Issue link: https://maltatoday.uberflip.com/i/899902
44 maltatoday SUNDAY 12 NOVEMBER 2017 1090 By means of a decree given, by the First Hall Civil court, on the 24th May, 2017, in the records of the Sworn Application, in the names Camilleri George et vs Ellis Avv. Joseph et noe, Application number 372/17 TA, the following publication was ordered for the purposes of Article 495A of Cap. 16 of the Laws of Malta. By means of a Sworn application, filed in the First Hall Civil Court, in the names: 1) George Camilleri (408055M), 2) Paul Abela (404464M), 3) Nazzareno Abela (17073M), 4) Carmelo Schembri (662232M), 5) Dolores Sammut (381131M), 6) Caterina Zammit (38637M), 7) Mary Jane Cutajar (534951M), 8) Jane Bonnici (680852M), 9) Rosaria sive Rose Caruana (225354M), 10) Maria Dolores sive Doreen Micallef (151175M), 11) Saviour sive Silvio Schembri (258658M), 12) Carmen Sommerville (247540M), 13) Joseph Vella (870544M), 14) Ludgardo sive Edgar Vella (1074347M), 15) Mary Azzopardi (1000850M), 16) Victor Vella (314655M),17) Raymond Vella (119461M), 18) Josephine Gauci (756045M), 19) Alfred Camilleri (463451M), 20) Carmel Abela (324966M), 21) Venera sive Rini Scicluna (67859M), 22) Margaret Camilleri (623263M), 23) Maria Camilleri (618663M) as curator of the incapacitated Alan Camilleri (228689M), 24) Terezino Sammut (160552M) who is appearing in the name and in representation of the absent Rita Lea iesker (License of the State of California K 0412691), Dorothy Anne Crume (License of the State of Colorado 06-017-0663), Patrick Roland Little (License of th State of California N 6747078), Pauline V. Molder (California Senior Citizen Identification Card Ds430727), Michelle Lee Chetcuti Steely (License of the State of California D 7920802), Anna Marie Rose Briffa (License of the State of California N 7716399), Mary Elizabeth Byrd (License of the State of Missis- sippi 800568032), Susan Ann Chetcuti (License of the State of California C 4082095), Angelo Frederick John Chetcuti (License of the State of California C 6618776), Michael John Chetcuti (License of the State of California A 5718367), Joanne Carmen Troche (License of the State of California number N 6840221), Donna Marie Caton (License of the State of CaliforniaC 552280), Katerine Mary Agius (License of the State of California number C 6933921), John Joseph Micallef License of the State of California number N 9741187), Alfred John Fenech (License of the State of Iowa number 659WW1156), Josephine Margaret Gallo (License of the State of california F 0809257), Carmela Victoria Boschetti (License of the California m 0128717), Keneth Allen Tassef (License of the State of california N 7157226), Stacey Lorraine Gibbons (License of the State of California N 9735567) and Jennifer Lea Tassef (License of the State of California Number N 8576661), Carmela Anderson (License of the State of California (F 0794078), Rose Marie Frances Lewis (License of the State of California D 0-939852), Albert John Coster (License of the State of California number J0399131), Joseph Edward Coster (American Passport number 551161452) and in the name of John Francis Fenech Family Trust, duly authorised 25) Maria Valerie Zammit (323258M) and 26) Angela Borg (534656M) vs Advocate Dr Joseph Ellis and Legal Procurator Madeline Firman, as Deputy Curators appointed in virtue of a decree of the 16th May, 2017, to represent the absent Dennis Debono, Joe debono, Rose Pirotta, Paul Azzopardi, Jane van Zant, Victoria sive Vicky Borg, Paul Portelli, John Portelli, Frank Jr. Portelli, Janey Portelli, Norrine Portelli, Vincent Borg and Thomas J. Coster (American Passport number 488739580) Connie Hughes and Sherry Hughes and Tammy Maxon for any interest they may have together with the unknown heirs of Joseph Borg Jr and Joseph Azzopardi, as well as the unknown heirs of Francesco stivala, Giuseppe Stivala and Giovanni Stivala, the applicant George Camilleri (408055M) et respectfully pleaded and confirmed by oath that he personally knows, That the interpellants together with the respondents are the owners of the site of houses with number five (5) at other times known with number two (2) previously number twenty eight (28) Alley Number four (4) Triq Castro, Naxxar, together with the premises with number fifty nine (59) previ- ously number thirty (30) in Triq Castro, Naxxar. In the past these two premises were joined together. Today the composition of the immovable properties above described changed in such a way that the premises number six (6) previously number twenty nine (29) in Alley number four (4) Triq Castro, Naxxar, is joined to the premises number fifty nine (59) previously number thirty (30) Triq Castro, Naxxar. However the premises number 5, Alley Number 4, Triq Castro, Naxxar and the premises number 59, Triq Castro, Naxxar, are being sold as one site of houses; That the interpel- lants are the owners of 65.22% (1,051, 807/1, 612,800) undivided share of the said site of houses; That all the respondents, are all owners of 34.78% undivided share of the property above mentioned. In fact all the respondents except for the unknown heirs of Francesco Stivala, Giuseppe Stivala and Giovanni Stivala, are together owners of 23.06% (371, 993/1, 612,800) undivided share of the said site of houses. The remaining share of 11.72% (or better 15/128) undivided share belong to the unknown heirs of Francesco Stivala, Giuseppe Stivala and Giovanni Stivala; That originally the property above mentioned belonged to Salvatore Stivala and his wife Rosa Stivala née Calafato; That the said Salvatore Stivala together with his chuildren Maria Fenech née Stivala and Giuseppe, Francesco and Giovanni siblings Stivala, divided the same property in virtue of a contract of partition of the 18th November, 1891, in the records of Notary Alfredp Maria Camilleri and this after the death of Rosa Stivala née Caafato, on the 27th June, 1878. In virtue of the said contract, Giuseppe, Francesco and Giovanni Stivala were assigned 27/32 undivided share of the said proper- ties whilst the other co-partitioner Salvatore Stivala, held the remaining undivided share of 5/32;That subsequently the said Giuseppe, Francesco and Giovanni Stivala transferred their share of 27/32, to their sister Maria Fenech née Stivala, in virtue of a contract of the 13th October, 1912, in the records of Notary Emanuele Pio Debono; That the said Salva- tore Stivala died a widower on the 27th February, 1892, and as he died intestate he was inherited according to law by his four children and namely Maria Fenech, Giovanni, Giuseppe and Francesco siblings Stivala; That thus the undivided share of 5/32 which still belonged to the said Salvatore Stivala, devolved 5/128 undivided share in favour of each one of the siblings Stivala. Thus the unknown heirs of Giuseppe, Francesco and Giovanni siblings Stivala, possess between them the share of 15/28 univided of the site of houses above mentioned; That Maria Fenech née Stivala died intestate and a widow , on the 10th January, 1931, and thus she was inherited according to law by her five children Salvatore, Carmelo, Joseph, Giovanni and Rose Camilleri siblings Fenech. The husband of the said Maria Fenech, Francesco Fenech, had died intestate before her on the 30th April, 1924, and thus his share of the property that Maria Fenech acquired by title of sale as above explained was inherited according to law by his five children; That Francesco Stivala died on the 27th February, 1918, and the interpellants have no other information as to the regard; That all the interpellants as well as the respondents Dennis Debono, Joe Debono, Rose Pirotta, Paul Azzopardi, Jane van Zant, Victoria sive Vicky Borg, Paul Portelli, John Portelli, Frank Jr Portelli, Janey Portelli, Norrine Portelli, Vincent Borg and Thomas J. Coster (Ameri- can Passpot number 488739580), Connie Hughes and Sherry Hughes and Tammy Maxon, for any interest they may have , together with the unknown heirs of Joseph Borg Jr and Joseph Azzopardi, are all successors in title of Maria Fenech née Stivala and her husband Francesco Fenech and this as results from the genealogical trees annexed with this sworn application; That the respondents Dennis Debono, Joe Debono, Rose Pirotta, Paul Azzopardi, Jane van Zant, Victoria sive Vicky Borg, Paul Portelli, John Portelli, Frank Jr Portelli, Janey Portelli, Norrine Portelli, Vincent Borg and Thomas J. Coster (Ameri- can Passport number 488739580) Connie Hughes and Sherry Hughes and Tammy Maxon for any interest they may have, together with the unknown heirs of Joseph Borg Jr and Joseph Azzopardi are not cooperating with the said sale as the share due to them from the proceeds of the sale is very small and it does not appear that they are interested to involve themselves in this transfer even because they are absent from the Maltese Islands and are perma- nently resident in America;That by means of a preliminary agreement dated 4th December, 2014, as extended and amended by writings of the 1st June, 2016, and the 30th August, 2016, duly registered with the Inland Revenue Department, the interpel- lants bound themselves to sell in favour of third parties the immovables merit of this cause together with the other immovables merit of the cause presented together in the same names towards the global price of 295,000; That this price is just even as confirmed by a report of Architect AIC George Farrugia; That for the purposes of apportionment of the price, the interpellants and the purchasers agreed that the price for the site of houses indicated with number five (5) previously number twenty eight (28) Alley Number four (4) Triq Castro, Naxxar, together with the premises with number fifty nine (59) previ- ously number thirty (30) Triq Castro, Naxxar, should be of one hundred forty five thousand euro ( 145,000) whilst that for the property with number six (6) at times known with number three (3) previously number twenty nine (29) in Alley Number four 94) Triq Castro, Naxxar, should be of one hundred fifty thousand euro ( 150,000); That the respondents are refuting without a valid reason to agree with the interpellants so that the immovable above described be sold for the price and the other conditions of the preliminary agreement above mentioned; That the interpellants made various attempts to resolve this dispute amicably but the respondents continued to refuse that the sale be proceeded with without a valid reason at law; That for all intents and purposes and according to Articler 495A of the Civil Code, the inter- pellants are annexing: i) their declaration that they agree that this sale be made in term of the said preliminary agreements, and ii) a prospect which shows the number and the value of the shares each one has; That the respondents shall not be preju- diced if this Court authorises the sale of the property above mentioned for the price and other conditions stipulated in the preliminary agreement above mentioned. Thus for the reasons premised and saving any other necessary declaration which results necessary the interpellants respectfully pray that this Honourable Court: i) Authorise the sale of the site of houses with number five (5) other times known as number two (2) previously number twenty eight (28), Alley Number four (4), Triq Castro, Naxxar, together with the premises number fifty nine (59) previously number thirty (30) in Triq Castro, Naxxar, for the price, pacts and all the other conditions stipulated in the preliminary agreement dated 4th December, 2014, as amended and extended by writings dated 1st June, 2016, and the 30th August, 2016, and this as better agreeed between the plaintiffs and third party purchasers; ii) Establish a time, day and place when and where the transfer is to be made; iii) Appoint Notary David Joseph Borg to publish the relatrive deed of sale; iv) Appoint deputy curators in case the respondents or either of whom fail to appear before the said Notary for the publication of the contract of sale so authorised. With costs, against the respon- dents, who are from now summoned so that a reference to their evidence be made. Documents: Document 'A' Contract of the 18th November, 1891, in the records of Notary Alfredo Maria Camilleri, Document 'B'Contract of the 13th October, 1912, in the records of Notary Emanuele Pio Debono, Document 'C' Death Certificate of Salvatore Stivala, Document 'D' Searches Secret Wills of Salvatore Stivala, Document 'E' Searches Public Wills of Salvatore Stivala, Document 'F'Searches Public Wills of Rosa Stivala née Calafato, Document 'G' Search- es Public Wills of Marija Fenech née Stivala, Docu- ment 'H' Searches Secret Wills of Marija Fenech née Stivala, Document 'I' Death Certificate of Marija Fenech née Stivala, Document 'J' Death Certificate of Francesco Fenech, Document 'K' Searches Secret wills of Francesco Fenech. Document 'L' Searches Public wills of Francesco Fenech, Document 'M' Death Certificate of Francesco Stivala, Document 'N' Searches Public Wills of Francseco Stivala, Docu- ment 'O' Will of Francesco Stivala of the 28 th January, 1911, in the records of Notary Emmanuele Pio Debono, Document 'P' Searches Public Wills of Giuseppe Stivala, Document 'Q' Will of Giuseppe Stivala of the 27th February, 1883, in the records of Notary Giuseppe Zammit. Document 'R' Searches Public wills of Giovanni Stivala, Documents 'SI to S6' Genealogical trees of the family Stivala, Document 'T' Preliminary Agreement of the 4th December, 2014,Document 'U' Renewal of the preliminary Court Notice