Public Notices




            By virtue of and in execution of a Judgment of Foreclosure and Sale entered in the Washington County Superior Court on December 9, 2013, in an action entitled Machias Savings Bank v. Rohan, et als., Docket No. MACSC-RE-12-030, for the foreclosure of a mortgage recorded in the Washington County Registry of Deeds in Book 3587, Page 173, and pursuant to an order of the U.S. Bankruptcy Court, District of Utah, Central Division, in Case No. 14-22164, dated June 27, 2014, granting Machias Savings Bank relief from stay, the statutory 90 day period having elapsed without redemption and the statutory period of redemption having expired, notice is hereby given that there will be sold at public sale at 11:00 a.m. on August 27, 2014, at the office of Talbot & Talbot, 24 Center Street, Machias, Maine, all and singular the premises described in said mortgage, to which reference is hereby made for a complete description.


            The property is located at 290 West Side Road, Addison, Maine.


            Terms of Sale:  Premises will be sold to the highest bidder.  The mortgage holder reserves the right to bid.  The purchase price is payable as follows: Five Thousand Dollars ($5,000.00) in cash, certified check, or cashier's check payable to Jensen Baird Gardner & Henry at the sale as a non-refundable earnest money deposit; the balance in cash, certified check, or cashier's check within thirty (30) days thereafter.


            Additional terms will be announced at the sale.  The mortgagee's attorney for purposes of this sale is David J. Jones, Esq., Jensen Baird Gardner & Henry, 11 Main Street, Kennebunk, Maine 04043 (207-985-4676).





PROBATE COURT                                                                           Court Street

Washington, SS.                                                                                 Machias, Maine

Location of Court


        18-A MRSA Section 3-801


The following Personal Representatives have been appointed in the estates noted.  The first publication date of this notice is   June 11,  2014.

If you are a creditor of an estate listed below, you must present your claim within four months of the first publication date of this Notice to Creditors or be forever barred.

You may present your claim by filing a written statement of your claim on a proper form with the Register of Probate of this Court or by delivering or mailing to the Personal Representative listed below at the address published by his name a written statement of the claim indicating the basis therefor, the name and address of the claimant and the amount claimed or in such other manner as the law may provide.  See 18-A MRSA 3-804.


ESTATE OF WILLIAM HENRY BLAKE, LATE OF LUBEC, DECEASED.  Eugene W. Blake, 79 Thompson Lane, Lubec, ME 04652, appointed Personal Representative.  Docket #2014-090


ESTATE OF CARLTON L. DAVIS, LATE OF EAST MACHIAS, DECEASED.  Sandra Millay, 267 Kennebec Road, Machias, ME 04654, appointed Personal Representative.  Docket #2014-092


ESTATE OF LESLIE WALLS GRANT, LATE OF DENNYSVILLE, DECEASED.  Colin C. Walls, P.O. Box 164, Monson, ME 04464, appointed Personal Representative.  Docket #2014-088


ESTATE OF KENNETH D. ROBINSON, LATE OF HARRINGTON,  DECEASED.  Glenna L. Robinson, P.O. Box 116, Harrington, ME 04643, appointed Personal Representative.  Docket #2014-086


ESTATE OF KARL B. GRAF, LATE OF ROQUE BLUFFS, DECEASED.  Eleanor Longfellow Strong Graf,  42 Johnson Cove Road, Roque Bluffs, ME 04654, appointed Personal Representative.  Docket #2014-085


Date:   June 5, 2014                                                                Carlene M. Holmes

June 11 & 18, 2014                                                     Register of Probate


N-119                     1-1-81



PROBATE COURT                                                               Court Street

Washington, SS.                                                                      Machias, Maine

Location of Court





Notice is hereby given by the respective petitioners that they have filed the following proceedings. These matters will be heard at  10:00 A.M. or as soon thereafter as they may be on  July 1, 2014  The requested actions may be taken on or after the hearing date if no sufficient objection be heard.  This notice complies with the requirements of 18-A MRSA Sections 1-701, 5-207, 5-309, 5-405, 3-306, 3-310, 3-403, 3-414  and Probate Rule 4.


ESTATE OF NICHOLAS PETER BOUTIN OF LUBEC.  Petition of Nicholas Peter Boutin praying that his name may be changed to Crowsneck Alphonse Boutin. Nicholas Peter Boutin, Petitioner, 666 Straightbay Road, Lubec, ME 04652.  Docket #2014-096


ESTATE OF WENDY SUE ELLIOTT OF LUBEC.  Petition of Wendy Sue Elliott praying that her name may be changed to Wendy S. Elliott Durrett. Wendy Sue Elliott, Petitioner, 99 Little Machias Road, Cutler, ME 04626.  Docket #2014-094


ESTATE OF EMMA LYNN FITZSIMMONS OF MACHIASPORT.  Petition of John B. Mallar and Annette Mallar, grandparents, praying that the name of said Emma Lynn Fitzsimmons may be changed to Emma Lynn Fitzsimmons-Mallar.  John B. Mallar and Annette Mallar, Petitioners, of  728 Cutler Road, Machiasport, ME 04655.  Docket #2014-091


The following will be heard on July 1, 2014 at 11:00 A.M. or as soon thereafter as may be.


ESTATE OF SINAI HERRERA VARGAS OF STEUBEN    Petition for Appointment of Sheila H. Unvala and Joseph W. Huber as Guardians for said Sinai Herrera Vargas presented by said Sheila H. Unvala and Joseph W. Huber. THIS NOTICE IS PARTICULARLY DIRECTED TO:  CRECENCIANO HERRERA CALDERON, father of said Sinai Herrera Vargas, whereabouts unknown, whose last known address was 175 Flaherty Road, Milbridge, Maine 04658, as well as to all other interested parties.  Allison M. Ouellet, Esq., Attorney, P.O. Box 236, Milbridge, ME 04658, (207) 546-2366.  Docket #2014-093


Date:   June 5, 2014                                                                Carlene M. Holmes

June 11 & 18, 2014                                                     Register of Probate

STATE OF MAINE                                            MAINE DISTRICT COURT

WASHINGTON, ss                                            DOCKET NO.: MACDC-FM-2014-



V.                                                         ORDER ON MOTION TO SERVE

                                                                       BY PUBLICATION



                 The Court, having heard Plaintiff’s allegations by motion and requisite affidavit, hereby Orders that notice for an action for divorce may be published in the Machias Valley Observer, that the parties do not own any real property together, and that any and all debts are paid by the Plaintiff. The only marital property acquired by the parties is a 2005 Chevy Impala, valued at no more than $200.00 trade in value. Said vehicle not even in running condition.

                The Plaintiff has demonstrated, after years of no contact with the Defendant, that she has made a reasonable attempt to serve the Defendant with notice of the action for divorce by mailing a copy of the summons and preliminary injuction and complaint to the last known address of the Defendant at his parent’s home in Mexico.

                Furthermore, the Court FINDS Plaintiff has demonstrated by affidavit that she has met the requirements under Maine law for services by publication, and based on the evidence presented is most reasonably calculated to provide actual notice of the pendency of this action for divorce.

                Therefore, the Court ORDERS that notice of an action for divorce be published in the Machias Valley Observer for 3 (three) successive weeks since the parties were legally married in Washington County and resided together for 5 (five) years, holding themselves in the public as a married couple.

                A copy of this ORDER shall be sent to the Defendant’s last known address.


Date: 5/14/14                                           /s/John Romei

                                                                Judge, Maine District Court

                A TRUE COPY

                ATTEST: /s/Pam McPherson

                                       CLERK                                                        (41-42)









The Naval Facilities Engineering Command (NAVFAC), Mid-Atlantic, is setting the priority for Naval Computer and Telecommunications Area Master Station Atlantic Detachment (NCTAMSLANT DET) Cutler, Maine munitions response site UXO 1- MWR Skeet Range.  The Navy is seeking public input on this prioritization process.  The prioritization is available for review at the Merrill Library in Machias Maine until 2 July 2014.  Written comments are requested no later than 2 July 2014.

 Background:  The MWR Skeet Range site is a former skeet range operated by the MWR.  The range is no longer in use, and is under investigation to identify and address potential contamination associated with the historic skeet shooting activities.  The site is being investigated through the Munitions Response Program (MRP).

The MRP works to reduce potential risks from unexploded ordnance (UXO), discarded military munitions (DMM), and munitions constituents (MC) at ranges that are no longer operational and at such sites as munitions burial sites and former target ranges. These are referred to as “munitions response sites.” The Department of Defense (DoD) is required by Congress to set priorities for investigating all munitions response sites, based on overall conditions at these locations and the potential risk posed to human health and the environment. Prioritization is based on current available data and may change as additional data are collected.

After prioritization, the sites are sequenced for response action, in comparison with other Navy/Marine Corps sites. DoD policy is that a munitions response site with higher relative risks will be dealt with before a site with lower relative risks. Other factors, such as future land use, cultural and economic factors, and ecological impacts, also can influence sequencing decisions.

 Munitions Response Site: Preliminary assessment  for NCTAMSLANT DET Cutler munitions response site was completed in 2007. Two investigations have been conducted at the MWR Skeet Range. These documents recommended the site for prioritization and further investigation, and are available for review in addition to the prioritization.

March 2007 - Preliminary Site Assessment Report: AOC 10: Firing Ranges.

December 2010 – Fall 2009 Site Investigation Report for Areas of Concern: AOC 10: Firing Ranges.

April 2014 – Final AOC 2011 Investigation Data Transmittal: AOC 10: Firing Ranges.

 Public Comment Period: The UXO 1 prioritization, and supporting documentation are available for review at the Merrill Library at the University of Maine Machias.

Information Repository

Merrill Library

University of Maine Machias            

116 O’Brien Ave.

Machias, ME 04654

 All public comments on the prioritization should be returned to the address provided below on or before (postmark by) July 2, 2014.

Public Affairs Officer

Naval Facilities Engineering Command Mid-Atlantic

9742 Maryland Ave., Bldg. A-81

Norfolk, Va. 23511

(757) 341-1410


Property address as set forth in the mortgage recorded in the Washington

County Registry of Deeds in Book 3808, Page 248:  Hersey Neck Road, Pembroke, Maine

(Plaintiff makes no representation as to the accuracy of the physical property address)

            By virtue of and in execution of the power of sale contained in a certain mortgage deed given by Snow Ocean Realty, LLC to Machias Savings Bank dated December 20, 2011, and recorded in the Washington County Registry of Deeds in Book 3808, Page 248, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same, the property described in said mortgage will be sold at public sale at 11:30 a.m. on the 18th day of June, 2014.  The public sale will be held at the mortgaged premises located on Hersey Neck Road (identified by the Town of Pembroke as off Garnet Head Road) in Pembroke, Maine.  The property being foreclosed is more particularly described in said mortgage as follows:

 "Certain lots or parcels of land situated in Pembroke, Washington County, State of Maine, bounded and described as follows, to wit:

 "Lots numbered 1 through 13, plus the common lot, all as shown and depicted on a final subdivision plan for Dog Bull, LLC, Hershey Neck Road, Washington County, Pembroke, Maine, dated 8 November 2006 and recorded in the Washington County Registry of Deeds at Cabinet 3, Drawer 15, No. 93.

 "Also hereby conveying a certain lot or parcel of land depicted as the "Remainder", consisting of 32.8 acres, more or less, all as shown and depicted on said subdivision plan.

 "MEANING AND INTENDING to convey all and the same premises as bounded and described in a deed from Harland D. Hatch et als to Dog Bull, LLC, dated 29 August 2003 and recorded in the Washington County Registry of Deeds at Book 2785, Page 201."

 The above described premises will be sold together with any and all buildings and fixtures located thereon and any and all rights, easements, privileges, and appurtenances belonging thereto, including, but not limited to, the name or names under which any part of the above described property may be known or operated, the goodwill associated with such name or names, the right to carry on business under such name or names or variants thereof, and the right, title, and interest, if any, of Snow Ocean Realty, LLC, in and to any land lying in the bed of any adjacent stream or road.  All of the foregoing shall hereinafter collectively be called the Property.

The Property shall be conveyed subject to the following items:

            1.         Any and all municipal, state, or federal laws, regulations, and ordinances including, without limitation, permits and approvals heretofore issued by any federal, state, or municipal government authority (compliance with, application for the transfer of any such permits, or approvals shall be the sole responsibility of the purchaser).

             2.         Any and all encumbrances and easements of record and any governmentally imposed or required zoning, subdivision, environmental, and other land use restrictions.

             3.         Any condition which a physical examination or adequate survey of the Property might reveal.

             4.         Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by a law, and which may or may not be shown by the public records.

            5.         All outstanding municipal fees and charges, including water and sewer and municipal taxes, including those which constitute liens encumbering the Property.



             The bidder to whom the property is sold must, at the time and place of sale, make a deposit of Twenty-Five Thousand Dollars ($25,000.00) by certified U.S. funds, to be increased to ten percent (10%) of the purchase price within five (5) business days of the public sale and must sign a purchase and sale agreement with Machias Savings Bank, which agreement shall provide in part (1) that the purchaser will be responsible for all real estate and/or personal property taxes and other municipal charges attributable to the respective property unpaid and in arrears and for all subsequent tax years, and (2) that a closing of the sale shall be held within forty-five (45) days of the public sale whereupon presentation by Machias Savings Bank of the duly executed release deed, the remaining balance of the purchase price will be due in certified U.S. funds.  Machias Savings Bank expressly reserves the right to bid without making the required deposit, to modify the terms of the sale set forth above, to add additional terms as it so wishes, and to authorize the mortgagor to sell the property prior to the public sale date.  Other terms and conditions of sale, including any modification or additions to the terms set forth above, will be announced at the time of the sale.

             For further information, please contact Tranzon Auction Properties, 93 Exchange Street, P.O. Box 4508,  Portland, Maine 04101, Telephone (207) 775-4300.

                                                                         MACHIAS SAVINGS BANK


Dated: May ___, 2014                                                By_____________________________________

                                                                                    John R. Canders, Esq.

                                                                                    Of the firm of Eaton Peabody

                                                                                    P.O. Box 1210

                                                                                    Bangor, Maine  04402-1210

                                                                                    Attorneys for Machias Savings Bank


PENOBSCOT COUNTY                                                                              May ___, 2014

             Personally appeared John R. Canders, Esq., Attorney for Machias Savings Bank and acknowledged before me the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corporation.


                                                                                    Notary Public

                                                                                    Linda J. Cook

                                                                                    Notary Public - Maine

                                                                                    My Commission Expires April 18, 2016

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