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December 17th, 2018
CARE AND PROTECTION TERMINATION OF PARENTAL RIGHTS SUMMONS BY PUBLICATION DOCKET NUMBER: 17CP0028NA Trial Court of Massachusetts Juvenile Court Department COMMONWEALTH OF MASSACHUSETTS Berkshire County Juvenile Cour 21 Holden Street North Adams, MA 01247 TO: Any unknown, unnamed father of Sierra Lynn Schwarzer (DOB 02/12/16) born to Brittnay Mariah Schwarzer in Pittsfield, MA: A petition has been presented to this court by DCF, seeking as to the following child, Sierra Lynn Schwarzer, that said child be found in need of care and protection and committed to the Department of Children and Families. The court may dispense the rights of the person(s) named herein to receive notice of or to consent to any legal proceeding affecting the adoption, custody, or guardianship or any other disposition of the child named herein, if it finds that the child is in need of care and protection and that the best interests of the child would be served by said disposition. You are hereby ORDERED to appear in this court, at the court address set forth above, on the following date and time: 01/08/2019 09:00 AM Other Hearing You may bring an attorney with you. If you have a right to an attorney and if the court determines that you are indigent, the court will appoint an attorney to represent you. If you fail to appear, the court may proceed on that date and any date thereafter with a trial on the merits of the petition and an adjudication of this matter. For further information, call the Office of the Clerk-Magistrate at 413-664-8700. WITNESS: Hon. Joan M. McMenemy FIRST JUSTICE Laura Rueli CLERK-MAGISTRATE DATE ISSUED: 11/20/2018 12/14/18, 12/17/18, 12/24/18
CARE AND PROTECTION TERMINATION OF PARENTAL RIGHTS SUMMONS BY PUBLICATION DOCKET NUMBER: 15CP0094NA, Trial Court of Massachusetts Juvenile Court Department COMMONWEALTH OF MASSACHUSETTS Berkshire County Juvenile Court 21 Holden Street North Adams, MA 01247 TO: Joshua J. Eaton father of Joshua James Eaton, Jr. (DOB 06/14/2010) born to Lisa Siobahn Donovan in Newburyport, MA: A petition has been presented to this court by DCF, seeking as to the following child, Joshua J. Eaton, Jr, that said child be found in need of care and protection and committed to the Department of Children and Families. The court may dispense the rights of the person(s) named herein to receive notice of or to consent to any legal proceeding affecting the adoption, custody, or guardianship or any other disposition of the child named herein, if it finds that the child is in need of care and protection and that the best interests of the child would be served by said disposition. You are hereby ORDERED to appear in this court, at the court address set forth above, on the following date and time: 01/08/2019 09:00 AM Other Hearing You may bring an attorney with you. If you have a right to an attorney and if the court determines that you are indigent, the court will appoint an attorney to represent you. If you fail to appear, the court may proceed on that date and any date thereafter with a trial on the merits of the petition and an adjudication of this matter. For further information, call the Office of the Clerk-Magistrate at 413-664-8700. WITNESS: Hon. Joan M. McMenemy FIRST JUSTICE Laura Rueli CLERK-MAGISTRATE DATE ISSUED: 12/04/2018 12/14/18, 12/17/18, 12/24/18
Commonwealth of Massachusetts The Trial Court Probate and Family Court Berkshire Division 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE18P0787EA Estate of: Ruth Irene Yarter Also Known As: Ruth I. Yarter a/k/a Ruth Yarter Date of Death: September 16, 2018 To all persons interested in the above captioned estate, by Petition of Petitioner Louis R. Yarter of Adams MA Louis R. Yarter of Adams MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. Atty. James R. Loughman, Esq. Donovan O'Connor & Dodig, LLP 1330 Mass MoCA Way North Adams, MA 01247 (413) 663-3200 12/17/18
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE18P0790EA Estate of: Bruce H Grunow Also Known As: Bruce Grunow Date of Death: 5/28/2018 Berkshire Division 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Shirley F Grunow of Pittsfield MA a Will has been admitted to informal probate. Shirley F Grunow of Pittsfield MA has been informally appointed as the Personal Representative of the estate to serve without surety on the bond. The estate is being administered under informal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court. Inventory and accounts are not required to be filed with the Court, but interested parties are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders terminating or restricting the powers of Personal Representatives appointed under informal procedure. A copy of the Petition and Will, if any, can be obtained from the Petitioner. John J. Martin, Jr. Esq. MARTIN & OLIVEIRA, LLP 75 South Church Street, Suite 550 Pittsfield, MA 01201 413-443-6455 12/17/18
LEGAL NOTICE: NOTICE OF HEARING STATE OF MAINE DISTRICT COURT HANCOCK, ss LOCATION: ELLSWORTH DOCKET NO.: ELL-PC-16-23 IN RE: SARAH K. NOTICE IS HEREBY GIVEN TO Paul Kidder whereabouts unknown: Pursuant to 22 M.R.S. 4001 et seq., the Maine Department of Health & Human Services (hereafter, "DHHS") has petitioned the Court for a Child Protection Order and/or Termination of Parental Rights Order, concerning the child: Sarah K. d/o/b: 7/25/2008 born at Ellsworth, ME The mother is Jennifer Woodman, and the father is or may be Paul Kidder. DHHS has met the requirements of M.R. Civ. P. Rule 4(g)(1)(A)-(C). Hearing on the pending Petition(s) will be held at Maine District Court, 50 State Street, Suite 2, Ellsworth, ME 04605, on Jan 10, 2019, at 8:30 am. Failure to appear at this hearing may result in the issuance of a child protection order, the termination of your parental rights, and/or any other order permissible under 22 M.R.S. 4001 et seq. You may be entitled to legal counsel in these proceedings. Contact the court at the above address or 207-667-7141. To obtain a copy of the Petition(s), contact the court or DHHS at 207-664-1400, 17 Eastward Lane, Ellsworth, ME 04605. DHHS is represented by the Maine Office of the Attorney General, 84 Harlow Street, Bangor, ME 04401. Date: 10/29/18 Judge Roberts Judge, Maine District Court Terry Harding A True Attested Copy Clerk, Maine District Court 12/03/18, 12/10/18, 12/17/18
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 Preston A. Kelly to Mortgage Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A., dated June 2, 2011 and recorded in the Berkshire County (Northern District) Registry of Deeds in Book 1445, Page 513, as modified by a certain modification agreement dated January 15, 2016, and recorded with said Berkshire County (Northern District) Registry of Deeds in Book 1587, Page 487, of which mortgage the undersigned is the present holder, by assignment from: Mortgage Electronic Registration Systems, Inc., as nominee for MetLife Home Loans, a Division of MetLife Bank, N.A., its successors and assigns to JPMorgan Chase Bank, National Association, recorded on December 30, 2015, in Book No. 1584, at Page 842 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 January 2, 2019, on the mortgaged premises located at 18 Summit Avenue, North Adams, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: (18 Summit Avenue, North Adams, MA 01247) The land with the buildings thereon situate in said North Adams, bounded and described as follows: Commencing at the southwest corner of land of E.M. Vincent; Thence running in an easterly direction along the south line of land of said Vincent, eight (8) rods to land of Patience Foote; Thence southerly on line of land of said Foote, four (4) rods to a stake and stones; Thence westerly in a line parallel with the south line of land of said Vincent, eight (8) rods to Summit Avenue; And thence northerly four (4) rods to the place of beginning. Meaning and intending to describe and convey and hereby expressly conveying, in mortgage, the same premises conveyed to the mortgagor herein by deed of Janet L. Chapman, Executrix of the Estate of Loretta Lopardo MacDonald dated June 2, 2011 and recorded with the Berkshire Northern District Registry of Deeds in book 1445 , Page 510. For mortgagor's(s') title see deed recorded with Berkshire County (Northern District) Registry of Deeds in Book 1445, Page 510. 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 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 St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, 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. JPMORGAN CHASE BANK, N.A. Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California St. Newton, MA 02458 (617)558-0500 11746 12/03/18, 12/10/18, 12/17/18
LEGAL NOTICE MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Kelly J. Wright and Charles D. Wright to Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Norwich Commercial Group, Inc. D/B/A Norcom Mortgage, dated January 7, 2010 and recorded in Berkshire County (Middle District) Registry of Deeds in Book 4471, Page 76 (the "Mortgage") of which mortgage Wilmington Savings Fund Society, FSB, as trustee of Upland Mortgage Loan Trust B is the present holder by assignment from Mortgage Electronic Registration Systems, Inc. to Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP dated September 9, 2011 recorded in Berkshire County (Middle District) Registry of Deeds in Book 4809, Page 187; assignment from Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, FKA Countrywide Home Loans Servicing LP to Secretary of Housing and Urban Development dated December 10, 2014 recorded in Berkshire County (Middle District) Registry of Deeds in Book 5549, Page 247; assignment from Secretary of Housing and Urban Development to GCAT 2014-4, LLC dated January 27, 2015 recorded in Berkshire County (Middle District) Registry of Deeds in Book 5608, Page 309; assignment from GCAT 2014-4, LLC to Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity but solely as trustee for BCAT 2014-4TT dated July 22, 2015 recorded in Berkshire County (Middle District) Registry of Deeds in Book 5627, Page 68; assignment from Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity but solely as Trustee for BCAT 2014-4TT to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as Owner Trustee of Matawin Ventures Trust Series 2017-2 dated September 7, 2017 recorded in Berkshire County (Middle District) Registry of Deeds in Book 6076, Page 332 and assignment from Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as Owner Trustee of Matawin Ventures Trust Series 2017-2 to Wilmington Savings Fund Society, FSB, as trustee of Upland Mortgage Loan Trust B dated May 15, 2018 recorded in Berkshire County (Middle District) Registry of Deeds in Book 6287, Page 320, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 5-7 Wallace Place, Pittsfield, MA 01201 will be sold at a Public Auction at 12:00 PM on January 2, 2019, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit: Beginning at the northwest corner of Lot No. 2 described on the plan of lots as laid out by William H. Wallace on the west side of Second Street, so-called, which plan is dated October 30, 1899 and recorded in the Berkshire Middle District Registry of Deeds in Book 302, Page 645; Thence southerly on the west line of Lot No. 2 and on a line parallel with the east line of the Common, so-called, sixty-four (64) feet to the north line of land now or formerly of John O'Loughlin; Thence easterly on the north line of said land now or formerly of John O'Loughlin forty-five (45) feet; Thence northerly on a line parallel with the first described line sixty-four (64) feet; Thence westerly on a line parallel with the north line of land now or formerly of O'Loughlin forty-five (45) feet to the place of beginning. Being Lot No. 2 on said plan. For mortgagor's title see deed recorded with the Berkshire County (Middle District) Registry of Deeds in Book 2997, Page 61. 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 encumbrances 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. Terms of the Sale: Cash, cashier's or certified check 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 by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA 01851 or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication. Other terms to be announced at the sale. Wilmington Savings Fund Society, FSB, as trustee of Upland Mortgage Loan Trust B Korde & Associates, P.C. 900 Chelmsford Street Suite 3102 Lowell, MA 01851 (978) 256-1500 Wright, Kelly J., 16-027876 12/03/18, 12/10/18, 12/17/18
TOWN OF BECKET Pursuant to MGL, Ch. 40A, Sec. 11, the Planning Board will hold a Public Hearing at Becket Town Hall, 557 Main Street; Becket, MA on Wednesday, January 9, 2019, at 7:00 PM to review a Special Permit application submitted by Alex Madjeska on behalf of T-Mobile/American Tower of 10 Prudential Way; Woburn, MA 01801. The applicant's proposed activity is to allow relief from Becket Zoning Bylaws, Section 6.4, to install a 50 kW diesel backup generator to an existing cell site located at 57 Tower Road, Map 403, Lot 13. Any person interested or wishing to be heard should appear at the time and place designated. If unable to attend, please submit comments, in writing, to the Becket Planning Board at 557 Main St; Becket, MA 01223. Failure to make recommendations on the matter for review shall be deemed lack of opposition thereto. A copy of the application is available for review during regular business hours of the Town Clerk's Office. 12/17/18, 12/24/18
TOWN OF BECKET Pursuant to MGL, Ch. 40A, Sec. 11, the Planning Board will hold a Public Hearing at Becket Town Hall, 557 Main Street; Becket, MA on Wednesday, January 9, 2019, at 7:00 PM to review a Special Permit application submitted by Ashok Vaswani of 301 Franklin Avenue, apt 118, Garden City, NY 11530, on behalf of their partner, Zelita Rocha, MD, for a company operating as Plantus. The applicant's proposed activity is to allow relief from Becket Zoning Bylaws, Section 3.1.3, to operate an agricultural use, non-exempt, commercial greenhouse to organically grow and selectively harvest natural forest products at 0 Lane Road; Map 210, Lot 76. Any person interested or wishing to be heard should appear at the time and place designated. If unable to attend, please submit comments, in writing, to the Becket Planning Board at 557 Main St; Becket, MA 01223. Failure to make recommendations on the matter for review shall be deemed lack of opposition thereto. A copy of the application is available for review during regular business hours of the Town Clerk's Office. 12/17/18, 12/24/18
TOWN OF RICHMOND BOARD OF SELECTMEN NOTICE OF PUBLIC HEARING SPECIAL PERMIT The Selectmen will conduct a public hearing, pursuant to the provisions of Chapter 40A of the Massachusetts General Laws, and Section 4.8:11(b) and 6.3 of the Richmond Zoning Bylaw, on the petition for a special permit to George F Rufo III, for an accessory barn/workshop/studio/office, to be located at 1455 State Road, Assessors Map 405 Lot 108, that exceeds the height and square footage limits imposed by the Zoning Bylaw. The hearing will be held at 6:00 PM, Wednesday, January 2, 2018 at Town Hall, 1529 State Road. Neal Pilson Chairman 12/10/18, 12/17/18
TOWN OF RICHMOND BOARD OF SELECTMEN NOTICE OF PUBLIC HEARING SPECIAL PERMIT The Selectmen will conduct a public hearing, pursuant to the provisions of Chapter 40A of the Massachusetts General Laws, and Section 4.8:11(b) and 6.3 of the Richmond Zoning Bylaw, on the petition for a special permit to Marc J. Adams, for an accessory guest house and barn, to be located at 587 Canaan Road, Assessors Map 406 Lot 8, that exceeds the height and square footage limits imposed by the Zoning Bylaw. The hearing will be held at 6:00 PM, Wednesday, January 2, 2018 at Town Hall, 1529 State Road. Neal Pilson Chairman 12/10/18, 12/17/18
Classifieds
December 16th, 2018
Classifieds
December 15th, 2018
CITY OF NORTH ADAMS That Chapter 2, Section 2-27 of the Revised Ordinances of the City of North Adams, be and is hereby amended by striking out the reference to the Police Director in Schedule A presently on file in the Office of the City Clerk and substituting and incorporating in said Section by reference the following reference to the Police Chief in Schedule A: SCHEDULE A THE CLASSIFICATION PLAN BOARD OR DEPARTMENT DEPARTMENT OF PUBLIC SAFETY Police Chief GRADE NUMBER S-27B IN CITY COUNCIL December 11, 2018 VOTED: to pass to a second reading and Publish as required by law. Keith J. Bona, President Marilyn Gomeau, Clerk Posted December 15, 2018 12/15/18
CITY OF NORTH ADAMS That Chapter 8, Section 8-4 (Head of department) of the Revised Ordinances of the City of North Adams, be and is hereby amended by deleting in its entirety the Section presently on file in the Office of the City Clerk and inserting in its place in Chapter 8 the following Section 8-4: Sec. 8-4 Head of department. The police division shall be headed by a police chief, to be appointed by the mayor for a five year term. The fire division shall be headed by a fire chief, to be appointed by the mayor for a five year term. And be it further ordered that Chapter 8, Section 8-6 (Reference elsewhere) of the Revised Ordinances of the City of North Adams, be and is hereby amended by deleting in its entirety the Section presently on file in the Office of the City Clerk and inserting in its place in Chapter 8 the following Section 8-6: Sec. 8-6 Reference elsewhere. Any reference to the police division director elsewhere in these Revised Ordinances shall be deemed to mean the police chief. Any reference to the fire division director elsewhere in these Revised Ordinances shall be deemed to mean the fire chief. IN CITY COUNCIL DECEMBER 11, 2018 Voted: to pass to a second reading and publish as required by law. Keith J. Bona, President Marilyn Gomeau, Clerk Posted December 15, 2018 12/15/18
Classifieds
December 14th, 2018
CARE AND PROTECTION TERMINATION OF PARENTAL RIGHTS SUMMONS BY PUBLICATION DOCKET NUMBER: 17CP0028NA Trial Court of Massachusetts Juvenile Court Department COMMONWEALTH OF MASSACHUSETTS Berkshire County Juvenile Cour 21 Holden Street North Adams, MA 01247 TO: Any unknown, unnamed father of Sierra Lynn Schwarzer (DOB 02/12/16) born to Brittnay Mariah Schwarzer in Pittsfield, MA: A petition has been presented to this court by DCF, seeking as to the following child, Sierra Lynn Schwarzer, that said child be found in need of care and protection and committed to the Department of Children and Families. The court may dispense the rights of the person(s) named herein to receive notice of or to consent to any legal proceeding affecting the adoption, custody, or guardianship or any other disposition of the child named herein, if it finds that the child is in need of care and protection and that the best interests of the child would be served by said disposition. You are hereby ORDERED to appear in this court, at the court address set forth above, on the following date and time: 01/08/2019 09:00 AM Other Hearing You may bring an attorney with you. If you have a right to an attorney and if the court determines that you are indigent, the court will appoint an attorney to represent you. If you fail to appear, the court may proceed on that date and any date thereafter with a trial on the merits of the petition and an adjudication of this matter. For further information, call the Office of the Clerk-Magistrate at 413-664-8700. WITNESS: Hon. Joan M. McMenemy FIRST JUSTICE Laura Rueli CLERK-MAGISTRATE DATE ISSUED: 11/20/2018 12/14/18, 12/17/18, 12/24/18
CARE AND PROTECTION TERMINATION OF PARENTAL RIGHTS SUMMONS BY PUBLICATION DOCKET NUMBER: 15CP0094NA, Trial Court of Massachusetts Juvenile Court Department COMMONWEALTH OF MASSACHUSETTS Berkshire County Juvenile Court 21 Holden Street North Adams, MA 01247 TO: Joshua J. Eaton father of Joshua James Eaton, Jr. (DOB 06/14/2010) born to Lisa Siobahn Donovan in Newburyport, MA: A petition has been presented to this court by DCF, seeking as to the following child, Joshua J. Eaton, Jr, that said child be found in need of care and protection and committed to the Department of Children and Families. The court may dispense the rights of the person(s) named herein to receive notice of or to consent to any legal proceeding affecting the adoption, custody, or guardianship or any other disposition of the child named herein, if it finds that the child is in need of care and protection and that the best interests of the child would be served by said disposition. You are hereby ORDERED to appear in this court, at the court address set forth above, on the following date and time: 01/08/2019 09:00 AM Other Hearing You may bring an attorney with you. If you have a right to an attorney and if the court determines that you are indigent, the court will appoint an attorney to represent you. If you fail to appear, the court may proceed on that date and any date thereafter with a trial on the merits of the petition and an adjudication of this matter. For further information, call the Office of the Clerk-Magistrate at 413-664-8700. WITNESS: Hon. Joan M. McMenemy FIRST JUSTICE Laura Rueli CLERK-MAGISTRATE DATE ISSUED: 12/04/2018 12/14/18, 12/17/18, 12/24/18
Commonwealth of Massachusetts The Trial Court Probate and Family Court Berkshire Division Docket No. BE17P0474PM In the Matter of the Conservatorship of: Jeanne E. Allan CITATION To Jeanne E. Allan, now or formerly of Pittsfield, Massachusetts, her heirs apparent of presumptive; and all other persons interested; A petition, filed November 20, 2018, has been presented to said Court by Miriam Maduro, Esq., conservator of Jeanne E. Allan, protected person, praying for a license to sell at private sale for her maintenance, certain real estate situated in Lenox, Massachusetts, for the sum of One Hundred Twenty Five Thousand and No/100 Dollars (125,000). If you desire to object thereto, you or your attorney should file a written appearance in said Court at 44 Bank Row, Pittsfield, Massachusetts before ten o'clock in the forenoon on the 31st day of December, 2018, the return day of this citation. WITNESS, HON. RICHARD A. SIMONS, Esquire, First Justice of said Court, this 3rd day of December, 2018. Francis B. Marinaro Register of Probate Jennifer Galvagni Carpenter, Esq. Cain Hibbard & Myers, PC 66 West Street Pittsfield, MA 01201 12/14/18
MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 130 Tamarack Avenue, Lee, MA 01238 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by DAVID D. SIRES, JR. AND TRICIA B. SIRES F/K/A TRICIA B. CASTRONOVA to BERKSHIRE BANK, a Massachusetts banking corporation (the "Mortgagee") dated February 25, 2005 and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 3165, Page 31, of which the undersigned is the present holder, for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, there will be sold at Public Auction at 11:30 AM ON THE 7th DAY OF JANUARY, 2019 at the mortgaged premises known as 130 Tamarack Avenue, Lee, Massachusetts 01238, all and singular, the premises described in the Mortgage (the "Mortgaged Premises"), to wit: " t he following described property located in the County of BERKSHIRE which currently has the address of 130 TAMARACK AVENUE, LEE, Massachusetts 01238 ("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." Schedule A to the Mortgage reads as follows: "SCHEDULE A Property Location: 130 Tamarack Avenue, Lee, MA 01238 Parcel #1 Lot #10 Bounded on the South by Myrtle Avenue seventy-five (75) feet; Bounded on the West by Tamarack Street one hundred twenty-five (125) feet; Bounded on the North by Lot #5 seventy-five (75) feet; Bounded on the East by Lot #9 one hundred twenty-five (125) feet. Said Lot #10 and the lots referred to are shown on a plan of Revised Lots - Block "A" Joseph U. Abderhalden, dated December 1961, drawn by Charles Joseph Liston, Registered Land Surveyor, and recorded with Berkshire Middle District Registry of Deeds at Pittsfield in Book 417-E, Page 153. Parcel #2 Lot #9 Bounded on the South by Myrtle Avenue seventy-five (75) feet; Bounded on the West by Lot #10 one hundred twenty-five (125) feet; Bounded on the North by Lot #5 seventy-five (75) feet; Bounded on the East by Lot #8 one hundred twenty-five feet (125) feet. Said Lot #9 and the lots referred to are shown on a plan of Revised Lots - Block "A" of Joseph Abderhaldden, dated December 1961, drawn by Charles Joseph Liston, Registered Land Surveyor, and recorded with Berkshire Middle District Registry of Deeds at Pittsfield, in Book 417E, Page 153. Being the same premises conveyed to the mortgagors herein by deed of Mary E. Scapin to be recorded simultaneously herewith." In the event of any typographical error set forth herein in the legal description of the Mortgaged Premises, the description as set forth and contained in the Mortgage shall control by reference. The Mortgaged Premises will be sold subject to and, with the benefit of, all restrictions, easements, improvements, leaseholds, tenancies, occupants, outstanding tax titles, municipal or other public taxes, liens, or other claims in the nature of liens, and existing encumbrances of record having priority over the Mortgage. The Mortgagee makes no representations concerning the condition of the Mortgaged Premises or its compliance with applicable zoning, building, sanitary or other state and/or municipal regulations. TERMS OF SALE: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash, certified or bank check with no intervening endorsements at the time and place of sale. In the event that the successful bidder at the foreclosure sale shall default in purchasing the Mortgaged Premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder, providing that said second highest bidder shall deposit with the Mortgagee's attorneys, MARTIN & OLIVEIRA, The Clocktower, 75 South Church Street; Suite 550, Pittsfield, Massachusetts 01201, the amount of the required deposit as set forth herein within three (3) business days after written notice of the default of the previous highest bidder and title shall be conveyed to the said second highest bidder within twenty (20) days of said written notice. If the second highest bidder declines to purchase the Mortgaged Premises, the Mortgagee reserves the right to purchase the within described property at the amount bid by the second highest bidder. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale. The Foreclosure Deed of the Mortgage Premises shall be delivered and the balance of the purchase price within twenty (20) days of the Public Auction. The successful bidder will be required to execute a Memorandum of Foreclosure Sale containing the above terms at the time and place of sale. Other terms, if any, to be announced at the time and place of sale. Present holder of said mortgage: BERKSHIRE BANK Attorney for the Mortgagee: William E. Martin MARTIN & OLIVEIRA, LLP THE CLOCKTOWER 75 South Church Street; Suite 550 Pittsfield, Massachusetts 01201-6145 Telephone (413) 443-6455 12/14/18, 12/21/18, 12/28/18
(SEAL) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT 18 SM 005787 ORDER OF NOTICE TO: Shawn O'Shea Jean-Marie O'Shea fka Jean-Marie Smith and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 3901 (et seq): U.S. Bank Trust N.A., as Trustee of Bungalow Series F Trust claiming to have an interest in a Mortgage covering real property in Pittsfield, numbered 141 Onota Street, given by Shawn O'Shea and Jean-Marie O'Shea f/k/a Jean-Marie Smith to Countrywide Home Loans Inc. by and through its nominee Mortgage Electronic Registration Systems, Inc., dated July 16, 2005, and recorded in the Berkshire County (Middle District) Registry of Deeds in Book 3278, Page 320, and now held by plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant's/Defendants' Servicemembers status. If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before JAN 1 4 2019 or you will be forever barred from claiming that you are entitled to the benefits of said Act. Witness, Gordon H. Piper, Chief Justice of this Court on NOV 30 2018 TRUE COPY ATTEST: Deborah J. Patterson Recorder 12/14/18
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