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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
August 4, 2006     Barnstable Patriot
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August 4, 2006
 
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TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT PROGRAM NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE 6:00 P.M. -AUGUST 23, 2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: Appeal 2006-049 Casey/Shockley Chapter 40B Comprehensive Permit Kerry A. Casey and Paul E. Shockley have applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicants are seeking to convert an existing unpermitted one-bedroom apartment in the lower level of the principal residence into an accessory affordable apartment. The property is shown on Assessor's Map 271 as Parcel 094-006, addressed 44 Marks Path. Hyannis, MA in a Residential B Zoning District. Appeal 2006-078 Andrews Chapter 40B Comprehensive Permit Nelson and Wanda Andrews have applied to the Zoning Board of Appeals for a Com- prehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicants are seeking to create a one-bedroom accessory affordable apartment above the attached garage. The property is shown on Assessor 's Map 291 as Parcel 126, addressed 79 Suffolk Avenue, Hyannis, MA in a Residential B Zoning District. Appeal 2006-079 Cardoso Chapter40BComprehensive Permit Geraldo F. Cardoso, as Trustee of the Cardoso Realty Trust, has applied to the Zoning Board ofAppealsfora Comprehensive Permit under Chapter40B ofthe General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Townof Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicant is seeking to convert an existing unpermitted apartment in the lower level of the principal residence into a one-bedroom accessory apartment. The property is shown on Assessor's Map 292 as Parcel 003-005, addressed 45 UncleAl's Way, Hyannis, MA in a Residential B Zoning District. Appeal 2006-080 Guthinger Chapter40BComprehensive Permit Amylynn Guthinger has applied to the Zoning Board of Appeals for a Comprehensive Permit underChapter40B of the GeneralLaws of the Commonwealth of Massachusetts and in accordance with Section 9-15 of the Code of the Town of Barnstable, more com- monly termed the "Accessory Affordable Housing Program." The applicant is seeking to create a studio apartment in an existing detached structure on the property. The property is shown onAssessor 's Map 187 as Parcel 017. addressed 27 Holly Hill Road, Centerville, MA in a Residential D1 Zoning District. These Public Hearings will be held at 6:00 P.M. in the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2"" Floor, on Wednesday, August 23, 2006. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street, Hyannis, MA. Gail Nightingale, Hearing Officer Zoning Board of Appeals The Barnstable Patriot July 28 and August 4, 2006 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 James J. Burke and Hannah Burke to National City Mortgage Co., dated March 30, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18376, Page 60, of which mortgage National City Mortgage Inc.. f/k/a National City Mortgage Co. is the present holder,for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at PublicAuction at 1:00 p.m. on August 18, 2006, on the mortgaged premises located at 8 Vandermint Lane, Hyannis (Barnstable), Barnstable County, Massachusetts ,all and singularthe premises described in said mortgage, TO WIT: That certain parcel of land situate in Barnstable (Hyannis) Barnstable County and Commonwealth of Massachusetts, described as follows: Lot 15 on a plan entitled "Plan of Land in Hyannis, Barnstable, Mass. for Robert S. Elliott dated March 8, 1968," and recorded in Barnstable County Registry of Deeds in Plan Book 222, Page 31. There is to be granted as appurtenant to said lot a right of way over the streets and ways shown on the aforementioned plan, in common with all others lawfully entitled thereto. Being the same premises conveyed to these Mortgagors by deed of John M Vargo and Cynthia M. Vargo dated December 7. 1995 and recorded in the Barnstable County Registry of Deeds in Book 10092, Page 257 Property: 8 Vandermint Lane Hyannis, MA 02601 For mortgagors' title see deed recorded with Barnstable County Registry of Deeds in Book 10092, Page 257 These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims inthe 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 restriction, easements , improvements , liens or encumbrances is made in the deed TERMS OF SALE: A deposit of Five Thousand ($5,000.00) Dollars by certi- fiedor bank check will be required to be paid by the purchases at the time and place of sale. The balance is to be paid by certified or bank check at Harmon Law Offices. PC, 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389 within thirty (30) days from the date of the sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price 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. NATIONAL CITY MORTGAGE INC, F/K/A NATIONAL CITY MORTGAGE CO Present holder of said mortgage By Its Attorneys. HARMON LAW OFFICES, PC Anna D'Avolio , Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot July 28, August 4 and August 11. 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Victor T Paliotto to Ameriquest Mortgage Company, dated Febru- ary 17, 2004 and recorded with Barnstable County Registry of Deeds in Book 18280. Page 235 of which mortgage WM Speciality Mortgage LLC, Without Recourse is the present holder by assignment , for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 603 Wakeby Road, Marstons Mills, Massachusetts will be sold at a Public Auction at 2 30 PM on Sepember 1, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit Being that certain parcel, with the improvements thereon, shown as Lot 2 ona plan of land entitles "Plan of Land in Marstons Mills Surveyed for Charles and Dorothy D. Diggins, Kevin and Elizabeth Martto n, August 19, 1967, Scale 1"=50\ George F.Reekie, Registered Land Surveyor, Norwell, MA." Duly filed with the Barnstable County Registry of Deeds in Plan Book 214. Plan 156. Also described as follows: A certain parcel of land, situated in Barnstable (Marstons Mills), Barnstable County, Massachusetts, known as LOT 2. WAKEBY ROAD, bounded and described as follows: NORTHEASTERLY by Wakeby Road on a curve with a radius of 1,182 146 feet for distance of 125 feet; SOUTHEASTERLY by Lot 1, as shown on said plan, 444 73 feet: SOUTHWESTERLY by land of Seth R. and Mary F Hamblm , 245 00 feet , and NORTHWESTERLY by land, now or formerly of Rogers, 31406 feet Being shown as LOT NO. 2 on plan of land entitled. "Plan of Land in Marstons Mills surveyed for Charles and Dorothy D. Diggins , Kevin and Elizabeth Manton. August 19, 1967, Scale 1" = 50' , George F. Reekie , Registered Land Surveyor, Norwell. Mass." duly filed in the Barnstable County Registry of Deeds at Plan Book 214 page 155. For mortgagor 's title see deed recorded with the Barnstable County Registry of Deeds in Book 9694, Page 199. 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 en- cumbrances 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 Termsof the Sale: Cash,cashier 's or certifiedcheck 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 in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates , PC, 321 Billerica Road, Suite 210, Chelmsford, MA 01824-4100 , c/o Sanjit S Korde or such other time as may be designated by mortgagee Other terms to be announced at the sale WM Speciality Mortgage LLC, Without Recourse present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates, PC 321 Billerica Road, Suite 210 Chelmsfo rd, MA 01824-4100 (978)256-1500 The Barnstable Patriot August 4, August 11, and August 18 2006 MORTGAGEE'S SALE OF REAL ESTATE Byvirtue and inexecution ofthe Powerof Sale contained ina certainmortgage given by Jermaine J Debarros to Argent Mortgage Company. LLC dated February 24. 2004 and recorded in the Barnstable County Registry of Deeds in Book 18249, Page 328. which mortgage was assigned to Deutsche Bank National Trust Company As Trustee For The Certificate Holders of GSAMP Trust 2004 AR1 by assignment dated February 24 2004 and recorded in the Barnstable County Registry of Deeds in Book 19787, Page 192, 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 100 pm on Thursday the 17'" day ofAugust, 2006 on the mortgaged premises located at 418 Pitchers Way, Hyannis, Barnstable County, Massachusetts , all and singularthe real estate described in said mortgage as follows " the following described property located in the County of BARNSTABLE SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF EXHIBIT A The landtogether with the buildings thereonsituated inBarnstable (Hyannis), Barnstable County. Massachusetts being shown as Lot 2 on a plan of land entitled "Plan of land located in Hyannis Mass Prepared for Kip Diggs", dated Sept 10. 2002, Scale 1" = 30' , prepared by Cape & Islands Engineering. 800 Falmouth Road. Suite 301C Mashpee, Mass 02649 and recorded with the Barnstable County Registry of Deeds in Plan Book 577 , page 5 Being the same premises conveyed to there herein named mortrgagor (s) by deed recorded with Barnstable County Registry of Deeds in Book 15026, Page 239 Parcel ID Number Map 291 Parcel18 which currently has the address of 418 Pitchers Way, Hyannis Massachusetts 02601 ("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 bythis 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 successful 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: Deutsche Bank National Trust Company As Trustee For The Certificate Holders as GSAMP Trust 2004 AR1 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 July 21 . July 28 and August 4. 2006 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE AUGUST 23,2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11,of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 7:00 P.M. Appeal 2006-073 Gibbons Edward and Lorraine Gibbons have applied for a renewal of Special Permit 2004-52 issued to them by the Board for a home occupation of a rubber stamp business. Re- newal of the permit was required as a condition of the special permit The property is addressed 81 Indian Spring Road. West Barnstable MA and is shown on Assessors Map 133 as parcel 045. The property is in a Residence F Zoning District. 7:10 P.M. Appeal 2006-074 Cancian Rosemary S. Cancian has applied for a Special Permit pursuant to Section 240-91 ,F, Merged Lots. The applicant seeks special permit relief from applicable Minimum Lot Area and Minimum Yard Setback Requirements for two existing single-family structures located on individual lots that were recently created by an Approval Not Required Plan endorsed by the Planning Board The property is addressed 15 Grayton Avenue. Hyannisport, MA and is shown on Assessor 's Map 287 as parcel 036. The property is in a Residence F-1 Zoning District. 7:10 P.M. Appeal 2006-075 Cancian In the alternative to the above special permit , Rosemary S Cancian has petitioned for variances to Section 240-13.E , Bulk Regulations, Minimum Lot Area and Minimum Yard Setback Requirements to legalize under zoning two developed lots recently created by an Approval Not Required Plan endorsed by the Planning Board. The property is addressed 15 Grayton Avenue , Hyannisport , MA and is shown on Assessor 's Map 287 as parcel 036. The property is in a Residence F-1 Zoning District. 7:25 P.M. Appeal 2006-076 Sullivan William M. and Susan B. Sullivan have applied for a Special Permit pursuant to Section 240-91.H(2), Demolition and Rebuilding on a Nonconforming Lot Not in Compliance with Required Setbacks. The applicants seek to demolish the existing single-family dwelling and rebuild it substantially on the same footprint as the existing structure The setbacks of that footprint do not conform to those now required The resulting setbacks for the new structure will equal those of the existing The property location is 990 Main Street, Cotuit, MA. The property is shown on Assessor 's Map 034 as parcel 034 in a Residence F Zoning District 7:40 P.M. Appeal 2006-077 Kendal 8,Welch. Inc. Kendal & Welch , Inc. have applied for a Special Permit pursuant to Section 240-92 B Alteration or Expansion of Nonconforming Buildings or Structures Used as Single- and Two-family Residences. The applicant seek to demolish the two preexisting, noncon- forming single-family dwellings located on the property and to rebuild and expand those two dwelling The property is addressed 38 Blossom Avenue, Osterville. MA and is shown on Assessor s Map 117 as parcel 061 The property is in a Residence C Zoning District. These Public Hearings will be held at Barnstable Town Hall. 367 Main Street , Hyannis. MA.2na Floor Hearing Room, Wednesday. August 23.2006 Plans and applications may be reviewed at the Zoning Board of Appeals Office. Growth Management Department, Town Offices. 200 Mam Street, Hyannis. MA Gail C Nightingale. Chairman Zoning Board of Appeals The Barnstable Patriot July 28 and August 4, 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mort- gage given by Fernando B De Aguiar to Mortgage Electronic Registration Systems Inc., dated August 16. 2005 and registered with the Barnstable County Registry of the Land Court as Document No. 1010256 as noted on Certificate of Title No 177648 and recorded with the Barnstable County Registry of Deeds at Book 20161 and Page 156. of which mortgage HSBC Bank USA, National Association , as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass Through Certificates Series 2006-AP1 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 10:00 am on August 18, 2006 on the mortgaged premises located at 12 Vermeer Court , Osterville, (Barnstable) Barnstable County. Massachusetts, all and singular the premises described in said mortgage . TO WIT Two certain parcels of land with the buildings thereon situated in Osterville, Barnstable County. Massachusetts , being bounded and described as follows: PARCEL 1: REGISTERED LAND NORTHWESTERLY by Renoir Drive as shown on plan hereinafter mentioned. Forty- Six and 08/100 (46 08) feet; NORTHEASTERLY by Lot 20 as shown on said plan Forty-Two and 60/100 (42.60) feet , and SOUTHERLY by Lot 19A as shown on said plan, Sixty-Seven and 56/100 (67 56) feet. Being Lot 19, containing 969 square feet more or less as shown on a Plan of Land in Osterville, Barnstable, Mass Being a subdivision of Lot 5 as shown on LC. Plan 34625, dated April 4, 1983. revised May 2, 1983,Scale 1" = 40' . Eldredge Engineering Co., Inc . Registered Civil Engineers & Surveyors, 712 Main Street. Hyannis. Mass . and recorded at the Barnstable County Registry of Deeds, the Land Registration Division, as Land Court Plan 34625E PARCEL II UNREGISTERED LAND NORTHWESTERLY by Lot 19 as shown on a plan hereinafter mentioned. Sixty-Seven and 56/100 (67 56) feet; NORTHEASTERLY by Lot 20A as shown on said plan, Fifty-Seven and 40/100 (57 40) feet, SOUTHEASTERLY by lots 20A and 4 as shown on said plan One Hundred Twenty-Two and 90/100 (122 90) feet; SOUTHWESTERLY by Vermeer Court as shown on said plan an arc distance of Twenty-Seven and 21/100 (27 21) feet SOUTHWESTERLY by Vermeer Court as shown on said plan Sixty- Four and 46/100 (64 46) feet . SOUTHWESTERLY by Vermeer Court as shown on said plan an arc distance of Forty-One and 92/100 (41 92) feet; WESTERLY by Renoir Drive as shown on said plan an arc distance of Sixty-Six and 20/100 (66 20) feet and Seven and 92/100 (7 92) feet. Being Lot 19A containing 14.046 square feet more or less as shown on a Plan of Land in Osterville. dated April 4. 1983. revised May 2 1983 Scale 1" = 40 . Eldredge Engineering Co Inc Registered Civil Engineers & Surveyors 712 Main Street Hyannis. Mass . and recorded at the Barnstable County Registry of Deeds as Book 373 , Page 78. Together with a right of way over Renoir Drive. Vermeer Court and the other private ways connected to Renoir Drive as shown on said plan in common with others who are now or may hereafter be entitled thereto for all purposes for which roads are customarily used in the Town of Barnstable For title see deed recorded herewith For mortgagors title see deed registered with Barnstable County Registry District of the Land Court as Document No 1010255 as noted on Certificate of Title No 177648 and recorded with the Barnstable County Registry of Deeds at Book 20161 and Page 152 These premises will 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 restriction , easements, improvements, liens or encumbrances is made in the deed TERMS OF SALE A deposit of Five Thousand ($5 000 00) Dollars by certi- fied or bank check will be required to be paid by the purchases at the time and place of sale The balance is to be paid by certified or bank check at Harmon Law Offices, PC, 150 California Street. Newton. Massachusetts 02458. or by mail to PO Box 610389 , Newton Highlands. Massachusetts 02461-0389 within thirty (30) days from the date of the sale Deed will be provided to purchaser for recording upon receipt in full of the purchase price 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 HSBC BANK USA . NATIONAL ASSOCIATION. AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS THROUGH CERTIFICATES SERIES 2006-AP1 Present holder of said mortgage By Its Attorneys HARMON LAW OFFICES. PC Aimee Rebecca Thyreesson. Esq 150 California Street Newton MA 02458 (617) 558-0500 The Barnstable Patriot July 28. August 4 and August 11. 2006 OFFICE OF THE TOWN MANAGER NOTICE OF PUBLIC HEARING Pursuant to Chapter 115. Section 2. of the General Ordinances of the Town of Barnstable. Boston-N Barnstable . Inc has applied to the Town of Barnstable to allow its business operations located at 2135 lyanough Road, West Barnstable. MA to remain open to the public for business on a twenty-four hour basis The request is specifically limited to the drive-through food facility operated by the applicant as a "Burger King" franchisee , it is the applicant s intent that the sit-down restaurant operations will remain closed to the public during the hours of 1A M to 3 A M daily The Town Manager or his designatedrepresentative will holda public hearing on this request on Friday. August 21. 2006 at 10 30 AM or as soon follow- ing as practical in the Town Hall Building. Second Floor Hearing Room, 367 Main Street Hyannis. MA 02601 John C Klimm. Town Manager Town of Barnstable The Barnstable Patriot August 4. 2006 ¦Subscribe Today j - (508) 771-1427 j | AMENDMENT TO TOWN OF BARNSTABLE TRAFFIC ORDINANCES AND REGULATIONS OF APRIL 16, 1929 Approved this date, April 10, 2006, the Town Manager does hereby amend the Townof Barnstable Traffic Ordinances and Regulations for Saturday, August 19", 20060NLYfrom11:OOa.m.to12:OOp.m in the Village of Hyannis forthe Marchfor Morality,sponsored bytheVictory Chapel Christian Fellowship Church THETEMPORARYCLOSING OF MAINSTREET,HYANNIS FROMTHE INTERSECTION OF OCEANSTREETTO THE INTERSECTION OF SEA STREET; LEFT ON SEA STREET; LEFT ON SOUTH STREET TO THE VILLAGE GREEN. John C Klimm. Town Manager The Barnstable Patriot August 4. 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.: 325825 To:Sharon M. Brown; Dean C. Brown and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc f/k/a Norwest Mortgage, Inc. claiming to be the holder of a Mortgage covering real property in Marstons Mills (Barnstable), numbered 19 Lauries Lane, given by Sharon Brown a/k/a Sharon M Brown and Dean Brown a/k/a Dean C Brown to Norwest Mortgage of Massachusetts Inc D/B/ANorwestMortgage,dated December 16, 1998,and recordedwiththe Barnstable County Registry of Deeds at Book 11932, Page 183 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 benefitsofthe Servicemembers CivilRelief Act as amended and you object to such foreclosure youoryour attorney shouldfile a written appearance and answer in said court at Boston on or before the 1 1 * day of September 2006 or you may be forever barredfromclaimingthat such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER , Chief Justice of said Court this 25" day of July 2006 Deborah J Patterson Recorder The Barnstable Patnot August 4. 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.: 325746 To: Janice M Flint. Individually and as Ex- ecutrix of the Estateof Michael M Mitchell and to all persons entitled to the benefit of the Servicemembers Civil Relief Act Wells Fargo Bank, National Association as Trustee for ACE Securities Corp Home Equity Loan Trust.Series 2004-OP1Asset Backed Pass-Through Certificates claim- ing to be the holder of Mortgage covenng real property in Barnstable, numbered 170 Palomino Drive, given by Michael M Mitchellto OptionOne Mortgage Corpora- tion, dated January 7, 2004, recorded at Barnstable County Registry of Deeds in Book 18110, Page 141, 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 powerof safe Ifyou are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure youoryourattorneyshouldfile a written appearance and answer in said court at Boston on or before the 4"' day of September 2006 or you may be forever barredfromclaimingthat such foreclosure is invalid under said act Witness . KARYN F SCHEIER . Chief Justice of said Court this 24,r day of July 2006 Deborah J Patterson Recorder The Barnstable Patriot August 4. 2006