FLOOR HEARING ROOM 367 MAIN STREET, HYANNIS, MA To all persons deemed interested in the Planning Board acting under Chapter 40A , Section 9. and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24 1 Hyannis Village Zoning Districts you are hereby notified of a Public Hearing to be held on Monday. June 26. 2006 at 7 20 PM in the Hearing Room of the Barnstable Town Hall. 367 Main Street. Hyannis. MA to consider Regulatory Agreement Applica- tion 2006-01 under Chapter 168, Regulatory Agreements along with requested relief to Section 9 Affordable Housing to allow for the proposed demolition of existing buildings and the development of 29 residential townhouse units with private garages 52,000 total sq ft within seven, 2 5 story buildings situated on a 2 73 acre parcel The ap- plicant is Ginsberg Asset Management LLC and property is addressed 350 Stevens Street Hyannis. MA and shown on Assessor s Map 308 as Parcel 004 in the Hyannis Office/Multi-Family Residential District Copies of the applications and plans are available for review in the Office of the Plan- ning Board. 200 Main Street Hyannis MA between the hours of 8 30 AM to 4 30 PM, Monday through Friday David Munsell. Chairman Planning Board The Barnstable Patriot June 9 and June 16 2006 MORTGAGEE'S SALE OF REAL ESTATE 29 WOODBURY, AVE HYANNIS, MA 02601 By virtue and in execution of the Power of Sale contained in a certain mortgage given by Nathaniel J Tobey to Argent Mortgage Company, LLC dated December 7, 2004, and recorded with the Barnstable County Registry of Deeds in Book 19336, Page 314, 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 on June 29, 2006 at 01 00PM. at or upon the mortgaged premises more particularly described below, being all and singular the premises described in said mortgage to wit That part of the Town and County of Barnstable, Massachusetts , known as Hyannis and comprising Parcel Bas shown and delineated on a plan entitled Plan of Land in Hyannis Barnstable, Mass.. as surveyed for James H. and Sara E Doherty.August 4, 1950, Bearse & Kellogg, Civil Engineers,", which said plan is duly filed in the Registry of Deeds for Barnstable County, and said parcel is more particularly bounded and described as follows: Beginning at the northwesterly corner of the granted premises at a cement bound adjoining land of Alfred A. Dumont and land of Louis V, Arenovski, thence running South 75 degrees 30' East by a fence and land of said Arenovski , one hundred thirty-two (132) feet to another concrete bound adjoining land of William J Flinn; thence turning and running South 12 degrees 27' 30" West by land of said Flinn, one hundred thirty-two (132) feet to a stake for a corner located on the easterly sideline of a thirty (30) foot Private Way; thence turning and running North 75 degrees 21' 40" West by the northerly end of said Private Way and by other land of James H. Doherty et ux , one hundred forty-seven and 48/100 (147 48) feet to a stake for a corner adjoin- ing land of said Dumont; and thence turning and running North 19degrees 11' East by land of said Dumont , one hundred thirty two (132) feet to the first-mentioned bound and the point of beginning said parcel contain an area of 18,450 square feet of land, be the same more or less. For title reference, see Deed dated October 31, 2003 and recorded with the Barnstable County Registry of Deeds in Book 17882, Page 348. The Mortgagee reserves the right to postpone the sale to a later date by public an- nouncement at the time and date appointed for the sale and to further postpone at any adjourned sale date by public announcement at the time and date appointed for the adjourned sale date Tne premises will be sold subject to and with the benefit of all rights, restrictions , ease- ments , improvements, outstanding tax titles, municipal or other public taxes , assess- ments betterments, liens or claims in the nature of liens and existing encumbrances of record created prior to the mortgage , or entitled to precedence over the mortgage, if any, insofar as the same are still in force and applicable to the premises. If the successful bidder atthe foreclosure sale defaults in purchasing the property accord- ing to the terms of this notice of sale or the terms of the Memorandum of Sale executed at the time of the foreclosure , the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder (or other successive bidders, in the order of their bid) provided that such other bidder deposits with Mortgagee s attorneys, Mich- lenzie & Sawin LLC, the amount of the required deposit as set forth below within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to such other bidder within thirty (30) days of the default. TERMS OF SALE, Ten Thousand and No/100 Dollars ($10,000.00) is to be paid in certified check and/or bank cashier s check to be paid by the Purchaser at the time and place of sale The balance of the purchase price is to be paid by the Purchaser by certified check and/or bank cashier s check within thirty (30) days thereafter at the offices of Harry Castleman . Esquire , Michienzie & Sawin LLC, 745 Boylston Street , Boston . MA 02116 Other terms to be announced atthe sale Wells Fargo Bank N.A.. as Trustee present holder of said mortgage by its attorney, Harry Castleman , Esquire MICHIENZIE & SAWIN LLC 745 Boylston Street Boston, MA 02116 (617) 227-5660 The Barnstable Patriot June 2. June 9 and June 16, 2006 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P0665EP1 Estate of ELLORENE T. TIMOTHY Late of BARNSTABLE (CENTERVILLE) In the County of BARNSTABLE Date of Death April 21. 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate, an amended petition has been presented praying that a document purporting to be the last will of said dece- dent be proved and allowed, and that DI- ANE ROSS ofBARNSTABLE (HYANNIS) in the County of BARNSTABLE be appointed executor, named in the will to serve without surety IF YOU DESIRE TO OBJECTTHERE- TO. YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O CLOCK IN THE FORE- NOON (10 00 AM) ON JUNE 21, 2006 In addition you must Sle a written af- fidavit of objections to the re:: on stating specific facts and grcj ~os upon .* - ch ttie objection is based w r n th Tv 30 .u' .s after the return day (or such otri« bme as the court on motion wt*i notsce lo the petitioner may ai'ow) in accordance n r Probate Rule 16 WITNESS HON ROSE"E TERR'i ESQUIRE F rst Justice of sa d Court at Barnstable tnis day May 24 2006 FREDERIC P CLAUSSEN Register cf c 'ocate The Barnstable Patriot June 9. 2006 TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING ALTERATION OF PREMISES In accordance with Chapters 136. 138 and 140 of the General Laws, as amended, Oyster Harbors Club. Inc . 170 Grand Island Drive Osterville . Douglas Donald Mayo Manager holding an Annual All Alcohol Club License , has petitioned the Barnstable Licensing Authority for an Alteration of Premises to replace its cur- rent license description with the following." 145/170Grand Island Drive. Osterville MA 02655 per Site and Architectural Plans SP-3.A-101.A-102. A-103. Sketch plans of Tennis Bldg & Golf Bldg . & land on Land Court Plans 15354-84 (Sh 9) and 15354-105 143 51 acres more or less. 1 Vistory Club House - 170 Grand Island Drive Basement of 11,036 sq ft . 10 rooms (mechanical , laundry locker, storage & utility rooms) plus bathroom , 3 exterior pas- sagedoors 1 loadtngdock 1s'floor26 .427 sq ft with 1 bar/Member Lounge seating 41 East/West/Main Dining Room seating 204, Card Room seating 32, Member Grill seating 64 Grill Terrace seating 16; two service bars 4 batnrooms administrative offices, storage and coat rooms , 17exterior entry/exit doors. 2 stairways to 2 floor 2 : floor 3 585 sq ft, 3 rooms (balcony landing. Members room multi-purpose room) plus 2 bathrooms (mens & ladies) staircase to 1 exterior door, staircases (2) to 1s' floor. Tennis Shop 1 600 sq ft interior & 860 sq ft deck. 2 locker rooms 1story with 2 locker rooms pro shop & game room 4 front and 1 side passage doors Pro Shoo -145Grand Island Drive 2 floors 2.800 sq ft each. Ground floor club storage & Pro shop with 3 entry/exit passage doors , stairway to lower level. Lower level - walkout basement to the rear 2 locker rooms , foyer , service & storage area 1 external entry/exit to the rear stairway to 1 floor Said hearing will be held on Monday MY 15 2006 at 9 30 am or as soon following as practical in the Town Hall Building. 2nd Floor Hearing Room 367 Mam Street , Hyannis Martin E Hoxie. Chair Gene Burman Paul Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot June 9, 2006 AMENDMENT TO TOWN OF BARNSTABLE TRAFFIC, PEDESTRIAN AND TOW-AWAY ZONE REGULATIONS Approved this date May 16 2006theTown manager of the Town of Barnstable does hereby amend the Town of Barnstable Traffic Pedestrian and Tow-Away Zone Regulations PartIV Section4-6 Schedule No 3 September 15 1994, to establish NO PARKING zones in the village of Hyannis as follows Install "HANDICAP PARKING" on 135 South Street at the Maritime Museum in Hyannis John C Klimm Town Manager Town of Barnstable The Barnstable Patriot June 9 2006 K m lyE-mail your legal ads to regais@barnstablepatriof.codB BE SURE TO SAYTHANKS'FOR US,,.^I When YouPatronize OurAdvertisers! [} I ' Letters to the editor The Barnstable Patriot welcomes letters to the editor. Please keep them brief and either type or print them neatly. Include name, address and telephone number. Anony- mous letters will not be published , but names will be withheld upon request. We reserve the right to edit all submissions. THE BARNSTABLE PATRIOT. P.O. BOX 1208, HYANNIS, MA 02601 OR E-MAIL TO letters@barnslablepatriot.coiT) « ¦ TOWN OF BARNSTABLE LICENSING AUTHORITY NOTICE OF PUBLIC HEARING The Barnstable Licensing Authority will holda hearingonan application from Ekat- enna & Family, LLC. Jay Imad, Manager, for a New Class IIAutomobile Dealer's License to be located at 381 Camp Street . Hyannis. MA 02601 . with a maximum of 5 display vehicles at the premises and the hours of operation to be 6 am to 9 pm Said hearing will be held on Monday, June 19, 2006 at 9 30 a.m or as soon following as practical in the Town Hall Building. 2nd Floor Hearing Room. 367 Mam Street Hyannis. MA 02601 Martin E Hoxie Gene Burman Paul R. Sullivan Richard Boy Barnstable Licensing Authority The Barnstable Patriot June 9, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 323306 TO Paulo M Rodngues and to all persons entitled to the benefit of the Servicemem- bers Civil Relief Act Option One Mortgage Corporation claiming to be the holder of a Mortgage covering real property in Hyannis (Barnstable) numbered 22-24 Fresh Holes Road given by Paulo M Rodngues to Option One Mortgage Corporation, dated August 23 , 2004 and registered with the Barnstable County Registry District of the Land Court as Document No 978025 and noted on Certificate of Title No 158545 has fled with said court a complaint for authority to foreclose said mortgage in the mannerfollowing byentry and possession and exercise of power of sale If you are entitled to the benefitsof the Servicemem- bers 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 3 day of July 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 19" day of May 2006 Deborah J Patterson Recorder The Barnstable Patriot June 9, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No : 323373 To. Leila Matos and to all persons entitled to the benefit of the Servicemembers Civil Relief Act . Wells Fargo Bank . National Association as Trustee for Securitized Asset Backed Receivables LLC 2205- FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 claiming to bethe holder of Mortgage covering real property in Hyannis. numbered 30 Dunns PondRoad, given by Leila Matos to Mortgage Elec- tronic Registration Systems, Inc. acting solely as nominee for Fremont Investment & Loan, dated June 16, 2005, recorded at Barnstable County Registry District of the Land Court Book as Document No. 1004714. and Noted on Certificate of Title No. 177032, and now held by the Plaintiff by assignment , has filedwith said court a complaint for authority to foreclose said mortgage inthe mannerfollowing: 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 3 day of July 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 22r: day of May 2006. Deborah J, Patterson Recorder The Barnstable Patriot June 9, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No 323442 TO Ann M Burgess Denis D Burgess and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Centex Home Equity Company LLC claiming to be the holder of a Mortgage covering real property in Centerville (Barnstable) numbered 49 Tellegren Trail given by Ann M Burgess and Denis D Burgess to Centex Home Equity Company, LLC. datedApril 15.2005. and recorded with the Barnstable County Registry of Deeds at Book 19743. Page 57 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 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 10" day of July 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 25T day of May 2006. Deborah J Patterson Recorder The Barnstable Patriot June 9 2006