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HomeMy WebLinkAboutL 11818 P 73 Bargain and Sale Deed,with Covenant against Granter's ActsIndividualor Corporation(single sheet) THIS INDENTURE, made the 0, clay of F� ""�' `J , nineteen lu dred and umety-seven BETWEEN, JEROME A. MARTOCCHIA, as Receiver by Order dated 12/1/92 (copy attached), residing at 25 Middleton Road, Greenport, NY 11944 party of the first part, and JUDITH JACOBS, residing at 3755 South Harbor Road, Southold, NY 11971 DISTRICT �S/EC/TION BLOCK LOT party of the second part, TI = 0= WITNESSETH,that the o le Irst part, in consideration of Ten Dollars and other valuable consideration paid by dle party of the second party,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as Lots 15 and 16 on a certain map entitled, "Map of West Creek Development" filed in the Office of the Clerk of the County of Suffolk on July 6, 1937 as Map No. 1236, which lots when taken together are hounded and described as follows: BEGINNING at a point on the southerly side of Bayberry Road distant 126.10 feet easterly from the intersection of the southerly side of Bayberry Road with the easterly side of Main Bayview Road; RUNNING THENCE along the southerly side of Bayberry Road, North 41 degrees 44 minutes 10 seconds East, 100.00 feet; THENCE South 48 degrees 15 minutes 50 seconds East, 122.63 feet; THENCE South 39 degrees 55 minutes West, 100.05 feet; THENCE North 48 degrees 15 minutes 50 seconds West, 125.81 feet to the southerly side of Bayberry Road, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as those conveyed to JEROME A. MARTOCCHIA and BARBARA A. MARTOCCHIA, his wife, by deed dated 06/11/70 and recorded 06/29/70 in Liber 6763 at page 477. DIST 1000 SECT 076.00 BLK 01.00 LOT 025.000 ( TOGETHERwidn allright,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center Innes thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ANDthe party of the first part covenants that the party of the first part has not done or suffered anything whereby die said premises have been encumbered in any way whatever, except as aforesaid. ANDthe party of the first part in compliance with Section 13 of the Lien Law, covenants that die party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fluid to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of die cost of the improvement before using any part of the total of the same for any other purpose. The work "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed die day and year first above written. In Presence of;, /� LMIUTY PUM . - .._ wtYMA �iiiCROfILML4 E�rtt? / ) JPOME A. MARTOCCHIA c. 1✓1 RECORDED Fm 2e tm ,� ��• ,,,, E,RaWaRy Mev FOit fAILROFRAM *** SEE LEGIBLE UNEXECUTED COPY OF ORDER. OF THE COURT ATTACHED j�lA INDEX �• NO. 80-9811 X SUPREME COURT - STATE OE NEW YORK TRI aL.,'SPECLIL TERM. PART 29 SUFFOLK COL-Tr! Present: NOTION DATE: 8-17-92 Hon D)NALC KITSON SUBMIT DATE: U1-6-92 �10TION NO. : 1 x PLT:'S:FET'S ATT! JERCNE MARTCCCIa Plaintiff, G,ATZ, ARNOFF & CZ`iGIL•R, ESQS. 16 WEST MAIN STREET P.O. Box 149 R:VERHEAD, NEW YORK 11901 - against - DEFT'S. RESP'S ATIl BARBARA A. iPRTCCC1A Defendant. ELIzABETH JACKSON PCPKIN, ESQS. 20 FOX HUNT LANE GREAT NECK, NEW !CRK 11020 x The court in its deliberations herein has considered: 1. Order to Show Cause and supporting papers; 2. Affidavit and supporting papers; 3. Replv Affidavit and supporting papers; 4. Sur Reply and supporting papers; Notion to appoint the plaintiff receiver to sell the marital /premises is granted and plaintiff is appointed receiver, without a fee, t l sell the marital premises. The receiver and the defendant shall meet to agree on the price. If the parties are unable to agree on a price, plaintiff is given leave_ to nave for the appointment of a court ordered appraiser who shall determine the sales price. Once the price is established, the property shall be listed on a multiple listing basis. In the evenc the parties cannot agree on the selection of a listing broker, then either party may move the court for an order appointing a listing broker. In the event a buver is found and defendant refuses to sign the contract of sale andior the deed, plaintiff is authorized, as receiver, 0, sign either or both documents. Plaintiff is authorized to make all payments incidental to the sale, including, but not linited to the payment of plaintiff's balance, if any, real estate tlSxes, brokers commission, transfer taxes and recordinr_, fees. All chargesyshall be equally shared by the parties. LMBIUrr poft YIARTCCCIa - IWE\ \0. 8Q-981: - PAGE -' FOR MICROHM "lotion for an order directinu defendant and all other persons occupving the premises to vacate the same, is denied. There is no shct�inn or .allegc,tion that defendant is not cooperating with the sale. The Court will treat the rxriests nude by defendant in her affidavit as a cross motion and as such will direct a hearino before the undersigned :)n F:!bruar: 9, 19911, ro -1et�nnine ::he amount of =:aid ch-Id sur--ry')rt and to de!: rmine the pu ry se and use cf the home impro%eme.^.c loan and the ;-ost and nature of re ;airs. The defandanc, having Kaci the use and oocupancv of the m. ri.al home will not be credited fer the a}icer. of __r_ying charges ;;n the home. All other relief _y_uested in the mct_:;n and cross mor_i;:n, ii denied. The foregoing constitutes CRDER cf the CJurt. I ll Data: Ce_amcer 1, ?.'Q' /t�"l!' i 1 � 3 t e 1 i Index No. 80-9811 Year 19 9tPREME COURT OF THE STATE OF NEW YORK CQUNTY OF SUFFOLK JEROME MARTOCCIA, Plaintiff, -against- BARBARA A. MARTOCCIA, Defendant . ORDER OF THE COURT ELIZABETH JACKSON POPKIN Auorrleyfor Defendant Wice and Post ice Address. Telephone _ 20 FOX HUNT LANE GREAT NECK NEW YORK 11020 15161 466.5692 To Attorney(s)for Service of a copy of the within is hereby admitted. Dated, ......----...............................................-............... Attomey(s)for Sir:—Please take notice (] NOTICE OF ENTRY that the within is a(certified)true copy of a duly entered in the office of the clerk of the within named court on 19 ❑ NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, Yours,etc. 11 ELIZABETH JACKSON POPKIN Anormy far To Office and Post Office Address 20 FOX HUNT LANE Allorney(s)for GREAT NECK NEW YORK 11020 INDEX NO. 80-9811 SUPREME COURT - STATE OF NEW YORK TRIAL/SPECIAL TERM, PART 29 SUFFOLK COUNTY Present : MOTION DATE : 8-17-92 Hon. DONALD KITSON SUBMIT DATE : 10-6-92 MOTION NO : 1 x PLTF' S PET' S ATTY JEROME MARTOCCIA Plaintiff, GATZ, ARNOFF & CZYGIER, ESQS . 16 WEST MAIN STREET P.O. BOX 449 RIVERHEAD, NEW YORK 11901 -against- DEFT' S RESP' S ATTY BARBARA A. MARTOCCIA Defendant . ELIZABETH JACKSON POPKIN ESQ. 20 FOX HUNT LANE GREAT NECK, NEW YORK 11020 x The court in its deliberations herein has considered: 1 . Order to Show Cause and supporting papers ; 2 . Affidavit and supporting papers; 3 . Reply Affidavit and supporting papers; 4 . Sur Reply and supporting papers; Motion to appoint the plaintiff receiver to sell the marital premises is granted and plaintiff is appointed receiver, without a fee, to sell the marital premises . The receiver and the defendant shall meet to agree on the price . If the parties are unable to agree on a price, plaintiff is given leave to move for the appointment of a court ordered appraiser who shall determine the sales price . Once the price is established, the property shall be listed on a multiple listing basis . In the event the parties cannot agree on the selection of a listing broker, then either party may move the court for an order appointing a listing broker. In the event a buyer is found and defendant refuses to sign the contract of sale and/or the deed, plaintiff is authorized, as receiver, to sign either or both documents . Plaintiff is authorized to make all payments incidental to the sale, including, but not limited to the payment of plaintiff' s balance, if any, real estate taxes, brokers commission, transfer taxes and recprding fees . All charges shall be equally shared by the parties . MARTOCCIA - INDEX NO. 80-9811 - PAGE 2 Motion for an order directing defendant and all other persons occupying the premises to vacate the same, is denied. There is no showing or allegation that defendant is not cooperating with the sale . The Court will treat the requests made by defendant in her affidavit as a cross motion and as such will direct a hearing before the undersigned on February 9, 1993 , to determine the amount of unpaid child support and to determine the purpose and use of the home improvement loan and the cost and nature of repairs . The defendant, having had the use and occupancy of the marital home will not be credited for the payment of carrying charges on the home . All other relief requested in the motion and cross motion, is denied. The foregoing constitutes the ORDER of the Court . Date : December 1 , 1992 J. S . C. I' 11818 PC073 I 0 26187 • 0 RECORnEn RECEIVED 97 FEB 26 Number of pages �R ' Fr, 21 RI, ESTATE TORRENS YY II -�i'iL F 6 199TH/' SUR: Serial# 1 ULK ( iUNTY TRANSFER TAX Certificate# SUFFOLK Prier Ctf.# 00U r 26 8 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 ' FEES Page/Filing Fee t-x- � — Mortgage Amt. Handling ;_ — 1, Basic Tax TP-584 _ ,_ — 2, Additional Tax Notation — i Sub Total _ EA-5217(County) Sub Total 7�: aa11 Spec./Assit. EA-5217(State) �� , or Spec./Add. R.P.T.S.A. �A �tCY�ll/}y - --ll�'�� TOT. MTG.TAX Comm.of Ed. 5 . 00 Ot Dual Town Dual County— Held for Apportionment Affidavit Transfer Tax Certified Copy Mansion Ta _ The property covered m by this mortgage is or Reg.Copy will be improved by a one or two family Other Sub Total �� ,— dwelling only. YES or NO GRAND TOTAL,= If NO, see appropriate tax clause on page # 'r of this instrument. Real Property Tax Service Agency Verification 6 Title Company Information DistPOE- . Section Block Lot Fidelity National Ticle Stamp 1000 076 . 00 01 . 00 025 . 000 Company Name RHS9710023 Initial Title Number PAUL CAMINITI , ESQ. 8 FEE PAID BY: P. O. Box 992 Cash Check ✓ Charge Southold, NY 11971 Payer same as R & R (ori differcnl)_ n ` NAME: �J C XaL TESL 1 `�2_ ADDRESS: C RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attachedDEED (SPECIFY TYPE OF INSTRUMENT) made by: JEROM a MARmnrruTn The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold JUDITH JACOBS In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. CORDED "Am", 1=d101.']NSMu FES 2s t99I MWOF-Sweawcars"