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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
October 13, 2006     Barnstable Patriot
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October 13, 2006
 
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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 Daniel P.McCauley and Bernadette H. McCauley to Option One Mortgage Corpora- tion, dated April 6, 2005 and recorded with the Barnstable County Registry of Deeds at Book 19699, Page 6, of which mortgage Deutsche Bank National Trust Company, as Trustee for the Certificateholders of Soundview Home Loan Trust 2005-OPT1, Asset-Backed Certificates, Series 2005-OPT1 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 02:00 PM on November 3,2006, on the mortgaged premises located at 106 Oldham Road, Osterville, MA 02655, all and singular the premises described in said mortgage, TO WIT: The land together with the building(s) thereon in Barnstable (Osterville), Barnstable County, Massachusetts, described as follows: Being Lot 39 on a plan of land entitled, "Definitive Subdivision Plan 'Osterville Woods Sect. II', Barnstable (Osterville), Mass., Property of the Lanza Corporation" dated April 12, 1972 and recorded with Barnstable County Registry of Deeds in Plan Book 262, Page 85, to which plan reference is made for a more particular metes and bounds description. Together with a right of way over the ways shown on said plan and over the ways shown on plans recorded in Plan Book 247, Page 137 and Plan Book 262, Page 58, for all purposes for which public ways are used in the Town of Barnstable. Said lot is subject to an easement to New England Telephone and Telegraph Company et al dated February 5, 1974 and recorded with Barnstable County Registryof Deeds at Book 2001, Page 14, and to Cape & Vineyard ElectricTransmission Easementas shownonplanrecordedwiththe BarnstableCounty Registry of Deeds in Plan Book 78, Page 109. The above described premises are subject to and with the benefit of all easements, agreements, covenants, rights, rights of way,takings, and restrictions of record, if any there be, insofar as the same are now in force and applicable, specifically including all covenants contained in deed dated December 12, 1994 and recorded with said Barnstable Deeds in Book 9482, Page 1. For mortgagor's(s') title see deed recorded with Barnstable County Registry of Deeds in Book 9482, Page t 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 unpaidtaxes, tax titles, tax liens,waterandsewer liensandanyother municipalassessments or liensorexisting encumbrances of recordwhich are in force and are applicable,having priority over said mortgage,whetheror notreferencetosuchrestrictions,easements,improvements, liens, or encumbrances is made inthe deed.TERMS OF SALE:Adeposit ofTENTHOUSAND ($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,P.C.,92 MontvaleAvenue,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, IFANY, TO BE ANNOUNCED AT THE SALE. Present holder of said mortgage, By itsAttorneys,Deirdre Cavanaugh,Esq., ABLITT& CHARLTON,P.C.,92 MontvaleAvenue,Suite 2950, Stoneham, MA 02180,(781)246- 8995, Dated: 10/03/2006 (96.0060/McCauley)(10/13/06, 10/20/06, 10/27/06)(72106) Attest: Deborah J. Patterson Recorder (61.0751/McNamara)(10/13/06)(72026) The Barnstable Patriot October 13, October 20 and October 27, 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 Heidi Hamois a/k/a Heidi M. Harnois to Wells Fargo Home Mortgage, Inc., dated November 21, 2003 and registered with the Barnstable County Registry District of the Land Court as Document No. 950660 as noted on Certificate of Title No. 115503, of which mortgage Wells Fargo Bank, N.A. successor by merger to Wells Fargo Home Mortgage, 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 PublicAuction at 12:00 p.m. on November 7, 2006, on the mortgaged premises located at 44 Cinderella Terrace,MarstonsMills(Barnstable)BarnstableCounty,Massachusetts,alland singular the premises described in said mortgage, TO WIT: THE LAND WITH THE BUILDINGS THEREON SITUATED IN BARNSTABLE IN THE COUNTY OF BARNSTABLEAND THE COMMONWEALTH OF MASSACHUSETTS, BOUNDED AND DESCRIBED AS FOLLOWS: NORTHWESTERLY BY CINDERELLA TERRACE, ONE HUNDRED THIRTY-TWO AND 58/100 (132.58) FEET; SOUTHEASTERLY BY LOT 29, ONE HUNDRED FORTY-SIX AND 14/100 (146.14) FEET; SOUTHEASTERLY BY A PORTION OF LAND NOW OR FORMERLY OF ESTELLE P. CAMERON ET AL, ONE HUNDRED THRITY-TWO (132) FEET; AND SOUTHWESTERLY BY LOT 27, ONE HUNDRED FIFTY-THREE AND 36/100 (153.36) FEET. ALLOF SAID BOUNDARIES ARE DETERMINED BY THE COURT TO BE LOCATED AS SHOWN ON SUBDIVISION PLAN 361301-C (SHEET 1) DATED DECEMBER 4, 1972, DRAWN BY CHARLES N.SAVERY, INC., SURVEYORS,AND FILED INTHE LAND REGISTRATION OFFICE AT BOSTON, A COPY OF WHICH IS FILED IN BARNSTABLE COUNTY REGISTRY OF DEEDS IN LAND REGISTRATION BOOK 468 PAGE65 WITH CERTIFICATED OF TITLE NO. 58305 AND SAID LAND IS SHOWN THEREON AS LOT 28. SAID LAND IS SUBJECT TO THE RIGHTS GRANTED IN AN EASEMENT GIVEN TO THE NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY ET AL, DATED MAY 29, 1973 BEING DOCUMENT NO. 174,872. For mortgagor's title see deed registered with Barnstable County Registry District of the Land Court as Document No. 468631, as noted on Certificate of TitleNo. 115503. 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 inforce and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed. TERMS OF SALE: A deposit of Five Thousand ($5,000.00) 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 Harmon Law Offices, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton High- lands, Massachusetts 02461-0389, within thirty (30) days from the date of 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. WELt S FARGO BANK, N. A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, PC. Elena Peterson, Esquire 150 California Street Newton, MA 02458 (617) 558-0500 The Barnstable Patriot October 13, October 20 and October 27, 2006 TOWN OF BARNSTABLE OLD KING'S HIGHWAY HISTORIC DISTRICT ' NOTICE OF PUBLIC HEARING OCTOBER 25,2006 To all persons deemed interested or affected by the Town of Barnstable's Old King's Highway Historic DistrictAct under Section 9 of Chapter 470,Acts of 1973 as amended. You are hereby notified that a hearing will be held on Boston Wyman, 2145 lyannough Road, West Barnstable, Map 215, Parcel 027- 001 Change existing sign Town of Barnstable, 0 Sandy Neck Road,West Barnstable, Map 263,Parcel 001 Alterations to Research Cottage Hopkins, Garry & Nancy,3625 Main Street,Barnstable, Map 317, Parcel 042 Entrance Gate with pillars & sign Antos,Brian & Jill,33 Moco Road,West Barnstable, Map 215, Parcel 033 New detached garage St. Claire,Ariane, 84 Governors Way, Barnstable, Map 258, Parcel 055 Replacement windows & door Angus,Susan & Whitmore,Stephen,1391Hyannis Barnstable Road,Barnstable, Map 297, Parcel 008 Additions to existing house Settterlund, Richard, Salted Realty Trust, 71 Tonela Lane, Barnstable, Map 336, Parcel 063 New house with two/car attached garage These hearingswill be heldinthe Community Building,2377 MeetinghouseWay (Route 149),West Barnstable,MA,at 7:00 PMonWednesday, October25,2006. Allapplications and plans may be reviewed at the Town of Barnstable,Planning Division,Office of Old King's Highway Historic District, Town Offices. 200 Main Street, Hyannis, MA Patricia Anderson, Chairman The Barnstable Patriot October 13, 2006 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 mortgage given by Joanne C. McPhee to Jomax , LTD , said mortgage dated June 2, 2006, and registered with the Barnstable County Registry District of the Land Court as Document No. 1035890 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 on November 3, 2006, at 10:00 am . Local Time upon the premises, directly infront of the building inwhich the unit is located, all and singular the premises described in said mortgage, to wit: 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 datedMarch3,1976recordedwiththe BarnstableCounty Registry ofthe 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 The Post OfficeAddress of the Condominium is 800 Bearses Way, Hyannis MA 02601. The unit conveyed is laid out as shown on floor plans recorded with said Master Deed. It is subject to and with the benefit of the obligations, restric- tions,rightsandliabilitiescontainedinMassachusetts GeneralLaws,Chapter 183A, the Master Deed and By-Laws on record The unit is conveyed together with an undivided fractional interest in the common areas as set forth in said Master Deed The unit is conveyed subjectto andwith the benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record. For title, see deed dated 6/8/06 and recorded as CTF # C33-1NE, docu- ment no. 1035850. The description of the property contained in the mortgage shall control in the event of an error in this publication. For Mortgagor's Title see deed dated June 8, 2006, and recorded in the Barnstable County Registry District of the Land Court as Document No. 1035850 and noted on Certificate of Title No. C33-1NE. 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 a prior mortgage of record dated March 25, 2002 and recorded with the Barnstable County Registry District of the Land Court as Document No. 865786 and noted on Certificate of Title No. C33-1NE. Subject to a prior mortgage dated March 25, 2002 and recorded with the Barnstable County Registry District of the Land Court as Document No. 865787 and noted on Certificate of Title No. C33-1NE. FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer's or cashier's check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer's or cashier's check within thirty (30) days after the date of sale. Other terms to be announced at the sale. Shechtman Halperin Savage, LLP 1080 Main Street Pawtucket, Rl 02860 Attorney for Jomax, Ltd. Present Holder of the Mortgage (401)272-1400 The Barnstable Patriot October 13, October 20 and October 27, 2006 COMMONWEALTH OF COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS LAND COURT LAHD COURT DEPARTMENT OF THE TRIAL DEPARTMENT OF THE TRIAL COURT COURT (Seal) (Sea|) Case No.: 328413 Case No: 328441 To: To: Suzanne W. Chapman and to all persons Helen p Levesque; and to all persons en- entitled to the benefit of the Servicemem- wled,0,ne benefit °'*ne Servicemembers bersCivilReliefAct. EMCMortgageCorpo- Civil Relief Act. U.S. Bank National Asso- rationclaimingto bethe holderof Mortgage ciation As Trustee for Bear Stearns ALT-A covering real property in Marstons Mills, Trust 2006"3. Mortgage Pass-Through numbered 138 Lakeside Drive given Certificates, Series 2006-3 claiming to be by Suzanne W. Chapman to MERS, as the holder of Mortgage covering real prop- nomineeforCountn wide Home Loans,Inc. ertv inCenterville,numbered44Fernbrook datedAugust 23, 2J05, and recorded with Lane9ivenbv He,en R Levesqueto MERS, the Barnstable County Registry of Deeds as nomineefor CountrywideHome Loans, at Book 20205, Page 204, and now held lnc.datedJanuary26,2006,andregistered by Plaintiff by assignment has/have filed with the Barnstable County Registry Dis- with said court a complaint for authority tnct of tne Land Court as Document No. to foreclose said mortgage in the manner 1024982 and noted on Certificate of Title following: by entry and possession and Na 134382 and n°w held by Plaintiff by exercise of powerof sale. Ifyou are entitled assignment has/have filedwith said court to the benefits of the Servicemembers a complaint for authority to foreclose said Civil Relief Act and you object to such mortgage inthe mannerfollowing: byentry foreclosureyouoryourattorneyshouldfile and possession and exercise of powerof a written appearance and answer in said sale- lf y°u are entitled t0 the benefits of court at Boston on or before the 6th day tne Servicemembers Civil Relief Act and of November 2006, or you may be forever vou ob)ect t0 sucn foreclosure you or your barredfromclaimingthatsuch foreclosure attorney should file a written appearance is invalid under said act and answer in said court at Boston on or Witness: KARYN F. SCHEIER , Chief before the 6th day of November 2006, or Justice of said Court this 21st day of you may be forever barred from claiming September 2006 'na ' sucn foreclosure is invalid under Attest' sal0' ac ' Deborah J. Patterson Witness: KARYN F. SCHEIER, Chief Recorder Justice of said Court this 21st day of (60.0398/Chapman)(10/13/06)(72036) September 2006 Attest: The Barnstable Patriot Deborah J Patterson October 13, 2006 Recorder (60.0418/Levesque)(10/13/06)(72047) The Barnstable Patriot ¦ HHeffWHRHSI| °ct ober i3. 20 °6 COMMONWEALTH OF MASSACHUSETTS P B i i ^ M i M M H n LAND COURT ^ ^ ^ ^ s s ^ DEPARTMENT OF THE TRIAL AfW ^ ^ ^^ ^ \ . Case No.: 328390 ^ s*, ^ ' M\ ^tr Susan M. McNamara and Richard A / ^^^ S M m j ' ^ S. McNamara and to all persons entitled to rC ^^ ^ ^ \ the benefit of the Servicemembers Civil TK£>^-^V- ¦ -^Fm jgj r ReliefAct. U.S. Bank NationalAssociation, ^^J t* *i . 1 m as trustee , on behalf of the holders of the ^ J^"«p ^^k » Home Equity Asset Trust 2005-5, Home •¦ ¦ ¦ ><¦& a n Equity Pass Through Certificates, Series rllKl V0UT l G3rli 2005-5 claiming to be the holder of Mort- " gage covering real property in Hyannis, FlItH if foc4 numbered 135 West Main Street, Unit M lI I I I I lOOli 16 of the Hastings Meadow Condomini- Cia«*l it Dl/* ums given by Susan M McNamara and rlllQ I I Dlvi Richard A. McNamara to North American yr /» j , • Mortgage Company dated November 1, IMS v3p6 S ldT(]6St 1999, and recorded with the Barnstable rtaccififlHc nmu County Registry of Deeds at Book 12639, tldbblllcUb IIUW Page 153, and now held by Plaintiff by ©CaDeCOdCLASSIFIED.COIll assignment has/have filedwith said court ^WB(revvMViTivvii I U U . W I I I a complaint for authority to foreclose said 'TITIIA mortgage inthe mannerfollowing:byentry ML| l£ and possession and exercise of power of _, ' sale. Ifyou are entitled to the benefits of Tfl/It*tt Cit/ l i l l J> the Servicemembers Civil Relief Act and ,J{pH*l 1 1 3 U I U U you objectto such foreclosure you or your y \ , t . attorney should file a written appearance ji J i l l X\ 01 and answer in said court at Boston on or Tr^ before the 6th day of November 2006, or 5(18-771-1427 you may be forever barred from claiming uVJO I I X Vri.1 that such foreclosure is invalid under WWW.bamStablepatriOt.COm said mssss^mswmsmmussmasssuss ^^a Witness KARYN F SCHEIER, Chief Justice of said Court this 22nd day of I 1 September ^ KEEP THE T0WN | Deborah J Patterson W Recorder STRONG... I The Barnstable Patriot OU AH Innnlliil I October 13, 2006 S jjj UHffltyl | i COMMONWEALTH OF THE COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS LAND COURT LAND COURT DEPARTMENT OF THE TRIAL DEPARTMENT OF TRIAL COURT COURT Case No. 328524 Case No 328584 j o Robert J. Pierce Jr; Denise M. Pierce T° and to all persons entitled to the benefit Evaldo G. Ostermann and to all persons of , he servicemembers Civil Relief Act. entitled to the benefit of the Servicemem- Househ0|dFinance CorporationIIclaiming bers Civil Relief Act U.S. Bank National tQ be ,he ho|der of a Mortgage covering Association, as Trustee for the Certificate rea| ^ |n Centervi || e (Barnstable), Holders of Terwin Mortgage Trust 2004-v numbered M Be,dan Avenue glven by claiming to be the holder of Mortgage Robert j Plerce Jr and Den|se M pierce covering real property in Hyannis, num- , 0 Household Finance Corporation II. bered 15 Oak Neck Road, Unit 1 of the da(ed „ 24 2m and recorded W|th Oak View Condominiums given by Evaldo (he Barnstab|e County Registry of Deeds G. Ostermann to MERS, as nominee for at Book 19880, Page 94 has filed with said Accredited Home Lenders.Inc. dated May cour1g |ajnt for aumority to foreclose 24, 2004, andrecordedwiththeBarnstable sajd mor( |n , he manner fo|| County Registry of Deeds at Book 18649, b and ssion and eXercise of Page 271, and now held by Plaintiff by ' f y ^ assignment has/have filed with said court If you are entitled to the ben- a complaint for authority to foreclose said efUs of , he Servicemembers Civil Relief mortgageinthemannerfollowmg byentry M gs amended and objed , Q such and possession and exercise of power o foreclosure youoryourattorneyshouldfile sale If you are entitled to the benefits of a wntten appearance and answer ln sald the Servicemembers Civil Relief Act and couft g| Boston on or before ,he 6„ d youobject tosuch foreclosureyouoryour ofNovernber2006, oryou maybe forever attorney should file a written appearance barredfrom claimingthat such foreclosure and answer in said court at Boston on or js |nva||d under sg|d ac( before the 6th day of November 2006, or wjtness ^^R SCHE,ER you may be forever barred from claiming chief Justice of said Court this 25- day of that such foreclosure is invalid under seDtember 2006 said act Witness: KARYN F. SCHEIER , Chief Attest Justice of said Court this 25th day of Deborah September 2006 j Ratterson 7 , ! u , r, Recorder Deborah J. Patterson (60.0408/Ostermann)(10/13/06)(72023) ^olenTlOot"^ The Barnstable Patriot October 1 M ¦ M gP fM M£M pa | B ^ g | B p B | p p | | H a^ COMMONWEALTH OF BHEa^23^4iil wJBB MASSACHUSETTS C HAQI? A 'J W | ! I ^ « F PROBATE AND FAMILY COURT MAS . 8 1 A 1?""S | !!7S DEPARTMENT DFPA RTMFIJT OF THF TRIM BARNSTABLE DIVISION DEPARTMENT OF-THE TRIAL D0CKET NQ 06pl34()Ep1 „ Estate of MARION F ERB r«J M * • iofl^n Late of BARNSTABLE Case No.. 328420 )f) ^ Comty rf BARNSTABLE „ °' u n i A D u A i n i Date of Death August 19, 2006 Karen M. Daniels and Robert L. Daniels a Jr. and to all persons entitledto the benefit utm**; «C > » » ¦ « » Enn ,.. c " . n... „ , , . , NOTICE OF PETITION FOR of the Servicemembers Civil Relief Act. PROBATF OF U I H I LaSalle Bank National Association , as Trustee for Certificateholders of Bear SteamsAsset Backed Securities ILLC,As- Toall persons interested inthe set Backed-Certificates,Series 2006-PC1 above captionedestate , a petition has been claiming to bethe holder of Mortgage cov- presentedprayingthat adocument purport- enng real property in Hyannis, numbered ing to be the last will of said decedent be 31 Saint Joseph Street given by Karen proved and allowed, and that DEBORAH M Daniels and Robert L Daniels Jr to F ERB-GORGONNE of BARNSTABLE MERS as nominee for Peoples Choice in the County of BARNSTABLE and be Home Loan, Inc dated August 12, 2005, appointed executor named in the will to and recorded with the Barnstable County serve without surety Registry of Deeds at Book 20164, Page IFYOU DESIRE TO OBJECT 49,and now heldbyPlaintiffby assignment THERETO , YOU OR YOUR ATTORNEY has/have filed with said court a complaint MUST FILE A WRITTEN APPEARANCE for authority to foreclose said mortgage IN SAID COURT AT BARNSTABLE ON in the manner following: by entry and OR BEFORE TEN O'CLOCK IN THE possession and exercise of power of sale. FORENOON (10 00 AM) ON OCTOBER If you are entitled to the benefits of the 27. 2006. Servicemembers Civil Relief Act and you Inaddition,you mustfile awrit- object to such foreclosure you or your at- ten affidavit of objections to the petition, torneyshouldfileawnttenappearanceand stating specific facts and grounds upon answer insaidcourt at Boston on or before which the objection is based, within thirty the 6thdayof November 2006, or you may (30) days afterthe return day (or such other be forever barred from claiming that such time as the court, on motion wjth notice to foreclosure is invalid under said act. the petitioner, may allow) in accordance Witness: KARYN F. SCHEIER , Chief with Probate Rule 16. Justice of said Court this 21st day of WITNESS , HON ROBERT September 2006. E. TERRY. ESQUIRE, First Justice ol Attest' said Court at BARNSTABLE this day, Deborah J. Patterson September 29, 2006. Recorder (8.0852/Daniels)(10/13/06)(72032) FREDERIC P. CLAUSSEN The Barnstable Patriot r October 13, 2006 Register of Probate ^ m^^ m The Barnstable Patriot / " October 13, 2006 MJ# I SSure To '?S?^ Sa »Tlranks' Be informed. rOf US... Be prepared. When YouPatronize Be a volunteer. Our Advertisers! %1* - I - Emergency preparedness ^^BMtw ^^i^^ is everyone 's responsibility. A\ f\ www.capecodmrc.org m I f I 508-394-6811 L ^ ^ ^ ^ ^ ^ ^ ^ * Shining a light on ^4 1 your community. M f i ^ mB ^ mim -^f^BHN ^Mr " ¦ I ™M HmMtm