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Classifieds
September 18th, 2019
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE19P0541EA Estate of: Ruby W. West Also Known As: Ruby West and Ruby Wilhelmina West Date of Death: June 26, 2019 Berkshire Division 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Dietrich D. West-Graham of Elyria OH a Will has been admitted to informal probate. Dietrich D. West-Graham of Elyria OH 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. Aaronson & Mach, PC 57 Wendell Avenue Pittsfield, MA 01201 413-499-1200 09/18/19
Commonwealth of Massachusetts The Trial Court Probate and Family Court INFORMAL PROBATE PUBLICATION NOTICE Docket No. BE19P0586EA Estate of: Herbert H. Mosman Also Known As: Date of Death: 03/27/2019 Berkshire Division 44 Bank Row Pittsfield, MA 01201 (413) 442-6941 To all persons interested in the above captioned estate, by Petition of Petitioner Katherine J. Goodno of Pittsfield MA a Will has been admitted to informal probate. Katherine J. Goodno 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. Aaronson & Mach, PC 57 Wendell Avenue Pittsfield, MA 01201 413-499-1200 09/18/19
CITY OF PITTSFIELD PURCHASING DEPARTMENT INVITATION FOR BID The City of Pittsfield, Massachusetts, acting through its Mayor and its Purchasing Agent, will receive sealed bids for: IFB #20-010 Elevator Modernization at McKay Parking Garage Estimated Cost: $295,000.00 Bidding procedures will be in accordance with the latest edition of M.G.L. Chapter 149. General Bidders must be pre qualified by the Massachusetts DCAM in the category of ELEVATORS and submit a Certificate of Eligibility and also an Update Statement with their bid. These General bids will be received until 2:00 P.M. on October 8, 2019, at which time all bids will be publicly opened and read aloud. Any bids received after the specified time will not be accepted. All bids will be submitted in a sealed envelope clearly marked "SEALED BID ENCLOSED IFB#20-010 Elevator Modernization at McKay Parking Garage". Said bids will be addressed to the Purchasing Agent, Room 102, City Hall, 70 Allen Street, Pittsfield, MA 01201. A pre-bid meeting is scheduled for 10:00 AM on September 24, 2019 on site at the McKay Street Parking Garage on McKay Street in Pittsfield. The City of Pittsfield Purchasing Agent reserves the right to accept or reject any or all bids or to waive any informality in the bidding. Bids shall be valid for 30 business days after the bid receipt date. Also reserved is the right to reject, for cause, any bid in part or whole, if it is judged by the Purchasing Agent that the best interests of the City will be served thereby. Wages are subject to the prevailing wage requirement of M.G.L. Chapter 149, 26-27F, inclusive. Attention is called to the "Equal Opportunity Clause" and the standard Federal Equal Employment Opportunity Construction contract specifications. All Bidders will receive consideration without regard to race, color, religion, age, sex, marital status, sexual orientation, gender identity, national origin, disability, or veteran status. Colleen Hunter-Mullett, MCPPO Purchasing Agent 09/18/19
Commonwealth of Massachusetts The Trial Court Probate and Family Court CITATION G.L.c. 210, 6 Docket No. BE19A0019AD In the matter of: Isabella Bryn Brady To: Daniel Levi Moore, Last Known Address and persons interested in a petition for the adoption of said child and to the Department of Children and Families of said Commonwealth. A petition has been presented to said court by: Jeremy A Ostrander of Pittsfield, MA, Kara Lynn Ostrander of Pittsfield, MA requesting for leave to adopt said child and that the name of the child be changed to Isabella Bryn Ostrander Berkshire Probate and Family Court 44 Bank Row, Pittsfield, MA 01201 (413)442-6941 If you object to this adoption you are entitled to the appointment of an attorney if you are an indigent person. An indigent person is defined by SJC Rule 3:10. The definition includes but is not limited to persons receiving TAFDC, EACDC, poverty related veteran's benefits, Medicaid, and SSI. The Court will determine if you are indigent. Contact an Assistant Judicial Case Manager or Adoption Clerk of the Court on or before the date listed below to obtain the necessary forms. IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT:Pittsfield ON OR BEFORE TEN O'CLOCK IN THE MORNING (10:00 AM) ON: 12/09/2019 WITNESS, Hon. Richard A Simons, First Justice of this Court. Date:August 30, 2019 Francis B. Marinaro Register of Probate 09/11/19, 09/18/19, 09/25/19
MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE 34 Church Street Stockbridge, Massachusetts 01262 By virtue and in execution of the Power of Sale contained in a certain mortgage (the "Mortgage") given by LARRY L. KURBER to LEGACY BANKS (NOW KNOWN AS BERKSHIRE BANK SUCCESSOR BY MERGER TO LEGACY BANKS), a Massachusetts banking corporation dated October 7, 2008 and recorded with the Berkshire County (Middle District) Registry of Deeds in Book 4159, Page 104, of which the undersigned is the present holder by virtue of that certain Assignment of Mortgage from BERKSHIRE BANK, successor by merger to Legacy Banks, to RUBY REALTY, LLC, a Massachusetts limited liability corporation having a mailing address of 155 Maple Street, Suite 111, Springfield, Massachusetts 01105, dated August 16, 2019 and recorded with said Deeds in Book 6460, Page 194 (the "Mortgagee"), for breach of the conditions of the Mortgage and for the purpose of foreclosing the same, there will be sold at Public Auction at 10:00 AM on the 27th day of September, 2019 at the mortgaged premises known as 34 Church Street, Stockbridge, Massachusetts 01262, all and singular, the premises described in the Mortgage (the "Mortgaged Premises"), to wit: the following described property located in the Registry of Deeds of Berkshire Middle: which currently has the address of 34 Church Street, Stockbridge, Massachusetts 01262: 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. Exhibit A to the Mortgage reads as follows: "EXHIBIT A Beginning at the southwesterly corner of the land herein described: thence north on the easterly line of Church Street 3 30' east 771/2 feet to land, now or formerly, of Richard J. O'Brien; thence south 84 30' east 17 rods and 21 links to land formerly of Joseph H. Choate; thence south 12 15' west 771/2 feet to the northeasterly corner of the lot occupied by Alice M. Caffrey in her lifetime as a homestead; thence on the northerly line of said homestead lot 16 rods 10 links, more or less, to the place of beginning. Containing 1/2 acre of land, more or less. Together with all of my right, title and interest in and to the fee of said Church Street adjacent to and abutting the above described real estate to the center line thereof. Being the same premises conveyed to the Mortgagor herein by deed of Margaret S. McCormick dated December 2, 1985 and recorded in the Berkshire Middle District Registry of Deeds in Book 1133, Page 504." 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: TEN THOUSAND DOLLARS ($10,000.00) 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, LLP, 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 paid 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: RUBY REALTY, LLC 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 09/04/19, 09/11/19, 09/18/19
(SEAL) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT 19 SM 004113 ORDER OF NOTICE To: Ray H. Pent; Patricia S. Pent and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 3901 (et seq) Wells Fargo Bank, N.A. claiming to have an interest in a Mortgage covering real property in Dalton, numbered 370 Grange Hall Road, given by Ray H. Pent and Patricia S. Pent to Wells Fargo Bank, N.A., dated July 22, 2005, and recorded in the Berkshire County (Middle District) Registry of Deeds in Book 3281, Page 68, 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 October 28, 2019 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act. Witness, GORDON H. PIPER, Chief Justice of this Court on September 11, 2019. Attest: Deborah J. Patterson Recorder 17170 09/18/19
TOWN OF RICHMOND ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING ENFORCEMENT APPEAL The Zoning Board of Appeals will conduct a public hearing, pursuant to the provisions of Chapter 40A of the Massachusetts General Laws, and Section 7.2.1 of the Richmond Zoning Bylaw, on the appeal by Mark Fowler and Erena Langlely of the Zoning Enforcement Officer's failure to issue an enforcement order in response to their July 3, 2019 Request for Enforcement with respect to the alleged non-farming commercial uses of the property located at 508 Canaan Road, Richmond, Massachusetts (Assessor's Map 406, Lot 27) formerly owned by Doreen D. Vittori, Trustee of Vittori Realty Trust and now owned by Vittori Realty, LLC . Copies of the appeal and request for enforcement and supporting materials are available for review at the office of the Richmond Town Clerk during regular business hours. A site-visit will be held at the property at 6:30 PM and the hearing will be held at Town Hall, 1529 State Road, Richmond, MA, at 7:00 PM, Wednesday, October 2, 2019. William E. Martin Chairman 09/11/19, 09/18/19
Town of Windsor The Board of Selectmen will hold the FY 2020 tax classification hearing at 7:00 pm on Monday, September 23, 2019 in their office at the Town Office Building, 1890 Route 9. The Selectmen must determine the local property tax burden to be levied among the four classes of real property. The Assessor will be in attendance to provide information and data relevant to making the decision. 09/18/19
Classifieds
September 17th, 2019
MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by SEAN P. DALEY and AMANDA BROWN to ADAMS COMMUNITY BANK, dated August 8, 2014, and recorded on August 8, 2014, with the Berkshire Middle District Registry of Deeds in Book 5418, Page 335, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 10:00 a.m. on the Third (3rd) day of October, 2019, at the mortgaged premises described below, to wit, 105 St. James Avenue, Lee, Massachusetts, all and singular, the premises in said Lee, Berkshire County, Massachusetts, described in said Mortgage, to wit: Being Lot 14 shown on a plan of land entitled "Division of Portion of Land of Norman R. March, Town of Lee, Berkshire County, Massachusetts, dated July 1, 1980", drawn by William A. Loeb, R.L.S., West Stockbridge Enterprises, Inc. And recorded in the Berkshire Middle District Registry of Deed in Drawer D, No. 35, more particularly bounded and described as follows: Beginning in an iron pipe in the westerly side of St. James Avenue, which iron pipe marks the southeasterly corner of the lands described herein; Thence preceding westerly on a course South 86 degrees 52 minutes 04 seconds for a distance of 130.04 feet to an iron pipe; Thence turning and proceeding easterly on a course of North 02 degrees 00 minutes 21 seconds West for a distance of 100 feet to an iron pipe; Thence turning and proceeding on a course of North 86 degrees 25 minutes 04 seconds East for a distance of 20 feet to an iron pipe; Thence turning and proceeding northerly on a course of North 02 degrees 00 minutes 21 seconds West for a distance of 101.02 feet to an iron pipe on the southerly boundary of Lot 11 shown on said plan; Thence turning and proceeding easterly on a course of North 86 degrees 25 minutes 04 seconds East for a distance of 110.26 feet to an iron pipe on the westerly boundary of land now or formerly of Avigo; Thence turning and proceeding southerly on a course of South 01 degree 57 minutes 26 seconds East for a distance of 202.06 feet to the iron pipe at the point of beginning. Containing 0.56 acres, more or less. Together with the frontage variance issued by the Town of Lee Zoning Board of Appeals dated August 26, 1981, notice of which is recorded in the Berkshire Middle District Registry of Deeds in Book 1049, Page 910. Subject to a ten (10) foot wide drainage easement to the Town of Lee dated July 3, 1981, recorded in the Berkshire Middle District Registry of Deeds in Book 1048, Page 667. Being the same premises conveyed to the grantors herein by deed of Doris H. Shaw and Todd H. Shaw dated November 23, 2010 and recorded in the Berkshire Middle District Registry of Deeds in Book 4666, Page 168. Also being the same premises conveyed to the mortgagors simultaneously herewith. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. It shall be the bidder's sole responsibility to ascertain all items described in this paragraph and no representations are made concerning compliance with applicable zoning, building, sanitary or other state and/or municipal laws, ordinances or regulations. TERMS OF SALE: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash or by certified check or bank cashier's check by the purchaser at the time and place of sale. The balance is to be paid in cash or by certified or bank cashier's check and the deed shall be delivered within twenty-one (21) days after the public auction at the offices of HASHIM & SPINOLA, 82 Wendell Avenue, Pittsfield, Massachusetts. The purchaser will be responsible for all the closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum containing the terms of this sale. In the event the successful bidder shall default in purchasing the within described premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with the Mortgagee's attorneys, HASHIM & SPINOLA, the amount of the required deposit as set forth herein within three (3) business days after written Notice of 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. This sale may be postponed or adjourned from time to time, if necessary, by the attorney for the mortgagee at the scheduled time and place of sale. The description for the premises contained in said Mortgage shall control in the event of a typographical error in this publication. Other terms, if any, to be announced at the time and place of sale. ADAMS COMMUNITY BANK, Holder of Said Mortgage Date: September 3, 2019 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA 01201 (413) 499-1304 AUCTIONEER: FRED S. HOBART PO BOX 303 ADAMS, MA 01220 License No. 393 09/10/19, 09/17/19, 09/24/19
Trial Court of Massachusetts The Superior Court Berkshire Superior Court 76 East Street Pittsfield, MA 01201 ORDER OF NOTICE BY PUBLICATION DOCKET NUMBER 1976CV00192 GREYLOCK FEDERAL CREDIT UNION, Plaintiff v. THE HEIRS, DEVISEES AND/OR LEGAL REPRESENTATIVES OF THE ESTATE OF FRANK A. MASDEA, SR., LATE OF PITTSFIELD, BERKSHIRE COUNTY, MASSACHUSETTS, FRANK A. MASDEA, JR., INDIVIDUALLY, and ANY AND ALL OTHER POSSIBLE PARTIES IN INTEREST, Defendants Defendants TO: THE HEIRS, DEVISEES AND/OR LEGAL REPRESENTATIVES OF THE ESTATE OF FRANK A. MASDEA, SR., LATE OF PITTSFIELD, BERKSHIRE COUNTY, MASSACHUSETTS, FRANK A. MASDEA, JR., INDIVIDUALLY, and ANY AND ALL OTHER POSSIBLE PARTIES IN INTEREST, Defendants, all in said Commonwealth; and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.; GREYLOCK FEDERAL CREDIT UNION, a Credit Union duly organized under the laws of the United States of America, with a principal place of business at 150 West Street, Pittsfield, Massachusetts, claiming to have interest in a Mortgage covering real property in Pittsfield, Berkshire County, Massachusetts, known and numbered as 224 Onota Street, given by FRANK A. MASDEA, SR. to GREYLOCK FEDERAL CREDIT UNION dated 02/19/08, and recorded in Berkshire County Middle District Registry of Deeds, in Book 3993, Page 304 has/have filed with this court a Complaint for determination of Defendant's/ Defendants' Servicemember status. If you now are, or recently have been in 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 Pittsfield Massachusetts on or before 10/14/19 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act. Witness, Judith Fabricant, Esquire, Chief Justice of the Superior Court, at Pittsfield, Massachusetts, this 26th day of, August, 2019. A True Copy Attest: Deborah S. Capeless Clerk of Courts Hashim & Spinola 82 Wendell Avenue Pittsfield, MA 01201 413-499-1304 09/17/19
Trial Court of Massachusetts The Superior Court Berkshire Superior Court 76 East Street Pittsfield, MA 01201 ORDER OF NOTICE BY PUBLICATION DOCKET NUMBER 1976CV00190 GREYLOCK FEDERAL CREDIT UNION, Plaintiff v. TINA JOHNSON, Defendant TO: TINA JOHNSON all in said Commonwealth; and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.; GREYLOCK FEDERAL CREDIT UNION, a Credit Union duly organized under the laws of the United States of America,with a principal place of business at 150 West Street, Pittsfield, Massachusetts, claiming to have interest in a Mortgage covering real property in North Adams, Berkshire County, Massachusetts, known and numbered as 16 Beacon Street, given by TINA JOHNSON to GREYLOCK FEDERAL CREDIT UNION dated 12/15/08, and recorded in Berkshire County Northern District Registry of Deeds, in Book 1354, Page 463 has/have filed with this court a Complaint for determination of Defendant's/ Defendants' Servicemember status. If you now are, or recently have been in 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 Pittsfield Massachusetts on or before 10/14/19 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act. Witness, Judith Fabricant, Esquire, Chief Justice of the Superior Court, at Pittsfield, Massachusetts, this 26th day of, August, 2019. A True Copy Attest: Deborah S. Capeless Clerk of Courts Hashim & Spinola 82 Wendell Avenue Pittsfield, MA 01201 413-499-1304 09/17/19
MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by GINA VALLONE and MICHAEL BASILIERE to GREYLOCK FEDERAL CREDIT UNION, dated February 1, 2005, and recorded on February 7, 2005, with the Berkshire Middle District Registry of Deeds in Book 3154, Page 252, as modified by Agreement dated April 7, 2014, and recorded in said Registry of Deed in Book 5364, Page 209, and by Agreement dated June 26, 2018, and recorded in said Registry of Deeds in Book 6226, Page 94, of which mortgage the undersigned is the present holder, for breach of the conditions of the said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 1:00 p.m. on the Tenth (10th) day of October, 2019, at the mortgaged premises described below, to wit, 1046 Main Street, Dalton, Massachusetts, all and singular, the premises in said Dalton, Berkshire County, Massachusetts, described in said Mortgage, to wit: The land in Dalton, Berkshire County, Massachusetts, bounded and described as follows: Beginning at an iron pipe set in the southerly sideline of East Main Street at the northeasterly corner of land now or formerly of Martin and at the northwesterly corner of the parcel herein described; thence S 12-07-43 W along Martin's easterly line 150.00 feet to an iron pipe; thence S 77-52-17 E 100.00 feet to an iron pipe; thence N 12-07-43 E 150.00 feet to an iron pipe set in the southerly sideline of East Main Street; thence N 77-52-17 W along said sideline 100.00 feet to the point of beginning. Containing 15,000 square feet more or less and being Lot # A as shown on a plan entitled "Plan Showing Land to be Conveyed by Wahconah Country Estates, Inc. on East Main St., Dalton, R.D. Jordan, June 1987", recorded in the Berkshire Middle District Registry of Deeds in Book 417H, Page 155. Being the same premises conveyed to Michael Basiliere and Gina Vallone by deed of Gina Vallone dated September 9, 2004 and recorded in the Berkshire Middle District Registry of Deeds in Book 3042, Page 249 on September 9, 2004. Said premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, prior liens, mortgages and other enforceable encumbrances of record having priority over the mortgage described herein, and subject to, and with the benefit of, all easements, restrictions, improvements, reservations and conditions of record, and all tenancies and/or rights of parties in possession, including rights or claims to personal property installed by tenants or former tenants now located on the premises. It shall be the bidder's sole responsibility to ascertain all items described in this paragraph and no representations are made concerning compliance with applicable zoning, building, sanitary or other state and/or municipal laws, ordinances or regulations. TERMS OF SALE: FIVE THOUSAND DOLLARS ($5,000.00) will be required to be paid in cash or by certified check or bank cashier's check by the purchaser at the time and place of sale. The balance is to be paid in cash or by certified or bank cashier's check and the deed shall be delivered within twenty-one (21) days after the public auction at the offices of HASHIM & SPINOLA, 82 Wendell Avenue, Pittsfield, Massachusetts. The purchaser will be responsible for all the closing costs, recording fees, deed stamps and shall be required to sign an Auctioneer's Memorandum containing the terms of this sale. In the event the successful bidder shall default in purchasing the within described premises according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with the Mortgagee's attorneys, HASHIM & SPINOLA, the amount of the required deposit as set forth herein within three (3) business days after written Notice of 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. This sale may be postponed or adjourned from time to time, if necessary, by the attorney for the mortgagee at the scheduled time and place of sale. The description for the premises contained in said Mortgage shall control in the event of a typographical error in this publication. Other terms, if any, to be announced at the time and place of sale. GREYLOCK FEDERAL CREDIT UNION, Holder of Said Mortgage Date: September 9, 2019 FROM THE OFFICES OF: HASHIM & SPINOLA Attorneys for the Mortgagee 82 Wendell Avenue Pittsfield, MA 01201 (413) 499-1304 AUCTIONEER: MARCELLA ASSOCIATES LICENSE NO. 1687 44 Lake Street Dalton, MA 01226 09/17/19, 09/24/19, 10/01/19
Trial Court of Massachusetts The Superior Court Berkshire Superior Court 76 East Street Pittsfield, MA 01201 ORDER OF NOTICE BY PUBLICATION DOCKET NUMBER 1976CV00191 GREYLOCK FEDERAL CREDIT UNION, Plaintiff v. JAMES E. N. MURPHY Defendants TO: JAMES E. N. MURPHY, all in said Commonwealth; and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.; GREYLOCK FEDERAL CREDIT UNION, a Credit Union duly organized under the laws of the United States of America, with a principal place of business at 150 West Street, Pittsfield, Massachusetts, claiming to have interest in a Mortgage covering real property in North Adams, Berkshire County, Massachusetts, known and numbered as 90 Hall Street given by JAMES E. N. MURPHY to GREYLOCK FEDERAL CREDIT UNION dated 12/12/11, and recorded in Berkshire County Northern District Registry of Deeds, in Book 1462, Page 310 has/have filed with this court a Complaint for determination of Defendant's/ Defendants' Servicemember status. If you now are, or recently have been in 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 Pittsfield Massachusetts on or before 10/14/19 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act. Witness, Judith Fabricant, Esquire, Chief Justice of the Superior Court, at Pittsfield, Massachusetts, this 26th day of August, 2019. A True Copy Attest: Deborah S. Capeless Clerk of Courts Hashim & Spinola 82 Wendell Avenue Pittsfield, MA 01201 413-499-1304 09/17/19
Trial Court of Massachusetts The Superior Court Berkshire Superior Court 76 East Street Pittsfield, MA 01201 ORDER OF NOTICE BY PUBLICATION DOCKET NUMBER 1976CV00193 GREYLOCK FEDERAL CREDIT UNION, Plaintiff v. THE HEIRS, DEVISEES AND/OR LEGAL REPRESENTATIVES OF THE ESTATE OF GEORGE THOMAS WHEELER, LATE OF LANESBORO, BERKSHIRE COUNTY, MASSACHUSETTS. AIMEE CASEY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE THOMAS WHEELER, CHRISTOPHER WHEELER AND ANDREW WHEELER. INDIVIDUALLY, and ANY AND ALL OTHER POSSIBLE PARTIES IN INTEREST Defendants TO: THE HEIRS, DEVISEES AND/ OR LEGAL REPRESENTATIVES OF THE ESTATE OF GEORGE THOMAS WHEELER, LATE OF LANESBORO, BERKSHIRE COUNTY, MASSACHUSETTS. AIMEE CASEY, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GEORGE THOMAS WHEELER, CHRISTOPHER WHEELER AND ANDREW WHEELER. INDIVIDUALLY, and ANY AND ALL OTHER POSSIBLE PARTIES IN INTEREST, all in said Commonwealth; and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.; GREYLOCK FEDERAL CREDIT UNION, a Credit Union duly organized under the laws of the United States of America, with a principal place of business at 150 West Street, Pittsfield, Massachusetts, claiming to have interest in a Mortgage covering real property in Lanesboro, Berkshire County, Massachusetts, known and numbered as 50 Olsen Road, given by GEORGE THOMAS WHEELER to GREYLOCK FEDERAL CREDIT UNION dated 12/08/08, and recorded in Berkshire County Northern District Registry of Deeds, in Book 1353, Page 820 has/have filed with this court a Complaint for determination of Defendant's/ Defendants' Servicemember status. If you now are, or recently have been in 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 Pittsfield Massachusetts on or before 10/14/19 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act. Witness, Judith Fabricant, Esquire, Chief Justice of the Superior Court, at Pittsfield, Massachusetts, this 26th day of August, 2019. A True Copy Attest: Deborah S. Capeless Clerk of Courts Hashim & Spinola 82 Wendell Avenue Pittsfield, MA 01201 413-499-1304 09/17/19
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 John M. Gates to Berkshire Bank, dated January 8, 2003 and recorded in the Berkshire County (Middle District) Registry of Deeds in Book 2425, Page 211, of which mortgage the undersigned is the present holder, by assignment from: Berkshire Bank to Siwell Inc., dba Capital Mortgage Services of Texas, recorded on February 4, 2004, in Book No. 2844, at Page 184 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 October 16, 2019, on the mortgaged premises located at 192 Lakeway Drive, Pittsfield, Berkshire County, Massachusetts, all and singular the premises described in said mortgage, TO WIT: Beginning at the corner of Lake Avenue and Eighth Street, so-called, at the southeast corner of land to be conveyed; Thence northerly on said Eighth Street twelve (12) rods; Thence westerly at right angles to said Street eight (8) rods; Thence southerly in a line parallel with said Street twelve (12) rods to said Avenue; Thence easterly on said Avenue eight (8) rods to the place of beginning. Being the same premises conveyed to GORDON J. GATES, et ux by deed of Roy F. Clark et ux dated June 8, 1971, and recorded in the Berkshire Middle District Registry of Deeds in Book 907, Page 75&c. See also boundary line agreement dated June 30, 1989 between Gordon J. Gates and the City of Pittsfield, recorded in said Registry in Book 1280, Page 292&c, Our title is derived as Heirs at Law of Gordon J. Gates (Deceased), see Berkshire Probate Court Docket No. 99P0044AD. Being the same premises conveyed to the mortgagors herein by deed of Geraldine M. Gates, Lorraine Robitiile, Gordon F. Gates, Theresa Fosty dated December 20, 1999 and recorded in said Registry of Deeds in Book 1699, Page 545. For mortgagor's(s') title see deed recorded with Berkshire County (Middle District) Registry of Deeds in Book 1699, Page 545. 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. SIWELL INC. DBA CAPITAL MORTGAGE SERVICES OF TEXAS Present holder of said mortgage By its Attorneys, HARMON LAW OFFICES, P.C. 150 California St. Newton, MA 02458 (617)558-0500 11382 09/10/19, 09/17/19, 09/24/19
PUBLIC HEARING ADAMS ZONING BOARD OF APPEALS In accordance with the Adams Zoning Bylaws and requirements of MGL c. 40A, the following public hearing will be held at the Town Hall, Mahogany Room, 8 Park Street, Adams, MA on Tuesday, September 24, 2019 at 6:00 PM. Application of KMS Signs and David Oshman for property located at 127 Columbia Street, requesting a Special Permit under 125-15 "Sign Regulations" of the Adams Zoning Bylaw to erect a free-standing sign in a B-2 Zoning District. Brian Tenczar, Acting Chairman 09/10/19, 09/17/19
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, October 16, 2019, at 7:00 PM to review a Special Permit application submitted by Susan K. Frisbie regarding 34 Western Avenue. The applicant's proposed activity is to allow relief from Becket Zoning Bylaws, Section 3.4.3, to construct an addition into the side setback areas to square off the house at 34 Western Avenue, Becket, MA 01223, Map/Lot: 211/94. 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 Street; 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 at the Town Clerk's Office during regular business hours. 09/17/19, 09/24/19
Town of Lenox Zoning Board of Appeals Notice is hereby given that the Lenox Zoning Board of Appeals will hear a Petition for extension of a Special Permit originally granted for the property at 107 Yokun Avenue (Map 12, Parcel 2-1), located within the Residential "R-1A" zoning district in Lenox, on October 2, 2019 at 7:00 p.m. in Lenox Town Hall (6 Walker Street). The original Special Permit was granted in 2017 allowing for the operation of a residential center for women with eating disorders. Copies of the Petition are available for review in the office of Town Clerk Monday-Friday, 8:30 a.m. to 4:00 p.m. or on the Lenox website 24/7. 09/17/19, 09/24/19
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