In the Fourth Court Of Appeals

Fourth Court Of Appeals District 2015 H-.Y 27 AH °:

San Antonio Texas Bexar County

Maryann Castro

v.

Manuel Castro

Re: Court Of Appeals Number: 04-14-00785-CV

Trial Court Case 2011 -CI-15957

MOTION Of COUNSEL DISQUALIFICATION

To The Justices Of Court Of Appeals:

Appellant Maryann Castro is filing this motion with the facts in this case Counsel Joseph Appelt

committed malpractice on Oct 30,2013, committed fraud for his Client Appellee Manuel Castro.

Appellant Maryann Castro is praying for Justice and Relief.

Counsel Joseph Appelt committed legal malpractice, Texas Disciplinary Rule 3.08 violations and has

been reported to the Texas State Bar, along with Counsel Dinorah Diaz.

Appellant Maryann Castro has turned in her Appellant Brief with evidence of legal malpractice, fraud,

hiding martial assets, tampered with agreement No Alimony Awarded written in By Counsel Joseph

Appelt for Appellee Manuel Castro on Oct 30, 2013 Counsel Joseph Appelt Committed the following:

a) Active Bankruptcy the lift stay was not filed no motion of Bankruptcy relief was granted on Oct

30,2O13.Appellee Manuel Castro had the Community 1501 Olive in Active Bankruptcy and was

not paying the home mortgage this was hidden from Judge Canales and Appellant Maryann

Castro. judge will not sign an agreement knowing stay lift motion not filed nor lifted. bank

will not refinance when in active bankruptcy and Mortgage payments are not being made. This

agreement should be voided because of this violation copy was entered not original.

b) Counsel Joseph Appelt accepted comparative market analysis-realtors opinion from Appellee

Manuel Castro mistress the non-spouse Christina Pacheco knowing document says not to be

used as appraisal realtors opinion, both committed fraud over valued the Community 1501 Olive

to falsely try to gain 40,000 in equity when there is no equity, and realtors opinion is not

valid legal appraisal document in obtaining any loan from bank it's certified appraisal that is
legal appraisal not realtors opinion. This Agreement for final divorce should be voided

because of this Violation it's copy not original.

c) Hiding martial assets Keogh Plan Pension and 99 subaru which was hidden and not included in

the agreement for final divorce this is martial assets hidden from the Court Judge and

Appellant Maryann Castro This agreement should be voided because of this violation it's copy

not original.

d) Counsel Joseph Appelt wrote in the Agreement no alimony awarded Appellant Maryann Castro

did not give up her right to Alimony Counsel Joseph Appelt wrote in No Alimony awarded after

signatures were signed look at the different writing there is no initial from Appellant Maryann

Castro agreeing to this change was added on the Agreement this agreement should be voided

because of all the violations it's copy not the original.

e) Joseph Appelt Appellee Brief was due April 29, 2015 no notice no motion was sent to the court

nor to Appellant Maryann Castro about delay, nor motion Appellee Motion was filed to

withdraw on May 8, 2015 and May 18, 2015, Appellant Maryann Castro discovered about

withdraw email sent to her by the Court via email On May 8,2015 and May 18,2015

f) May8, 2015 Counsel Joseph Appelt Statement NO deposition and NO date set it does not say

Appellee Manuel Castro was not paying him. May 18,2015 he states his client Appellee Manuel

Castro was not paying him for Appeals Court and that is his reason for withdraw, but yet he ask

the Court to grant Appellee Manuel Castro extension to turn in Appellee Brief on June 19, 2015

and mailing address of Appellee Manuel Castro has change of address Hickory Shadow

Appellee Manuel Castro sister Leila Silva resides at that Residence and Appellant Maryann

Castro there is conflict of interest Appellee Leila Silva who was involved in the Adultery and

fraud of Appellee Manuel Castro hid the mistress Christina Pacheco at the Hickory Shadow

residence when Appellant Maryann Castro investigated as to Appellee Manuel Castro not

returning home went to the residence and police were called and she was told not to send mail

or ever show-up and Appellant Maryann Castro has not will not communicate due to the Bexar

County deputy warning Appellee Manuel Castro does not reside at Hickory Shadow he resides at

624 W. Goodwin in Pleasanton Texas 78064 Appellee Manuel Castro allowed his sister and

mistress to Commit mail fraud change address Hickory Shadow and mail was forwarded to the

Hickory Shadow, Appellee Manuel Castro sister Leila Silva harassed Appellant Maryann with

police officers when she was investigating Appellee Manuel Castro whereabouts when they

were married.

g) Counsel Joseph Appelt has caused harm again to Appellant Maryann Castro why was the other

party Attorney Counsel Joseph Appelt Allowed to withdraw he is part of this case he enforced

the fraud in the Agreement for final divorce and Committed Violations in the Agreement for

final divorce Counsel Joseph Appelt did not properly notify Appellant Maryann Castro his

withdrawal not giving Appellant Maryann Castro her right to Object? Counsel Joseph Appelt did

not say Appellee Manuel Castro was not paying him to Appeal when he responded to Appellant

Maryann Castro Affidavit Of Indigency he filed motion Contesting Appellant Maryann Castro

Indigency In Appeals Court .Appellant Brief it says the Parties involved Appellee Manuel Castro

and non-spouse mistress Christina Pacheco and Counsel Joseph Appel he enforced the fraud and
hid martial assets for his client Appellee Manuel Castro and Tampered with Agreement wrote in

no Alimony Awarded,

h) Counsel Joseph Appelt has been reported to the State Bar for his Violations and that is why he

withdrew for the violations he committed and misconduct in the Agreement for final divorce he

is lying to the Court Of Appeals Appellant MaryAnn Castro has been harmed and prays for

justice and relief she is entitled to by law.

i) Appellant Maryann Castro has proved to the Court the evidence of fraud why Is it being

ignored? But yet Counsel Joseph Appelt who caused the fraud for his client Appellee Manuel

Castro and is part of this lawsuit was granted to withdraw harming Appellant MaryAnn Castro?

Appellant Maryann Castro prays for Justice and relief.

First Amended Decree Of Divorce Dallas fifth District Court of Appeals case, In the interest Of M.A.C.

And M.T.C.

House Bill 908 remedy for wronged spouse when fraud has been committed against the Community

estate in Divorce.

Motion to reopen Divorce Agreement and Modify is needed in this case

Appellant Maryann Castro prays for Justice and Relief

FACTS

A) Notice filed by Counsel Appelt Appellant Maryann Castro never received notice

B) Showing Hickory Shadow address was changed by Appellee Manuel Castro sister and mistress

Davis law firm sent this to Appellant Maryann Castro on 9/14/14

C) Appellant Maryann Castro took corrective action in changing address back to 1501 Olive this was

never authorized by Appellant Maryann Castro

D) Mortgage address was supposed to be sent to 1501 Olive the mortgage has Appellee Manuel

Castro and Maryann Castro this change was done without my consent. Manuel Castro had the mortgage

statement sent to 23302 Hickory Shadow where his sister Leila Silva who took part of fraud, harassment

for Appellee Manuel Castro to harm Appellant Maryann Castro Manuel Castro resides at 624 W.

Goodwin in Pleasanton Texas with the Mistress Christina Pacheco who committed adultery and Fraud

with Appellee Manuel Castro while married to Appellant Maryann Castro.

E) Counsel Joseph Appelt filed response for his Client to Appeals Court contesting Affidavit of

Indigency and states to Appeals Court Appellee Manuel Castro did not pay him to Appeal, That is untrue

why would he file this response. May 18th Appellant Maryann Castro called the court and spoke to

Carmen and was told no motion filed and one was filed and Appellant Maryann Castro was not notified

by Counsel Joseph Appelt instead receive notice via email by the Court of Appeals after her was granted

to withdraw. How is this Justice? May 8th never received notice from Counsel Joseph Appelt about
motion to withdraw only from Appeals Court via email after it was denied again Appellant Maryann

Castro is harmed how is this justice.

Maryann Castro Appellant and pro-se

1501 Olive

Jourdanton Texas 78026

Pacattitude2014(S)gmail.com

8304960133

Filed May 26,2015
FOURTH COURT OF APPE/

SAN ANTONIO. TE>

5/8/2015 5:27:28

KEITH HOT*

CL£

NO. 04-14-00785-CV

IN THE FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 4th COURT OF APPEALS

SAN ANTONIO, TEXAS

05/8/2015 5:27:28 PM

KEITH E. HOTTLE

Clerk

MANUEL CASTRO

VS.

MARY ANN CASTRO

NOTICE OF MOTION FOR WITHDRAWAL OF COUNSEL

JOSEPH P. APPELT,P.C.

ATTORNEY AT LAW

5825 CALLGHAN RD., STE. 104

SAN ANTONIO, TEXAS 78228

210-375-1212 TELEPHONE

210-375-1213 FAX

EMAIL: JPAPPELT(a GMAIL.COM

ATTORNEY FOR MANUEL CASTRO

TO THE HONARABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

This Motion for Withdrawal of Counsel is brought by JOSEPH P. APPELT, who

is attorney of record for MANUEL G. CASTRO. Joseph P. Appelt, requests the Court to

grant him permission to withdraw as attorney for MANUEL G. CASTRO in this case. In

support, Joseph P. Appelt shows:

Good cause exists for withdrawal of Joseph P. Appelt, as counsel for Petitioner.

MANUEL G. CASTRO, due to conflict arising between Attorney and Client which

prevents effective representation.

copy of this motion has been delivered to MANUEL G. CASTRO, who is

hereby notified in writing of his right to object to this motion. The last known address of

MANUEL G. CASTRO is P.O. Box 47776, San Antonio, Texas 78265.

There is no setting pending in this casey*" J-^ fy QQQ(\

Both sides have served discovery requests to the other "^

0ur-f
There have not been any oral depositions in this case. ~""p"y ,-n -,\-£ \_^ Jj CAn entry of an order granting this motion and discharging Movant as attorney of \/4

record for .MANUEL G. CASTRO would not harm the other party\

NOTICE TO CLIENT

Movant as attorney of \/4

You are hereby notified that this Motion for Withdrawal of Counsel is set for

hearing at the time and place stated below. You do not have to agree to this motion. If

you wish to contest the withdrawal of Joseph P. Appelt as your attorney, you should

appear at the hearing. If you do not oppose Joseph P. Appelt's withdrawal as your

attorney, you may notify Joseph P. Appelt in writing of your consent to this motion.

Joseph P. Appelt prays that Court enter an order discharging him as attorney of

record for MANUEL G. CASTRO.

Respectfully Submitted,

Joseph P. Appelt, PC.

5825 Callaghan Rd., Ste. 104

San Antonio, Texas 78228

210/375-1212 (Telephone)

210/375-1213 (Telecopier)

JOSEPH P. APPELT

SBN: 00789809

ATTORNEY FOR MANUEL G. CASTRO

CERTIFICATE OF SERVICE

certify that true copy of the above was served on each attorney of record or

party in accordance with the Texas Rules of Civil Procedure on May 8, 2015.

JOSEPH P. APPELT

Attorney for MANUEL CASTRO
Dooms Filed 09/0^'s

SSr==W:; _/

JEFFREY R.DAVIS

5710Bio WEST SANANTONJO

ATTORN

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sSaSSMK
Mail will be forwarded for the

following individual only:

MARYANN

CASTRO

Your mail will be forwarded to\pur

NEW address, as you requested

on: Sep 30,2014

Y&UR OLD ADDRESS

MARYANN CASTRO

23302 HICKORY SHADOW

ELMENDORFTX 78112-6172

YOUR NEW ADDRESS

If the information contained on this page is

incorrect, or you have not received mail at

your new address for 10 Postal business

days or more, please call 1-800-ASK-USPS

(1-BO0-275-8777).

If you need to view or cancel this

Change-of-Address Order or change the

date to start forwarding your mail, visit

managemymove.usps.com and enter

the Confirmation Code: 1429 45011010 9450

Visit managemymove.usps.com to add your

email address and receive email reminders

of mail forwarding expiration dates.

00000067002 MB 0.435 T:0004

MARYANN CASTRO

PO BOX 495

PLEASANTON TX 78064-0495
—A.

Return Mail Operations

PO Box 14411

DesMoines.lA 50306-3411

•'il'ii'l'lln'l

MB 5626/005626/005626 015 01 ACNHH2 708

MANUEL CASTRO JR

1501 OLIVE ST

JOURDANTONTX 78026-2220

Summary

PaynTenffPrincipal and/or Interest, Escrow) $17732/7?"

Optional Product(s) S0.00

Current Monthly Payment 06/01/10 $1,732.71

Overdue Payments 05/01/10

Unpaid Late Charge(s)

Other Charges

$1,732.71

$78.10

$15.00

TOTAL PAYMENT DUE 06/01/10 $3,558.52

.PrPEirty. Address

1501 OLIVE STREET

JOURDANTON TX 78026

Unpaid Principal Balance S225.205.70

fContact Customer Service tor your payoff balance)

Interest Rate 6.950%

Interest Paid Year-to-Dato $3,921 ,B2

Taxes Paid Year-to-Dato S0.00

Escrow Balance $1,047.08

Activity Since Your Last Statement

Dato Description Total Principal Late

Interest Escrow Charge Other

305/14 PAYMENT $1,732.71 $256.26 S1.305.BO $170.65

Wells Fargo Easy Pay payment has been applied. Amount shown exclusive of any fees.

Monthly Mortgage Statement

Statement Oate

Loan Number

Customer Service

£=) Online

wellsfargo.com/ym

0$ Fax (866)278-1179

Correspondence

PO Box 10335

Des Moines IA 50306

f><\ Payments

PO Box 660455

Dallas TX 75266

05/14/10

0150044675

7BT Telephone

(866) 234-8271

Hours of Operation

Mon-Fri,6AM-10PM

Sat. AM PM

TTY Deaf/Hard of Hearing

(800) 934-9998

Important Messages

Important Notice! Wells Fargo Home

Property Tax Lien Transfers or Property

Tax Deferrals. These programs create lien

on your property which takes priority over your

mortgage. change in lien position violates

your mortgage agreement and Wells Fargo will

take the necessary steps needed to ensure

the mortgage lien is not at risk.

\.K) ...v/v--1

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VjsIisFargo Home Mortgage -HomeCampus

Des Moines, IA 50323-0002

MANUEL G CASTRO JR

MANUEL CASTRO JR,

,. ""iuc udic, weUS fareo Home Mnrf«5^ ,.jii

ADout mortgage payment assistan ance

Aboat PK&« Package benefits

10399801
COURT OF APPEALS NO. 04-14-00785-CV

TRIAL COURT CASE NO. 2011 CI15957

INTHEMATTER OF mTHEmSTPTTM^«£kE5iN

THE MARRIAGE OF

MANTIFT TACTDn 01/9/2015 3:02:21 PM MANUEL G.CASTRO 45th JUDICIAL DISMCITe. HOTTLE

MARY ANN CASTRO §§ BEXAR COUNTY,

RESPONSE TO APPELLANT'S AFFTOA VTT QF

This Response is brought by Appellee, MANUEL G. CASTRO, by and through his attorney,

JOSEPH P. APPELT, who shows in support thereof:

1. On or about December 29,2014 Appellant filed certain documents, including an

Affidavit of Indigency in this matter;

2. Appellee contests the validity of said affidavit based on several facts that have come to

light during the course of the matter in District Court;

3. First, Appellant asserts in her sworn affidavit that her only source of income is her Social

Security disability check in the amount of $788.00 per month. This is false statement for the

following reasons:

a. Appellant, Mary Ann Castro, has catering business "Catering by Mary Ann" as

evidenced by the advertisement attached hereto as exhibit "A"

b. Appellant has stated in court that she makes "$ 15 an hour," evidenced by her

statement on line 15 of page 7 of the certified transcript attached hereto as Exhibit

"B"

4. In addition, Appellee further objects to the validity of Appellant's affidavit in that she is

currently the owner of 2013 Chevrolet Cruz automobile; evidencing her income is greater than

only the S788.00 monthly Social Security check she swore to in the said affidavit;

5. Also, Appellant files her affidavit in support pf other filings indicating she does not have

the financial resources to pay her costs or hire an attorney. Appellant has made this same

assertions throughout the case at the District pourt level yet she has retained the

following attorneys in conjunction with her case:

a. Edward Piker

b. Rebecca C. Martinez (now Justice on the 4lh Court of Appeals)
David Wilkerson

d. DinoraDiaz

e. Jamie Graham

f. Sara Ann Lishman

g. Steve Cennamo and

h. Matthew Obremier

attached hereto a, Exhibit ■ •

MatthewObremie,..-

ta

affidavit attached hereto as Exhibit «D»

TM'ou,

hire
Respectfully Submitted,

Joseph P. Appelt,p.c.

5825 CaJJaghan Rd., Ste. 104

San Antonio, Texas 78228

210/375-1212 (Telephone)

210/375-1213 (Telecopier)

JOSEPH P. APPELT SBN: 00789809

CERT^ICAraOFSERyiCE

on January 9,2015.

JOSEPH P. APPELF

Attorney for MANUEL G. CASTRO
CH.'EI JUSTICE

■vAULN .WY.KU.VI

MARIA; VK iiAKNARD

HEBECAC. MARTINEZ "ATKIClAi: ALVAREZ

l.UZfL,-v\:».CHAP.A

ASON ,'i l.i.jAM

JUSTi.; f-s

Mary Ann Castro

3501 Olive

Jnurdanton, TX 78026

Manuel Castro

PO Box 47776

San Antonio, TX 78265

COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADEKA-REEVES JUSTICE CENTER

300 DOLOROSA. SUITE So SAN ANTONIO, TEXAS 7S->05-3037

WWW.TXCOURTS.GO V/4THCOAASPX

KEITH E. HO1TUCLERK OF COURT

TELEPHONE

(210)335-2635

FACSIMILE NO

(210)335-2762

May 18, 2015

RE: Court or Appeals Number: Trial Court Case Number:

Style: Mary Ann Castro

04-14-00785-CV

2011-CM5957

Sarah Lishman

Jamie Graham Associates PLLC Tower Life Building

310 S. St. Mary's, Suite 845

San Antonio, TX 78205

Joseph Appelt Jr.

Joseph Appelt PC

5825 Callaghan Rd Ste 104

San Antonio, TX 78228-1106

v.

Manuel Castro

■« received and fiied in ,ne

Very truly yours,

KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219

cc: Dinah L. Gaines