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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
October 6, 2006     Barnstable Patriot
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October 6, 2006
 
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CONTINUED FROM PAGE C 6 from 3 to 5 p.m. when volun- teers will be on hand to explain and demonstrate the process of extracting honey from the hive. Short films , contest , refresh- ments, wine, mead, bread and honey and more. Massachusetts Audubon Society, Long Pasture Wildlife Sanctuary, 345 Bone Hill Rd. in Cummaquid. (Call 508-362-7475 for de- tailed information) • Oct. 12: Sanctuary director Ian Ives discusses coastal plain ponds and leads an exploration of the ecosystem at the sanctu- ary at 10 a.m. Registration required, adults only. • Oct. 12: Sanctuary director Ian Ives leads walk to learn the natural history of the area an view the fall foliage at 3 p.m. Call to register. Adults only. Massachusetts Audubon Society, Wellfleet Bay Wildlife Sanctuary (508-349-2615 , Route 6 in Wellfleet , call for a complete schedule of events) Waquoit Bay Reserve (508-457- 0495 , Route 28, East Falmouth) • Professional development courses for educators in fishing, oceans and ccas's, salt water studies, whales, local water is- sues, coastal habitats and more offered. Call now for details. Cape Cod Wildlife Center (185 Meadow Lane, West Barnstable, 508-362-0111 , www.capewildlife.org) Have your questions about wildlife answered daily from 9 a.m. to 5 p.m., or go to the Center 's Web site at CapeWil- dlife.Org Warning: The Center strongly urges the public to not touch wild animals. If you must do so , wear thick rubber gloves. Bet- ter yet, call your local animal control department and let the professionals handle the situ- ation. 1 TALKS. All about Mozart Learn about the protege when Margaret Bossi discusses his last year Oct. 11 at the Cape Cod Conservatory, Route 132 in West Barnstable at 11 a.m. An all-Mozart recital is also performed. Admission of $10 includes coffee and cake served at the break. Revolution revisited Saul Adamsky is the guest speaker at the annual meeting of the Dennis Historical Society Oct. 14 when he will portray a revolutionary war minuteman at 7 p.m. Free. ffy WALKS- Sandwich expedition Explore the oldest town on Cape Cod, Sandwich, year- round on a 6.2-mile walk as part of the Walk 'n Mass Volkssport Club. Call 508-291-1162. Haunted Barnstable Village Take a spooky walking tour of Barnstable Village with a ghost hunter from the Cape & Islands Paranormal Research Society Oct. 14 at 2 p.m. Meet at the Sturgis Library on Route 6A in Barnstable. Admission is $15. Refreshments served. Learn more about the ghosts of the Village Oct. 17 at 7 p.m. when there will be a talk at the library which will include ghostly tales from other towns as well. Forester leads fall trail walk Retired forester Jim Carlaw leads a hike Oct. 8 at 2 p.m. when walkers will explore the nature preserve in Old Yarmouth Meet at the old gate house behind the Yarmouth Post Office on Route 6A. Walking Weekend 2006 Cape Cod Pathways is spon- soring the 13" annual Walking Weekend Oct. 6 through 9 when several trails will be open for exploration. Some highlights include a Crow 's Pasture walk in Dennis on Oct. 6 at 9 a.m.; Morris Island in Chatham on Oct. 7 at 9 a.m.; the Cape Cod Bay to the Atlantic in Truro on Oct. 8 and a Duck Harbor hike in Wellfleet on Oct. 9 at 1 p.m. For a detailed list of excursions check out www.capecodcom- mission.org. EVENTS CALENDAR COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P1296EP1 Estate of LOUISE V WILL Late of BARNSTABLE (OSTERVILLE) In the County of BARNSTABLE Date of Death July 15. 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested ir the above captioned estate, a petitior has been presented praying that a docu ment purporting to be the last will of saic decedent be proved and allowed, anc that ANTHONY A WILL of MILTON in the County of NORFORK and ENRICO H DICHIAPPARI of WALTHAM in the Count} of MIDDLESEX be appointed executors named in the will to serve without surety IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEV MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O CLOCK IN THE FORENOON (10:00 AM) ON OCTOBER 20. 2006 Inaddition, you must file a writ ten affidavit of objections to the petition stating specific facts and grounds upor which the objection is based within thirty (30) days after the return day (or such othei time as the court , on motion with notice tc the petitioner may allow) in accordance with Probate Rule 16. WITNESS . HON. ROBER1 E TERRY, ESQUIRE. First Justice o said Court at BARNSTABLE this day September 22, 2006 FREDERIC P CLAUSSEN Register of Probate The Barnstable Patriot October 6. 2006 NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE PREMISES:104 TANBARK ROAD MARSTONS MILLS (BARNSTABLE), MASSACHUSETTS By virtue and inexecution of the Power of Sale contained in a certain mortgage given by Daniel E Barnicoat and Lisa M Moen to Mortgage Electronic Registration Systems. Inc as nominee for Fremont Investment & Loan dated June 13, 2005 and recorded with Barnstable County Registry District of the Land Court as Document No 1014332 and noted on Certificate of Title No 178067 of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at on the 27 day of October. 2006. A.D at 10 00 A.M. at or upon the mortgaged premises. 104 TANBARK ROAD. MARSTONS MILLS (BARNSTABLE). MASSACHUSETTS , as described below, being all and singular the premises described in said mortgage . To wit: Street Address 104 Tanbark Road Marstons Mills. Massachusetts 02648 A certain parcel of land, together with the buildings thereon situated at 104 Tanbark Road. Barnstable (Marstons Mills), Barnstable County, Massachusetts 02648, more particularly described as follows. Shown as Lot 140 as shown on Plan entitled Marstons Mills Woodlands Barnstable . MA for Greenbnar Corporation dated February 18, 1988. Scale 1 =50 Drawn by Levy. Eldredge and Warner Associates . Inc " As shown on Land Court Plan 29500-D and filed with the Barnstable Registry District. Parcel Number 100-023-002 Being the same property conveyed to Daniel E Barnicoat (a/k/a Daniel Barnicoat) an unmarried man. and Lisa M Moenan unmarried woman, by deed dated September 17. 2004. of record as Document 980600. in the Barnstable County Registry of Deeds TERMS OF SALE Said premises will be sold and conveyed subject to all outstanding municipal or other public taxes, tax titles, assessments, liens or claims in the nature of liens, rights of tenants and parties in possession , and existing encumbrance s of record. if any, which take precedence over the said mortgage above described FIVE THOUSAND DOLLARS and NO/100 ($15.000 00), must be paid by certified, bank treasurer s or cashiers check at the time and place of sale by the purchaser as a deposit The balance of the purchase is to be paid in cash , or by certified check bank cashier s check or bank treasurer s check within 30 days thereafter at the Law Offices of Shapiro & Kreisman, Chiswick Park 490 Boston Post Road. Sudbury. MA 01776 (987) 443-8800 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 LaSalle Bank National Association as Trustee for The registered holders of GSAMP Trust 2005-HE6. Mortgage Pass-Through Certificates. Series 2005-HE6. PRESENT HOLDER OF SAID MORTGAGE The Barnstable Patriot September 29. October 6 and October 13. 2006 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF TRIAL COURT Case No. 328171 To: Leonardo Francescon and to all persons entitled to the benefit of the Ser- vicemembers Civil Relief Act . Deutsche Bank National Trust Company, as Trustee for Morgan Stanley Loan Trust 2006-HE4 claiming to be the holder of a Mortgage covering real property in Centerville (Barnstable), numbered 45 Thistle Drive given by Leonardo Francescon to Mort- gage Electronic Registration Systems,Inc , dated February 24 2006, and recorded 1 with the Barnstable County Registry of Deeds at Book 20771 . Page 190 and now held by the plaintiff by assignment hasfiled 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 ben- efits of the Servicemembers Civil Relief Act as amended and you object to such foreclosure you oryour attorney should file a written appearance and answer in said court at Boston on or before the 30'' day of October 2006 or you may be forever barredfrom claiming that such foreclosure is invalid under said act Witness KARYNF. SCHEIER Chief Justice of said Court this 15" day of 1 September 2006 Attest Deborah J Patterson Recorder The Barnstable Patriot 1 October 6, 2006 !l Checkout our Website,j iiiwlarnsiablepa(riot.c« COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No: 328147 To: Welton Decarvalho: and to all persons entitled to the benefit of the Servicemembers Civil Relief Act . Wells Fargo Bank , N.A , as Trustee for ABFC 2004-OPT 5 Trust. ABFC Asset- Backed Certificates. Series 2004-OPT5. claiming to be the holder of Mortgage covering real property in Hyannis. num- bered 800 Bearses Way, Unit 5-SA of the Cape Crossroads Condominium, given by Welton Decarvalho to Citizens Mortgage Corporation, dated April 16, 2004. and recorded with the Barnstable County Registry District of the Land Court as Document No 963960 and noted on Certificate of Title No C33-5SA 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 Ifyou 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 30th day of October 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 15th day of September 2006. Attest. Deborah J Patterson Recorder (96 0034/Decarvalho)(10/06/06)(71845) The Barnstable Patriot October 6, 2006 ¦ ¦¦ P N HfP PJP P P H COMMONWEALTH OF MASSA- F CHUSETTS [ LAND COURT ' DEPARTMENT OF THE TRIAL COURT ' (Seal) c Case No. 328435 ( To: Charles M Reddy and Deborah L ' Reddy [ and to all persons entitled to the benefit [ of the Servicemembers Civil Relief Act . Deutsche Bank National Trust Company, as Trustee of Argent Securities, Inc As- set Backed Pass Through Certificates, Series 2004-W1 under the Pooling and Servicing Agreement dated February 1, 2004 Without Recourse claiming to be the holder of Mortgage covering real property in Marstons Mills, numbered 19 Peony Lane given by Charles M Reddy and Deborah L Reddy to Argent Mortgage Company. LLC. dated December 12. 2003. and recorded with the Barnstable County Registry of Deeds at Book 18041, Page 132. and now held by Plaintiff by assign- ment has/have filed with said court a complaint for authority to foreclose said mortgage inthe mannerfollowmg: 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 6th day of November 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 21st day of ' September 2006 Attest Deborah J Patterson Recorder (4.1793/Reddy)(10/06/06)(71944) , The Barnstable Patriot October 6, 2006 I 922 I MORTGAGEE'S SALE OF REAL ESTATE ' \ ( By virtue and in execution of the Power of Sale contained in a certain [ mortgage given by Barry O Fuller to Mortgage Electronic Registration Systems. Inc i ("MERS"), acting solely as nominee for Lender (Full Spectrum Lending. Inc.) and Lender s successors and assigns dated September 15. 2004 and recorded in the [ Barnstable County Registry of Deeds in Book 19048 Page 221. of which mortgage the i undersigned is the present holder, for breach of the conditions of said mortgage and | for the purpose of foreclosing, the same will be sold at public auction at 12 00 pm on ; Tuesday the 17" day of October . 2006. on the mortgaged premises located at 28 | Freedom Road. Forestdale. Barnstable County. Massachusetts , all and singular the real estate described in said mortgage as follows I . the following described property located in the COUNTY of BARNSTABLE I SEE EXHIBIT "A- ATTACHED HERETO AND MADE A PART HEREOF I Exhibit A - Property Description I Closing date: September 15. 2004 | Borrower (s): Barry O. Fuller. Jr I Property Address: 28 Freedom Road. Forestdale Massachusetts j 02644 I The land with any buildings thereon , now known as and numbered 28 Freedom Road, | Sandwich. Barnstable County Commonwealth of Massachusetts Said premises are i shwon as lot number 18Aon a plan entitled "Otis Gardens , Section II dated February ; 18, 1956. drawn by Charles N Savery. recorded in Barnstable Registry of Deeds in | Plan Book 126, Page 131 I Said premises containing 13 512 square feet, according to said plan i Being the same premises conveyed to the herein named grantor(s) by deed recorded | with the Barnstable County Registry of Deeds in Book 12826, Page 203 I Parcel ID Number 6-66 which currently has the address of 28 FREEDOM ROAD , | FORESTDALE, Massachusetts 02644-1619 (Property Address"), I TOGETHER with all the improvements now or hereafter erected on the i property, and all easements, apputenances , and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instru- | ment All of the foregoing is referred to in this Security Instrument as the Property" | i Said premises will be sold subject to and/or with the benefit of any and all restrictions , easements, improvements , covenants outstanding tax title municipal i 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 i 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 i said mortgage to rights or claims in personal property installed by tenants or former i tenants now located on the premises, and also to all laws and ordinances including, i but not limited to. all building and zoning laws and ordinances I THE TERMS OF SALE FIVE THOUSAND and 00/100 (S5.000 00), DOL- LARS will be required to be paid by bank or certified check only by the purchaser at i the time and place of sale , and the balance of the purchase price shall be paid by bank i or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & i Davis . 1000 Plain Street. Marshfieid. Massachusetts The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By i 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC (MERS"). ACTING SOLELY AS NOMINEE FOR LENDER (FULL SPECTRUM LENDING, INC )AND LENDER S SUCCESSORS AND ASSIGNS Present Holder of Said Mortgage By STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S Davis. Esquire STANTON & DAVIS 1000 Plain Street Marshfieid MA 02050 (781)834-9181 The Barnstable Patriot September 22 September 29 and October 6 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain nortgage 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 )f 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 he Land Court as Document No 1,021,393 by instrument dated November 10, 2005, )f which mortgage the undesigned is the assignee and present holder, for breach of he conditions of said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 12 30 p m on Tuesday the 17" day of October. 2006, on the mortgaged premises located at 780 Wakeby Road , Marston Mills. Barnstable County, Vlassachusetts, all and singular the real estate described in said mortgage as fol- ows the following described property located in the County of BARNSTABLE SEE ATTACHED EXHIBIT "A" EXHIBIT A Situated in the City of Marstons Mills. County of Barnstable State of Massachusetts, and being more particularly described as follows _ot 1, on Petitioner's Plan entitled "Plan of Land" being a Subdivision of Land shown on Land Court case 37518A Petitioner Tani L Collins , in Barnstable . Mass., Dy Paul R. Ryli. BSC/Cape Cod survey Consultants, dated June 27 , 1986, filed in the .and Registration Office at Boston, a copy of which is filed in the BarnstaWe Regis- ry of Deeds with Certificate of Title 8684 said plan being 37518-B So much of said and. 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 he easement set forth in a grant made by Fred L Williams et ux to New England felephone & Company dated November 27, 1972 duly recorded in Book 1777 Page 225 of said Registry of Deeds rhe above legal description being the same as the last deed of record , no boundary survey having been made at the time of this conveyance 3EING the same property conveyed to Craig M Lord and Nancy L. Maroney as oint tenants, by deed from G E Capital Mortgage Services Inc , dated 7/3/97 , ¦ecorded 7/7/97 Doc No 699.051 . in the Registry of Deeds of Barnstable County, Vlassachusetts 780 Wakeby Rd . Marstons Mills, MA 02648 /vhich has the address of 780 WAKEBY ROAD , MARSTONS MILLS, Massachusetts D2648 ( "Property Address") TOGETHER WITH all the improvements now or hereafter erected on the Droperty. and all easements appurtenances and fixtures now or hereafter a part of the oroperty 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 'estrictions. easements improvements covenants outstanding tax title, municipal or sther public taxes assessments, liens or claims in the nature of liens and existing ancumbrances of record created prior to the mortgage , if any there be Said premises will also be sold subject to all leases and tenancies having ononty 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, out not limited to all building and zoning laws and ordinances THE TERMS OF SALE FIVE THOUSAND and 00/100 ($5,000 00). DOL- _ARS will be required to be paid by bank or certified check only by the purchaser at .he 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. Marshfieid, Massachusetts The successful bidder at the sale jf 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 Marshfieid MA 02050 (781)834-9181 The Barnstable Patriot September 22, September 29 and October 6. 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Thomas Joseph Webster and Donna J Newman to Mortgage Electronic Registration Systems Inc ("MERS") solely as nominee for American Home Mortgage dated October 21. 2005, and recorded in the Barnstable County Registry of Deeds in Book 20389, Page 133 which mortgage was assigned to Bank of New York , as Trustee for the Certificateholders CWA LT Inc Alternatives Loan Trust 2005- J1 Mortgage Pass-Through Certificates, Series 2006 J1 by assignment dated May 23, 2006, and recorded in the Barnstable County Registry of Deeds in Book 21059. Page 20. 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 pm on Tuesday the 17" day of October. 2006. on the mortgaged premises located at 233 Tree Top Circle Barnstable (Marston Mills). Barnstable County Massachusetts, all and singular the real estate described in said mortgage as follows the following described property located in the Count) of Barnstable Legal description attached hereto and made a part hereof EXHIBIT "A" Property Address 23 Treetop Circle Barnstable (Marston Mills) MA 02648 The land together with the buildings thereon situated in Barnstable (Marston Mills). Barnstable County. Massachusetts bounded and described as follows NORTHWESTERLY by Southeasterly sideline of Tree top Circle as shown on a plan hereinafter mentioned , one hu7ndred eight and 10/100(108 10) feet NORTHEASTERLY by Lot 38, as shown on said plan, one hundred sixty and 00/100 (160 00) feet. SOUTHWESTERLY by a portion of Lot 48 , as shown on said plan, one hundred ten and 00/100 (110 00) feet. SOUTHWESTERLY by the Northeasterly sideline of Tree top circle , as shown on said plan, ninety-eight and 00/100 (98 100) feet, and WESTERLY by the Easterly sideline of Tree top Circle on a curved line having a radius of 50 00 feet as shown on said plan one hundred one and 27/100 (101 27) feet Being shown as Lot 37 . on a plan of land entitled "Pleasant Place Subdivision Plan of Land in Marstons Mills-Barnstable Mass Cape cod" which said plan is fuly filed in Barnstable County Registry of Deeds in Plan Book 198 Page 43 For title, see deed dated 09/27/02 and recorded in Book 15662 Page 142. Parcel ID Number 150/043 which currently has the address of 233 Tree Top Circle . Marston 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 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 . Marshfieid 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 Bank of New York, as Trustee for The Certificateholders CWALT. Inc Alternative Loan Trust 205-J1 Mortgage Pass-Through Certificates Series 206-J1 Present Holder of Said Mortgage By STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S Davis. Esquire STANTON & DAVIS 1000 Plain Street Marshfieid MA 02050 (781)834-9181 The Barnstable Patriot September 22 September 29 and October 6. 2006