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Maryann Castro In the Fourth Court Of Appeals '•

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## Fourth Court OfAppeals District 2015 MAY 12 PM h3U / i San Antonio Texas Bexar County // . /-, ,/ , '/ ./.* > > •' ''«-

Manuel Castro Re: Court OfAppeals Number: 04-14-00785-CV Trial Court Case 2011 -CI-15957

NOTICE OF Motion for Spousal Maintence TO THE HONARABLE JUSTICES OF THE FOURTH COURT OF APPEAL: This motion is filed by Appellant MaryAnn Castro who prays the court an entry ofan order granting this motion ofspousal maintence. In Counsel Joseph Appelt motion to withdrawal as appellee Manuel Castro Counsel dated May 8, 2015 knowing his Appellee Briefwas due April 29,2015 and did notfile any,motion in delay ,withdrawal or even the Appellee Briefthat was pending the outcome ofthis case. Appellee Joseph Appelt has abused the law, and abused Appellant Maryann Castro which is stated in herAppellant briefwith evidence of fraud and hiding a martial asset. Counsel Joseph Appelt states in his withdrawal it would not harm the other party which is Appellant Maryann Castro it has harmed Appellant Maryann Castro in the following. A) BSI THE HOME MORTGAGE WAS NOT GETTING PAID BY HIS CLIENT Appellee Manuel Castro OWES 73967.02 B) USING A COMPARATIVE MARKET ANALYSIS-OVERVALUED THE COMMUNITY AT 351,375 A RELATORS OPINION PREPARED BYAPPELLEE MANUEL CASTRO MISTRESS ARCHIE MARMEJO. C) IN THE COURT OFJUDGE SALINAS-SARAH LISHMAN COUNSEL WAS THE SEPT29,2014 ITWAS FOUND BOTH COUNSELS DINORAH DIAZ AND COUNSEL JOSEPH APPELT PROCESSED A DIVORCE LIFT STAY WAS NEVER FILED AND COUNSEL JOSEPH APPELT KNEW THIS AND HID FROM THE COURT JUDGE SALINAS AND APPELLAANT MARYANN CASTRO AND STILL PROCEEDED IN TRYING TO GET APPELLEE MANUEL CASTRO 40,000 IN FRAUD EQUITY USING A9* *

REALTORS OPINION AND HIDING AN ACTIVE BANKRUPTCY ALMOST HURTING APPELLANT MARYANN CASTRO IN LOOSING THE COMMUNITY TO FORECLOSURE ON 1/6/2015. D) CERTIFIED APPRASAL 1501 OLIVE IS 225,000 COUNSEL JOSEPH APPELT DID NOT ALLOW JUSTICE TO BE SERVED. E) FINAL DECREE OF DIVORCE OCT 30,2012 HIDING A KEOGH PLAN PENSION AND 99 SUBARU WITH JUDGE UTTLEJOHN SIGNATURE HE WAS DOING THIS TO HURT APPELLANT MARYANN CASTRO KNOWING IN THE AGREEMENT FOR FINAL DIVORCE HE DID NOT LIST THESE TWO MARTIAL ASSETS. F) APPELLEE MANUEL CASTRO WAS NOT PAYING THE HOME MORTGAGE AND OR ABOUT AUG 31,2012 FILED BANKRUPTCY PUT THE COMMUNITY IN BANKRUPTCY COURT WITHOUT NOTIFYING APPELANT MARYANN CASTRO AND HID THAT BIG PIECE OF A FINALCIAL MATTER THAT HURT THE OTHER PARTY AS STATED BY COUNSEL JOSEPH APPELT HE HAS ABUSED THE LAW TO HURT APPELLANT MARYANN CASTRO HIS CLIENT APPELLE MANUEL CASTRO OWED 220000 ON THE NOTE AND HAD NOT MADE ONE MORTGAGE PAYMENT WAS IN ARREAR 73,967.02 AND APPELLANT MANUEL CASTRO AND COUNSEL JOSEPH APPELT HID THAT FROM THE COURT JUDGE 10/30/13 AND APPELLANT MARYANN CASTRO ALMOST LOOSING HER HOME INTO FORECLOSURE 1/6/2015. G) MARYANN CASTRO IS DISABLED BEGAN MARCH 22,2001 AND IS CURRENT BENEFITAMOUNT IS 864.00 AND IT HAS HURT THE OTHER PARTY APPELLANT MARYANN AND HAS BEEN SUFFERING PAIN DEPRESSION AND FINANCIALLY DUE TO THE FRAUD AGREEMENT THAT WAS PRESENTED ENFORCE ABUSED THE LAW KNOWING APPELLANT MARYANN CASTRO WAS CHALLENGING THE AGREEMENT SET UP WITH FRAUD TO HURT APPELLANT MARYANN CASTRO BY COUNSEL JOSEPH APPELT ON 10/30/13. THE STATE BAR HAS BEEN NOTIFED OF COUNSEL JOSEPH APPELT LEGAL MALPRACTICE PROCESSING A DIVORCE IN ACTIVE BANKRUPTCY OVER VALUE THE COMMUNITY USING A REALTORS OPINION AND HIDING A MARTIAL ASSET KEOGH PLAN PENSION 99 SUBARU. H) IN 2013 THERE ARE TWO DOCTORS WHO KNOW OF APPELLANT MARYANN CASTRO DISABILTY AND COUNSEL JOSEPH APPELT HAD ABUSED THE LAW BY HIDING THIS DISABILTY APPELLANT MARYANN CASTRO HAD DURING THE MARRIAGE AND HAS NOT STOPPED THE MEDICAL VISITS TO GET THE MEDICAL CARE SHE NEEDS AND APPELLANT HAS BEEN HARMED BY COUNSEL JOSEPH APPELT CONINUED ABUSE, ATTACKING APPELLANT MARYANN CASTRO IN HIS ATTEMPT TO DRAG ON THIS AGREEMENT FOR FINAL DIVORCE THAT APPELLANT MARYANN CASTRO HAS BEEN CHALLENGING DUE TO FRAUD COMMITED BY Counsel Joseph Appelt and his client Appellee Manuel Castro and the non-spouse mistress Christina Pacheco. I) Appellee Manuel Castro used the Community funds to pay for his extra martial affair with Christina Pacheco instead of paying the home mortgage Appellee Counsel Joseph Appelt statement in his motion to withdrawal filed 5/8/2015 knowing his brief was due 4/29/15 Counsel Joseph Appelt says it has not harmed the other party it has caused pain extreme depression as to where Appellant Maryann Castro did not want to live she has suffered and Counsel Joseph Appelt continues to Abuse the law as he has in over three years. Appellee Manuel Castro mistress was harassing Appellant Maryann Castro during the marriage and in the process of divorce and in challenging the Agreement for final divorce it was Appellee>'. . ^ Mistress who brought in the fraud in overvaluing the community shared by Appellant Maryann Castro and Appellee Manuel Castro she went to as far as calling the home mortgage and sending a picture via text. J) Appellant Maryann Castro is not employed she is disabled she had had to seek employment due to Appellee Manuel Castro fraud attempt inforeclosing on the home mortgage he had not made one payment and tried to collectfraud equity of40,000. K) Appellant Maryann Castro has been harmed in the Agreementfor final divorce she has type 2 diabetes, had breast cancer in remission, multiple tumors in thyroid, cyst in the throat, cyst in the foot, acid reflux, high blood pressure. And now there is a chance she has bone cancer in her right foot on 8/20/15 surgery will be done and testing. Appellant Maryann Castro cannot stand up too long and is in extreme pain suffering and cannot suffer any more stress caused by Counsel Joseph Appelt and Appellee Manuel Castro. And Counsel Joseph Appelt the other party your statement as to it will not harm Appellant Maryann Castro it will. L) Appellant Maryann Castro prays for the court to award Appellant Maryann Castro her request as stated in her Appellant briefbefore discharging Counsel Joseph Appelt who committed the legal malpractice which has been reported to the state bar Appellant Maryann Castro was the one who abided by the Court and turned in a timely manner Appellant Maryann Castro brief with evidence offraud conspired by Counsel Joseph Appelt to commit fraud for his client Appellee Manuel Castro and his mistress Christina Pacheco and that was to harm the other party as stated in his motion to withdrawal M) knowing his case was in Appeals Court and his Appellee Briefwas due 4/29/15 and he failed to communicate on time and turn in his Appellee Brief but files a motion to withdrawal on May 8,2015 Appellant Maryann Castro prays for Justice to be served in the Agreement for Final Divorce so that it will stop harming her as Counsel Joseph Appelt stated it has not harmed the other party.NO. 04-14-00785-CV IN THE FOURTH COURT OF APPEALS SANANTONIO, TEXAS

MANUEL CASTRO VS. MARY ANN CASTRO U414UU/8t FOURTH COURT OF APPE/ SAN ANTONIO, TE> 5/8/2015 5:27:28 KEITH HOT" CLE

FILED IN 4th COURT OF APPEALS

SAN ANTONIO, TEXAS Q5/8/2Q15 5:27:28 PM KEITH E. HOTTLE Clerk

NOTICE OF MOTION FOR WITHDRAWAL OF COUNSEL JOSEPH P. APPELT,P.C. ATTORNEYAT LAW 5825 CALLGHAN RD., STE. 104 SANANTONIO, TEXAS 78228 210-375-1212 TELEPHONE 210-375-1213 FAX EMAIL: JPAPPELT@GMAIL.COM ATTORNEY FOR MANUEL CASTRO
TO THE HONARABLE JUSTICES OF THE FOURTH COURT OF APPEALS: This Motion for Withdrawal ofCounsel is brought by JOSEPH P. APPELT, who is attorney ofrecord 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 ofJoseph P. Appelt, as counsel for Petitioner, MANUEL G. CASTRO, due to a conflict arising between Attorney andClient which 

## prevents effectiverepresentation. ^ jO | -C^-S^nT^ ^ TA cqOL?^I A copy ofthis motion has been delivered to MANUEL G. CASTRO, who is hereby notified in writing ofhis 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 settingpendinginthis ca.se~7 j +-£ ji\ 0\QOJUj\\S> Both sides have served discovery requests to the other 

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# xh h tv, ,h v • *h- /tTIWU. bed •

_ There have notbeen anyoral depositions inthiscase. / ""T^Y; rvW" I 8) i C ^ An entry ofan order granting this motion and discharging Movant as attorney of 

# recordforMANUELG. CASTROwouldnotharmtheotherparty^^) Y^^ ' ^UU NOTICE TO CLIENT You are hereby notified that this Motion for Withdrawal ofCounsel 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 ofJoseph P. Appelt as your attorney, you should appear at the hearing. Ifyou do not oppose Joseph P. Appelt's withdrawal as your 

### attorney, you may notify Joseph P. Appelt in writing ofyour 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, P.C. 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 I certify that a true copy ofthe above was served on each attorney ofrecord or party in accordance with the Texas Rules ofCivil Procedure on May 8, 2015.

JOSEPH P. APPELT Attorney for MANUEL G. CASTROSANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM

JUSTICES Mary Ann Castro 1501 Olive Jourdanton, TX 78026 Manuel Castro PO Box 47776 San Antonio, TX 78265 MLhCOFY



### COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOV/4THCOA.ASPX KEITH E. HOTTLE CLERK OF COURT
TELEPHONE (210)335-2635 FACSIMILE NO.

(210)335-2762 May 8, 2015. Sarah Lishman Jamie Graham & Associates, PLLC Tower Life Building 310 S. St. Mary's, Suite 845 San Antonio, TX 78205 Joseph Appelt Jr. Joseph P Appelt PC 5825 Callaghan Rd Ste 104 San Antonio, TX 78228-1106 RE: Court ofAppeals Number: Trial Court Case Number: Style: Mary Ann Castro
v. Manuel Castro 04-14-00785-CV 2011-CI-15957

The Appellee's Notice of Motion to Withdraw Counsel has this date been received and filed in the above styled and numbered cause.

cc: Dinah L. Gaines Very truly yours, KEITH E. HOTTLE, CLERK

Lhz Estrada Deputy Clerk, Ext. 53219SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA 0. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM

JUSTICES 

### COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT

CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-303 7 WWW.TXCOURTS.GOV/4THCOA.ASPX

Joseph Appelt Jr. Joseph P Appelt PC 5825 Callaghan Rd Ste 104 San Antonio, TX 78228-1106 * DELIVERED VIA E-MAIL * RE: Court ofAppeals Number: Trial Court Case Number: Style: Mary Ann Castro
v. Manuel Castro May 5, 2015

04-14-00785-CV 2011-CI-15957 JriLJt CU1JY

KEITH E. HOTTLE CLERK OF COURT
TELEPHONE (210)335-2635 FACSIMILE NO. (210)335-2762



### Mr. Appelt Jr., our records show you are the attorney for the appellee. This is to notify you 

### that appellee's briefwas due April 29, 2015, but has not been filed. Please respond to this court in writing within ten days of the date of this letter. Your response should state a reasonable explanation for failing to timely file the brief. It should also demonstrate that you are taking affirmative steps to remedy the deficiencies. Ifyou intend for your response to serve as a motion for extension oftime, it must comply with Rule 10.5 ofthe Texas Rules ofAppellate Procedure and the Fourth Court ofAppeals' local rules. 

### Ifwe do not receive an adequate response from you within ten days ofthe date ofthis letter, we will set the appeal "at issue," and it will be set for submission without an appellee's brief.

cc: Mary Ann Castro Very truly yours, KEITH E. HOTTLE, CLERK

Lhz Estrada Deputy Clerk, Ext. 5321910/09/2014 Sent Via Certified Mail 13D7 HDD 1170 0770 3512 ID MANUEL G CASTRO JR 1501 OLIVE ST JOURDANTON, TX 78026-2220 Loan Number: 44675 Property Address: 1501 OLIVE STREET JOURDANTON, TX 78026 NOTICE OF DEFAULT AND INTENT TO ACCELERATE Dear MANUEL G CASTRO JR: This letter is formal notice by BSI Financial Services, Inc. (herein as "BSI") the Servicer of the above-referenced loan, on behalfof MLB SUB I, LLC that you are in default under the terms of the documents 

### creating and securing your Loan described above, including the Note and Deed of Trust/Mortgage/Security Deed ("Security Instrument"), for failure to pay the amounts due. 

### The loan is due for 12/01/2011 and subsequent payments, plus late charges, fees and costs. As of today, the total delinquency andreinstatement amount is $73,967.02, which consists of the following: Next Payment Due Date 12/01/2011 Total Monthly Payments Due: $66,367.76 

## (35 @ $1,732.72) ^ "\ Late Charges // ' $4,204.26 '\ 

## OtherFees: / /. $3,395.00 Unapplied Balance: y \ ($Q.QQ) TOTAL YOU MUST PAY TO CURE DEFAULT: $73,967.02 It is possible that after payment of the amounts detailed above there may be other fees still due and 

### owing, including but not limited to otherfees, escrow advances or corporate advances that BSI paid on your behalfor advanced to your account. This letter is a formal demand to pay $73,967.02. If the default, together with additional payments that subsequently become due, is not cured by 11/13/2014, BSI will accelerate the note so that the entire debt is immediately due and payable, and take steps to terminate your ownership in the property by a foreclosure proceeding or other action to seize the property. IF YOU ARE UNABLE TO BRING YOUR ACCOUNT CURRENT, BSI offers consumer assistance 

### programs designed to help resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to ourcustomers. You may be eligible for a loanworkout plan or othersimilar alternatives. If you would like to learn more about these programs, you may contact the Loss Mitigation Department at (800) 327-7861, Monday-Wednesday 8 am to 8 pmEST, Thursday 8 am to 6 pm EST, Friday 8 am to 5 pm EST, Saturday 8 am to 12 pm EST. WE ARE VERY INTERESTED IN ASSISTING YOU. The default above can be cured by payment of the total delinquency and reinstatement amount plus any

TX_NOI Page 1 of 3 130? HDD 1170 0770 3S1E ^O

# •£> mparative ivia Property At: Prepared For: Manuel Castro 1501 Olive Jourdanton, TX 78026

Prepared By: 

# ^j> Archie Marmolejo

_X A'LSejisorrRealty

sraiaSSi&S

sstnu; stum-rare

Ail seam® EeaSfy Office Phone: (830) 281-5263

Direct Une: (210) 347-7330 Personal Fax Number. (210) 569-6211 Email: marmotejoarchie@aol.com 

# nalysis

THIS IS A BROKER PRICE OPINION ORCOMPARATIVE MARKETANALYSIS ANDSHOULDNOT BECONSIDERED ANAPPRAISAL. In making anydecision thatrelies uponmy work, youshouldknow thatI have not followed the guidelines fordevelopment ofan appraisal or analysiscontained in the Uniform Standards ofProfessionalAppraisal Practice of theAppraisal Foundation.

Prepared By: Archie Marmolejo All Season Realtyfl5 

# Seller's Statement Property At:



## Prepared For:Manuel Castro 1501 Olive 

## Jourdantonr TX 78026



# Suggested Marketing Price: $351,375

# B
"On or about December 1, 2013, I learned that-Afgeetmar-Marmolejo was a friend of Manuel Castro's lover, and therefore became suspicious ofthe Market Analysis that he provided to me at the time I signed the Agreement for Final Divorce. I therefore had my own Market Analysis prepared by Karen Potts, who appraised the home at a fair market value of only $184,000.00. "I have made multiple attempts to refinance the home, as per the terms ofthe Agreement for Divorce, but have been told that no lender will refinance while the home is still subject to the Manuel Castro's bankruptcy proceeding. Further, I was told that Manuel Castro removed me as an authorized person for the current mortgage holder to communicate with, and I have therefore had an extremely difficult time getting information with respect to the status of the mortgage. All mortgage statements were diverted from my address to Manuel Castro's sister's address, and so I never received any information with respect to the status ofmortgage payments after Manuel Castro was ordered to make those payments in the temporary orders. "I had a credit report done, and from that I learned that the home is currently in default for approximately $60,000.00.

/$•:.'.%•.. GINA ! /"v-.:V-.'"i Notary Pu U-.^.-'-J My Corr 

### ^ii$* GINA S. VILUGOME2 blic. State of Ttxss y commission Expires February 27, 2017 

# ij^ MaryAnn Casiro Mary Ann t 

## SIGNEDunderoathbeforeme on l\j %\Q.")TJ 11, ZO^ 

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# jjl Notarypublic, State ofTexas ^ 

## Q^oriSls
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Affidavitof Mary Ann Castro Page 2

# B

Affidavit ofMary Aram Castro Mary Ann Castro appeared before me in person today and stated under oath as follows: 

### "My name is Mary Ann Castro. I am above the age of eighteen years, and I am fully 

### competent to make this affidavit. I am the movant in the Motion to Declare Agreement for Final Divorce Void. The facts stated in this affidavit are within my personal knowledge and are true and correct. 

### "On September 30, 2011, my husband Manuel Castro filed for divorce. At that time, he had already filed for Chapter 13 bankruptcy, and to date, that bankruptcy proceeding has not yet been discharged. 

### "In the temporary orders for this divorce, Manuel Castro was ordered to make all mortgage payments on our home, 1501 Olive Street, Jourdanton, Texas 78026, where I still reside. "On October 30, 2013, Manuel Castro and I entered into an Agreement for Final Divorce, 

### dividing up our marital estate. Manuel Castro never informed me prior to executing this Agreement for Final Divorce that he had failed to make mortgage payments as ordered in the temporary orders and the house was in default. "Prior to executing the Agreement for Final Divorce, Manuel Castro provided me with a Market Analysis prepared by A^gentma Marmolejo, which represented the fair market value of the house to be $351,375.00. I relied on this Market Analysis when agreeing to the property division in the Agreement for Final Divorce. 

### "The Agreement for Divorce awarded me the home, but required me to refinance by February 28, 2014.
Affidavit of MaryAnn Castro Page 1

### 1 "^ REPORTER'S RECORD VOLUME 1 OF 1 VOLUME 

### 2 TRIAL COURT CAUSE NO. 2011-CI-1595 7 3 . IN THE MATTER OF THE MARRIAGE OF 4 5 6 7 8 9 MANUEL G. CASTRO AND MARY ANN CASTRO IN THE DISTRICT COURT

BEXAR. COUNTY, TEXAS
45TH JUDICIAL DISTRICT



### 10 HEARING ON MOTION TO DECLARE AGREEMENT FOR FINAL DIVORCE VOID 11 12 13 

## 14 On the 29th day of September, 2014, the following 15 proceedings came-on to be heard in the above-entitled 

### 16 and numbered cause before the Honorable Laura Salinas, 

## 17 Judge Presiding, held in San Antonio, Bexar County, 18 Texas 

### 19 Proceedings reported by computerized stenotype 20 machine. 21 22 23 24 25 GLYN E. POAGE, CSR, RDR, CRR 

### 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 APPEARANCES 2 JOSEPH P. APPELT SBOT NO. 00789809 

### 3 Joseph P. Appelt, P.C. 5825 Callaghan Road, Suite 104 4 San Antonio, Texas 78228 Telephone: (210)375-1212 5 Attorney for Petitioner 6 SARAH ANNE LISHMAN SBOT NO. 24086267 7 JAMIE L. GRAHAM SBOT NO. 24027335 

### 8 310 S. St. Mary's Street, Suite 845 San Antonio, Texas 78205 9 Telephone: (210)308-6448 Attorney for Respondent 10 

### 11 TINA PACHECO, Pro Se Respondent 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GLYN E. POAGE, CSR, RDR, CRR 

### 166TH DISTRICT COURT BEXAR COUNTY, TEXAS z.1 INDEX 2 Statements of Counsel • 4 3 WITNESS DIRECT CROSS 4 MARIA DINORAH DIAZ 9 16 

### 5 Court' s Ruling 31 6 Court Reporter 's Certificate 34 7 8 9 10 11- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GLYN E. POAGE, CSR, RDR, CRR 

### 166TH DISTRICT COURT BEXAR COUNTY, TEXAS J1 (September 29, 2014, 9:12 a.m.) 2 THE COURT: Cause Number 2011-CI-15957. 

### 3 Can I have everyone identify themselves for the record, 4 please? 5 MS. LISHMAN: Sarah Anne Lishman for Mary 6 Ann Castro. She's the movant in this case. 7 THE COURT: Okay. 

### 8 MR. APPELT: Joseph Appelt representing 9 Manuel Castro, the respondent to their motion, the 

### 10 petitioner in the original cause. Also present is 11 Manuel Castro and, technically, pro se is Christina
— 12 your last name. 13 RESPONDENT PACHECO: Pacheco. 14 MR. APPELT: Pacheco. Who had been 

### 15 interpled as a third party defendant during the divorce. 16 But I'm ready for Manuel Castro. 

### 17 THE COURT: Okay. And, so, Ms. Lishman, 18 this is your motion, correct? 19 MS. LISHMAN: Yes, Your Honor. This 

### 20 actually is the fourth time that we've brought this 21 matter to court. It's a motion to declare agreement for 22 final divorce void. 

### 23 Basically, the parties entered into an 

### 24 agreement for final divorce about a year ago, on 25 October 30th, 2013, and we believe that that agreement GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 is void as a matter of law because at that time there 2 was a bankruptcy pending. Mr. Castro was the debtor in 

### 3 bankruptcy, and there was no lifting of the automatic 4 stay for the purpose of dividing the property that was 5 subject to the bankruptcy court jurisdiction at that 6. time, as is required by law. 7 The last time that we were here we spoke 

### 8 in chambers. So just to get on record a timeline of 9 events, basically, this divorce was filed in 2011. 10 Thereafter, Mr. Castro filed for bankruptcy. Temporary 11 orders were entered in this matter, I think in 2012
— 

### 12 maybe 2011 or 2012. But under the terms of those 

### 13 temporary orders, Mr. Castro was required to make 

### 14 mortgage payments on the marital residence, which he 15 failed to do so. And since that time no mortgage 

### 16 payment has been made for the residence that Mrs. Castro 17 is residing in and still currently residing in. 18 This agreement was entered
— was — it's 

### 19 a handwritten agreement, October 30th, 2013, and the 20 issue is that there was no lifting of the automatic 

### 21 stay, so we believe it's void as a matter of law. 22 The other issue is that this agreement was 

### 23 signed by or purports to be signed by all the parties 24 and Judge Canales, but there's no recitation that this 25 was actually a rendition of final judgment, and there GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS

### 1 was no record made. There's no judge's notes from that 

### 2 day and this agreement was never filed. 3 So there's no evidence that this agreement 4 was ever a rendition of final judgment. And, so, we 5 believe because it was not rendered, there's no 

### 6 ministerial duty binding on the Court to enter a final 7 ' order on the terms of this agreement. 8 THE COURT: Okay. And I have the cases. 9 MS. LISHMAN: Door versus State was the 

### 10 case on point, and then I also handed you, last time, 11 another case citing, York versus State, for the same 

### 12 proposition, that an agreement or an order entered in 13 violation of the stay is void as a matter of law. York 14 versus State is a Texas Supreme Court case. 15 And if
— and also for the issue of 

### 16 rendition, I brought another case — it's Gamboa v. 

### 17 Gamboa
— saying that rendition of an order is an oral 18 pronouncement in open court or it has to be in a written 19 and filed memorandum.. And at this time we believe 20 there's no evidence that there is a written and filed 21 memorandum, and no evidence that there was an oral 22 pronouncement. 23 THE COURT: Okay. Well, let me, I guess, 24 hear from Ms. Diaz first. But I did look into all these 

### 25 issues. So if you.want to go ahead and call her as a GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 witness. 

### 2 MR. APPELT: Yeah. I call Dinorah Diaz. 3 She should be sitting right outside. 

### 4 MS. LISHMAN: And, Your Honor, I just 

## 5 wanted to express to the Court, I think I mentioned this 6 last week, but just so it's on the record, I am 

## 7 objecting to her testimony. I think it's a conflict of 8 interest because at the time she was representing Mrs. 9 Castro. I feel that if she's being called as a fact 

### 10 witness now she has a clear conflict of interest, and I 11 also believe that her testimony is easily covered by the 

### 12 attorney/client privilege. 13 And I'm also objecting to her testimony on 

### 14 the basis of hearsay, because anything that she would 

### 15 have to testify.that would prove that there was an oral 

## 16 pronouncement on this is hearsay. It's an out-of-court 17 statement made for the truth of the matter, and, so, all 18 of it would be hearsay, Your Honor. 

### 19 THE COURT: Okay. You can bring her in. 20 MR. APPELT: And I've got Judge Canales on 

### 21 subpoena, too, Judge, but — 22 (Pause) 

### 23 MS. LISHMAN: Your Honor, while we're 

## 24 waiting for her, I'm not sure — in a prior hearing on 25 this matter I invoked the Rule, so if there's any other GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 witnesses I'd like to invoke the Rule. 

### 2 THE COURT: Anybody else that's going to 3 testify? 

### 4 MR. APPELT: The only one might be Manuel 5 Castro, but that's going to be it, Judge. 

### 6 THE COURT: All right.. Raise your right 7 hand, please. 8 (Witness sworn) 

### 9 THE COURT: State your name for the 10 record, please. 11 THE WITNESS: Maria Dinorah Diaz. 12 D-I-A-Z. 13 THE COURT: And, Ms. Diaz, I understand 

### 14 you represented Ms. Castro previously in this matter? 15 THE WITNESS: Yes, Your Honor. 

### 16 THE COURT: Okay. So I don't want you 

### 17 discussing anything that is attorney/client related. 18 It's a very narrow scope and it's going to be strictly 19 with regards to the appearance in court— the 

### 20 appearance in presiding court October 30th, 2013 in 21 front of Judge David Canales, and that's it. 22 THE WITNESS: Yes, Your Honor. 

### 23 THE COURT: All right. You may proceed. 24 MR. APPELT: May I approach the court 

### 25 reporter to get an exhibit — GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 THE COURT: Yes. 2 MR. APPELT: — marked, Judge? Actually, 3 before I do that, Judge, let me ask a couple of 4 questions. 5 MARIA DINORAH DIAZ, 

### 6 being first duly sworn, testified as follows: 7 DIRECT EXAMINATION 8 BY MR. APPELT: 9 Q. Ms. Diaz
— 10 A. Yes, sir. 

### 11 Q. — you are here because I subpoenaed you; is 12 that correct? 13 A. Yes, sir. 14 Q. You did not volunteer to come here. You are — 

### 15 but for my subpoena, you would not be here; is that 16 correct? 17 A. Correct. 18 Q. A fair statement? 19 And for the benefit of — I guess I know 20 the Court knows and the attorneys know, but what is the 21 effect if a witness disobeys a subpoena? What can 

### 22 happen to that, witness? 23 A. Well, they can get found in contempt. They can 

### 24 be arrested and held in the Bexar County Jail overnight 25 to ensure that they appear in court. GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1U

1 Q. And in my questioning I don't want to go 

### 2 anywhere near any type of attorney/client discussions at 3 all. It's just going to be about procedural aspects of 4 what you recall occurred on or about October 30th of 5 2013. 6 MR. APPELT: And with that, may I approach 7 the witness, Your Honor? 8 THE COURT: You may. 

### 9 Q. (BY MR. APPELT) Ms. Diaz, I'm going to hand you 10 what's been previously marked Petitioner's Exhibit 

### 11 Number 1. I believe it consists of four pages. And 12 flip through there, please, if you would, and when 

### 13 you're done I have some questions for you about it. 14 A. (Witness complying) Yes. 

### 15 Q. Do you recognize Petitioner's Exhibit Number 1? 16 A. Yes. 17 Q. And what do you recognize that to be? 

### 18 A. An agreement for a final divorce regarding 19 Manuel Castro and Mary Ann Castro. 

### 20 Q. And at the time that this agreement was 21 entered, were you Mary Ann Castro's attorney of record? 22 A. Yes, sir. 

### 23 Q. Did you participate that day, on or about 24 October 30th, in the negotiations between the parties 25 which resulted in this handwritten agreement? GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXASZl



### 1 at all in this final agreement. 2 THE COURT: All I'm deciding is whether 

### 3 this agreement — I'm not going to deal with the 4 substance of the agreement, merely whether this was a 5 final divorce or not. That's the issue before me. 6 Q. (BY MS. LISHMAN) Ms. Diaz, does this agreement 

### 7 for final divorce dispose of all of the issues that were 

### 8 pending in this divorce, to your recollection? 9 A. I believe so. 

### 10 Q. Is it generally a common practice for attorneys 11 to address issues pending from temporary orders in a 12 final order? 

### 13 A. I guess it depends on the case. 14 Q. So, hypothetically speaking, if there was about 15 $20,000 owed under temporary orders, is that an issue 16 that an attorney would put in the final order? 17 A. It depends. 18 Q. What does it depend on? 19 A. It depends on what the parties want, what they 

### 20 agreed to and what's discussed, and whether or not it's 21 relevant and whether or not — and I don't really want 

### 22 to get into the attorney/client discussions with Ms. 23 Castro, but it would depend on those things, too. 24 Q. At the time
— October 30th, 2013, at the time 

### 25 you wrote this agreement for final divorce, were you GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXASV.A



### 1 aware that Mr. Castro was in bankruptcy at that time? 2 A. It was represented to me, yes, ma'am. 

### 3 Q. Did you have any reason to believe he was not 4 in bankruptcy at that time? 5 A. No, ma'am. 

### 6 Q. And were you aware that with the bankruptcy 

### 7 pending that all property was subject to the bankruptcy 8 court jurisdiction? 

### 9 A. The property concerning real estate, that that 10 was listed in the bankruptcy, yes. 11 Q. And does that include the residence on Olive 12 Street — 1501 Olive Street? 13 A. Yes. I believe it did. 

### 14 Q. And, so, as an attorney, is it common practice 

### 15 to make dispositions of property that are subject to a 16 bankruptcy court's proceeding? 17 A. If there is a lift stay. 18 Q. Was there a lift stay in this case? 

### 19 A. It was represented to me that there was and 20 there was a document at — a document that was presented 21 to me at the time. And there were those representations 22 made to the Court. And as an officer of the Court, when 

### 23 representations are made by attorneys, then we usually, 24 you know, believe them. 25 Q. Who made the representation to you that the GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXASZ3



### 1 stay had been lifted? 2 A. Opposing counsel. 3 Q. And that's Mr. Appelt? 4 A. Yes. 

### 5 Q. And when did he make that representation? 6 A. Well, I think — I don't know if it was that 

### 7 day or if it was prior. I know that that was one of the 8 issues as to why it was, you know, taking a long time. 9 Q. And did you, yourself, do any due diligence to 

### 10 follow up on that to ensure that the stay had been 11 lifted? 12 A. I did the due diligence necessary. 13 Q. And what does that entail? 14 A. To review the document that was given to me and 

### 15 taking the word of counsel. 16 Q. And what document was that? 

### 17 A. It was a letter or paper. I don't remember. 18 Q. And, so, you also testified that there was a 

### 19 representation made to the Court that the stay had been 20 lifted. Are you saying that it was represented to Judge 21 Canales on October 30th, 2013 that the stay in 

### 22 bankruptcy was lifted? 23 A. That's what I believe, yes. 

### 24 Q. Why do you believe that? 25 A. Because that was one of the issues. GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXASZ4


### 1 Q. But do you have any specific memory of it being 2 represented on that day to the Court, to Judge Canales, 3 that there was a bankruptcy pending and that the stay 4 had been lifted? 5 A. You know, I don't recall. It could have been 

### 6 at, maybe, a temporary order or — you know, hearing. 7 I'm not sure. 

### 8 Q. Do you recall if the bankruptcy was mentioned 9 in front of Judge Canales at all on October 30th, 2013? 10 A. I think it may have been. I believe it was, 11 but I'm not certain. 

### 12 Q. And have you subsequently learned that the stay 13 in the bankruptcy was not actually lifted? 14 A. Yes. 

### 15 Q. And, so, is there — is there any obligation on 

### 16 you, as the attorney that entered into this agreement 17 with your client, to correct or reform that deficiency? 18 MR. APPELT: I'm going to object to the 19 relevance for the purpose of this hearing, Judge, 'cause 20 it's
— 21 THE COURT: Sustained. 

### 22 Q. (BY MS. LISHMAN) The terms of this agreement 

### 23 require Ms. Castro to refinance the marital residence on 24 Olive Street within a certain period of time. Is that 25 correct? GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXASZ5

1 A. That's what was ordered by the Judge, and we 2 reduced it to writing and included it in the decree, 3 yes. 

### 4 Q. So the sole disputed issue was the time period 5 for refinancing the marital residence. Is that correct? 6 A. That's what I recall. 

### 7 Q. And are you recalling based on your actual 8 memory or from reviewing this written agreement? 9 MR. APPELT: Judge, I believe that was 10 asked and answered about 10 minutes ago. 11 THE COURT: Sustained. 12 Q. (BY MS. LISHMAN) Is it your — was it your 

### 13 understanding at the time this agreement was written by 

### 14 you and signed by the parties that all of the terms of 15 this agreement could have been performed by your client, 16 specifically that she could have refinanced the home 17 with the bankruptcy pending at that time? 18 MR. APPELT: Judge, I'm going to object 

### 19 again. I don't — as I recall, the purpose of this 20 hearing was not to get into the substance of the 21 agreement. It was to whether or not this was actually 

### 22 proved up, the divorce, that is, before Judge Canales in 23 open court. 24 THE COURT: Sustained. 

### 25 Q. (BY MS. LISHMAN) Did you put on any proof that GLYN E. POAGE, CSR, RDR, CRR 166TH DISTRICT COURT BEXAR COUNTY, TEXAS1 2 3 4 5 6 7 8

10 Zb 

## day from your recollection or not — I guess — the term 

## "put on proof" refers to putting it on the record; is that correct? 

### A. Not necessarily. 

## Q. Do you remember on that day if the specific items on this agreement for final divorce were discussed 

## with Judge Canales prior to him signing this agreement? A. What do you mean by "discussed"? 

## 9 Q. Well, you testified that you established the 

## residency requirements, the jurisdictional requirements 11 for getting a divorce in Texas. Is that correct? 12 A. Come again. 

## 13 Q- When you went before Judge Canales you 14 established the residency requirements and the 

## 15 jurisdictional requirements for a divorce in Texas. Is 16 that correct? 

# 17 A- Meaning me or the parties? Like the attorneys 18 together, yes. 

## 19 Q. When you were in front of Judge Canales on 20 October 30th. 

## 21 A- Yes. I believe Mr. Appelt asked the questions 22 of his client. 

## 23 Q. And do you recall if the specific provisions 

# 24 dealing with divisions of specific items of property 25 were discussed with Judge Canales prior to him signing GLYN E. POAGE, CSR, RDR, CRR 

## 166TH DISTRICT COURT BEXAR COUNTY, TEXASADUftNTAGE MORTGAGE Fax:2103770960 'Jar 7 ^UUb 1b:\i2 

# D \j

APPRAISAL OF REAL PROPERTY

i LOCATED AT: 8165 FM 2146 S.45'Acres. J. PoHventSurvey *1,Abstracf 1233 Jourdanton, TX 78026
FOR: ' Advantage Mortgage 6601 Blanco Road, Suite 100 San Antonio, T&C3& 78216

AS QF: December 19, 2005
BY: Angela R. Overlay 13730 Adobe Walls Drive Helotes, Texas 78023

(210) 695-4400

form EA1

—TOTAL for Windows' appraisal software bya lamoils, inc. —1-800-AUMODEADUANTAGE MORTGAGE Fa;!:2103770SBO Mar / 2UUB 1b:U3 C. U« u o 

### Uniform Residential Appraisal Report

. 1 — thesubject neighborhood ranging inprice from S 225 OOO comparable sales m the iubject neighborhood within The pasttwelve months ranolnn in .gate nrinp frnm t TM TM„ SUBJECT C/lRflPAPAPIC^AI r^-t I /»,.r..„.L, j-e-utkw Castro, Manuel F1e# 8306 255.000 240,000

did notresearchthe sale nrtransferhistory ofthesubjectproperty and comparablesales. Ifnot explain

San Antonio MLS jjOalafourcefc) SanAntonioMLS

Myiresearch Qdid g| didnotrevealanyprj irsalesortransfeftofthesubjectproperty(orthethreeyearsphottctheeffectivedateoftlils appRisiT Mvriearch r~] did [gj didnotrevea!anypi?irsales ortransfers ofthecomparablesalesfortheyearprior1athedateofsaleolthecomparablesale. oftheresearch andanalysis ofjmpdorsaleortransferhistory ofHiesubjectpropertyandcomparablesales (ramiamnnnnalpriorsalesonpage3) SUBJECT COMPARABLE SALE #1 1 PriorSale/Trai)$fer See Coir menta COMPARABLE SALE #g COMPARABLE SALE #3 e of PriorSala/Transfer PaBSourcels) None None EffecdyeDaleofDataSoureejsJ 

### Amtyg-Ipriorsaleortransferhistoryoflitestreetpropertyandcomparablesales Thesubjectisunderconstructionandhasnottransferredinthenestas month period. Trie sale3 ubbcj in this naisal havenottransferred inthe 12months priorto theabovenotedtransaction. _[_ I SumrrfaryofSales ComparisonApproach Eqifral emphasis was oh/an all sales. Sate<\ wassuperiorIn acresae and metalwork shon, U wa5 inferiorin aae | andfang area. Sale 2was inferiorin i I but tiaferior invaluebecause Itwas h ao eaae andage,butsuperiorinbaths. IMna area,oarageandswimming pool. Sale3 wasaqualIn sitesite, located outinthecounty. It wassuperior inpaths,living area andparage,nwas naraaeBBry to use sales that closedover 6monBis agoandtogoovtr6miles for comparable salesdue to-the low density of development In thesubject's market araaend the need for home sales on acreage tracts. ipopUarJntha market The subjectisconsidered a"mini ranch* and thss'e types of residential properties arebecoming increasingly
tMealedValuebySales Comparison Approach S lnditj»tlValiieby:SalesComparisaiiApproaHi$ 225,000 CostApproach(«de\retoped)$ 228.790 IncomeApproach(Ifdeveloped) $ WA Greatestemphasiswas giventhe marketdataapproach, becauseitbestreflectsthe actions ofbuyersand sellers inthe marketplace. Thecost approach alsosupports thavalue. The irtcome approach was notusedduetoinsufficient rental datanecessarytodevelop anindication of value. !This abpialsalismade • "as is", ^ subjec jcompeted, Dsubjecttothefollowing repairs 1 following required inspection based on the |Based on acomplete visual Inspection ofthe interiorand exteriorareas ofthe subject props] Icondfflons, andappraiser's certification, my '—•* —'-'•—''" J -' •....r...r.. 1$ .225,000 ,asof December 1 toooitipMoii per plans and specifications on the basis ofahypothetical condition that the improvements have been ir alterations on'the basis of ahypothetical condJiDn thatthe repairs or alterations have bBen completed, or • subjecttothe exiraofdlnary assumption thatthe condition or deficiency does notrequire alteration orrepair: None
19,

einterior and exterior areas ofthesubject property, defined scope ofwork, statement ofassumptions and limiting (our) opinion ofthe maiket value, asdefined, of(ha real properly that Isthe subject of this report Is 2005 . which it the daleofinspection and theeffective dateof thisappraisal. Freddie Mac Form 70 March 20Q5 Page 2 of 6 FannieMae Form1004 March2005 Form IOM—TOTALfor Windows" appraisal software by ala mode, inc.—1-8D0-ALAMODESLJtm?.MATTER OF THE MARRIAGE OF MANUEL G. CASTRO MARY ANN CASTRi NO. 2011 CI 15957 \ 

# \\T Ic\- § IN THE DISTRICT COURT
45TH JUDICIAL DISTRI' 

### § BEXAR COUNTY, TEXAS DECREE OF DIVORCE 

### On October 30,2013 the Court heard this case. Appearances 

### Petitioner, MANUEL G. CASTRO, appeared in person and through attorney ofrecord, JOSEPH P. APPELT, and announced ready for trial. 

## Respondent, MARY ANN CASTRO, appeared inperson and through attorney ofrecord, DINORAH M. DIAZ, and announced ready for trial. 

### Third party Respondent, TINA PACHECO, appeared inperson and announced ready for 

# trial. C^vnm'd-exl 4-v^uM On -f 

# Record (^ Ljt4~S 5 C>; ir-ii<K I Q\rc 0-4 v^>.

Court. Jurisdiction and Domicile Tx^--> ' ^ ' ' * " J / 

### The Court finds that the pleadings of Petitioner are in due form and contain all the 

## allegations, information, and prerequisites required by law. The Court, afterreceiving evidence, Themaking of a record ot testimony was waived by theparties with the consent of the



# . A1

finds that ithas jurisdiction ofthis case and ofall the parties and that atleast sixty days have 

# I 4* elapsed since the date thesuit was filed, 

## Corr^-tCt I H€^ €rr-o fft. The Court further finds that, at the time this suit was filed, Petitioner had been a 

# £interest, and claim in and to that property: 

### H-l. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession ofthe husband or subject to his sole control. 

### H-2. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control, 

### H-3. All sums ofcash in the possession ofthe husband or subject to his sole control, 

### including funds on deposit, together with accrued but unpaid interest, in banlcs, savings institutions, or other financial institutions, which accounts stand in the husband's sole name or 

### from which the husband has the sole right to withdraw funds or which are subject to the husband's sole control. 

### H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or 

### otherwise, together with all increases thereof, the proceeds therefrom, and any other rights 

### related to any profit-sharing plan, retirement plan, Keogh^.aa>^ension_Tjlan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses,, disability plan, or 

# 1/ ~~~^X~ do NOIT CL&j^k^JrA otherbenefits existing by reason ofthe busband's past, present. 

## // 

# ent,orfutureemploymeMJ_A^^^f^t H-5. All individual retirement accounts, simplified employee pensions, annuities, and';P- J variable annuity life insurance benefits in the husband's name. 

### H-6. The 1999 Subaru motor vehicle, together with all prepaid insurance, keys, and 

# titledocuments. '~fU&- ^f)}-^ HfjftK ^C^^do^Hh^ m0rv*H, K'S ^r^M ir«j| SA?d PropertytoWife ^ Cfc m R II-HLfl -Pv-Kvof L- ' ' IT IS ORDERED AND DECREED that the wife, MARY ANN CASTRO, is awarded the
I 

### following as hersoleandseparate property, and thehusband is divested of allright,title, interest, and claim in and to that property:

## samedate, butsignedon Oe~h>w* ^,<2-g-<ttAPPROVED AS TO FORM ONLY 

### Joseph P. Appelt, P.C. Attorney at Law 

### 5825 Callaghan Rd. Ste. 104 San Antonio, TX 78228 

### Tel: (210) 375-1212 Fax:(210)375-1213

By:. 

### Attorney for Respondent State Bar No. 6580*73^ 

### APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTAN* 

# ^ Petitioner 

### Respondent

13

### ----^5r5-c=g Doc#6

c the



## anamountallowablebylocalpractice, mle, ororder. 14 Entered 09/0^-^1 ?n ----- ^..-J^^l^}^- '::&&0§tffiB 

## \ "
-—•—'

— s-:-r:v;^ppnt;, ;Pg 2of5 "lllilH! 

# TO31,2012,MANUELGUADALUPECA*t^.
- . _^ J^K^;/ 3^^.MARVK_^ ^ ^ 4- On March 07 "?006 Vf<mn»t r r- . r 

# -006, ManudG. CastroJrexecutedanAdjustableRateNotef^-,. ... . principalamountofSI91 Kfi nn „„. l. " ~'" : =— 

# 1,-30.00,payableroAcorderofWellsFargoBant,NA. Concurrently win, 4c executionofthe Note Manor,! r r , wife executed aD,H fT "" **"* CM°' H"sb»° »= 

# a

D.dofTTM^ .fc„0„^ rea,pmw^^b ^ 

# ^-——^ey,^^,,,^ '" ;— ^Deed„frTMslerajttalraoodjefropeffyfanWasfoiw ^'^

Also lcnownas; 1501 OLIVE STREET 

### JOURDANTON, TX 78026 

# T.IW *„d»,yrecorded*ATASCOSACountyDeedReeord, «• Dcb,0'*S«<''l-*eeurrat„TMrof„cord(>f[|ie 

# P'ovidesfordirectongo^payTM ^' **-" ^ '3 ^ 1- Debtor is in drfju,t on fte ob%ata, „ 

# -»-d^do^PMBfte_of4e_d_dN7
- * »*

— 8. AsofAngus,2„,20,4,ft.samsoffbe^.^ .__^ 

# -^fcrNovcntber20npos,^ ^^ ^ ^ ^ 

# "^«^ -^P^M,ced_d^BMovmton

Nfflte'is S??n »07 7-1 ^ 5f025169 

### UNITED STATES BANKRUPTCY COURT festerm mmn w e^as 

### Bankruptcy Case No.: 12-52696-cag Chapter No.: 13 

### Judge: Craig A. Gargotta IN RE: Masieel Gmadialiiiipe Castro, Jr., Debtor(s)

NOTICE OF HEARING
PLEASE TAKE NOTICE that a hearing will be held at S.A. Courtroom 3, Hipolito F. Garcia Fed Bide &. Courthouse, 615 E. Houston St., San Antonio. TX 78205
on 9/29/14 at ©9:00 AM 

### Hearing loConsider andAct Upon theFollowing: (Related DocumenU.s): 63 Motion forRelieffrom StayAnd 

### Against Co-Debtor (1501 Olive Street, jourdanton, TX78026)(14 Day Objection Language) (FilingFee: $ 176.00) filed by Angela K. Randermann for Creditor BSI FinancialServices, as Servicer for Wells Fargo Banlc, N.A. (Attachments:# 1 Affidavit # 2 Exhibit))Hearing Scheduled For 9/29/2014 at 09:00 AM at SA Courtroom 3 (Esquivel, Maria)

Dated: 9/5/14

n 

# ZlO-hHll' Yvette M. Taylor Clerk. U. S. Bankruptcy Court 

# C?2?ro (Hearing Nottac (Bit)] [NichrgBKap]

74905025194013

# ^ f X K i b 1 ^

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE: § CASE NO.: 12-52696G § MANUEL GUADALUPE CASTRO JR. ' § § Debtor §
TRUSTEE'S AMENDED OBJECTION TO MOTION TO LIFT STAY TO PROCEED WITH DIVORCE AND REQUEST FOR HEARING TO THE HONORABLE JUDGE OF SAID COURT: Now comes, Mary K. Viegelahn, Chapter 13 trustee and files this, her Chapter 13 Trustee's Amended Objection to the above-referenced Motion. The Chapter 13 Trustee does not approve the afore-mentioned motion for the following reasons: TheTrustee opposes the Motion to Lift Stay to proceed-wi&-Divnrf-.r. file.H July 16, 2014 by Malaise Law Firrji nn Maryann Castro's behalf. The Debtor and Maryann Castro have previously entered into an 

### agreement for final divorce-oTTOctober 20, 2013. Both Debtor and Ms. Castro were represented by counsel and signed the agreement. The Trustee asserts the parties cannot re-litigate the terms of the agreement including the terms ofthe property settlement. WHEREFORE, the Trustee requests the Court deny the motion for the reasons stated above and set it for hearing on the next available hearing date. The Trustee further asks the Court for any other relief to which she may be entitled. Dated: July 29, 2014 Respectfully submitted, /s/Jessica L. Hanzlik JESSICA L. HANZLIK TSBN: 24055661 STAFF ATTORNEY FOR THE CHAPTER 13 TRUSTEE jhanzliktgjsach13.com 1050 Heritage Blvd, Ste. 201 San Antonio, TX. 78216 (210)824-1460 fax: (210)824-1328

### 12-52696-cag Doc#63-2 Filed 09/04/14 Entered 09/04/14 20:37:39 Exhibit Pg 1 of 2

IN RE: ra c 

# MANUELGUADALUPECASTRO,JR. * CHAPTER13 DEBTOR J 8 

# BSIFINANCIALSERVICES,AS SERVICER § FORWELLS FARGO BANK, N.A. ITS S 

# SUCCESSORSANDASSIGNS | 

# MOVANT .| VS s 

# MANUELGUADALUPECASTRO,JR., | 

# D^TOR,MARYCASTRO,CO-DEBTOR § AND MARY K. VIEGELAHN,TRUSTEE RESPONDENTS 

### INTHE UNITED STATES BANKRUPTCY COURT FORTHEWESTERN DISTRICT OFTEXAS SAN ANTONIODIVISION 

## § CASEN0.12-52696-CAG-13



# ^ c, beforetbeCourtfotcon—tneMoUonfotMeffront

— Sta,ofAc,Against 

# properlyflled„BSIrl„sEkvICES,As .»»« wbLLsFAEoo^ N. rrs 

# Jcc.SSOKS«.— « , *—edp——«- - -- -

## Your New Benefit Amount

BENEHCLARY'S NAME: MARYANN CASTRO 

### Ervisz. Yss ess -sss this IsCtErsissB t&s S8€<iprosCc*fvo-sr j>6B£I1t amotnitto reccr»~c rooo_ 

### rent, or energy assistance; bankloans; or for other business. Keep this letter with your important financial records. How Much Will I Get And When? 

### •Yc-r :r.:c±h in: zzzx j"before deductions) is
• Tie im:ir: t e ieiuet for Medicare medical insurance is



### 'If: "_ csj -:: i_% e Medicare as ofNov..20,.2014, . . _ 

### «vi~ ,c r-r,:^e e.se pays your premium, we show $0.00.) . • T\e _-jlzl: -. e deduct for your Medicare prescription drug plan is :-"
- -_ Hi -o: elect withholding as ofNov; 1. 2014.. we show SO.00.) "Trizzz: Mm we deduct for voluntary Federal tax withholding is 

### Zz~; z^-zli not elect voluntary tax withholding as of 

## V-" :.\ 2014, we show S0.00.)
• .-.fier Vv e take any other deductions, you will receive

on or about Jan. 2, 2015. 

### •If you .disagree with any ofthese amounts, you must write to us within 60 days from the date yo« receive this letter. We would be happy to review the amounts. 

### Yeamayreceive your benefits through directdeposit, a DirectExpress® card, or anElectronic ~~-"~e- Accent. If>ou still receive a paper check and want to switch to an electronic rr-rer. z-"=^e s-lsz- tie Depirtnent -z-ftie Treasury s Go Direct website at www.godirectorg. Sl.148.90.

S104.90.

. 'S0:00,
so.oo. $864.00



# Vi^eafsDay;itisbesttoallatother^J^^^^WUS. _caU or visit's^ i^"^^^?^5^^~ v_ Z3i "—-- '-—RECEIPT FOR YOUR CLAIM FOR SUPPLEMENTAL SECURITY INCOME RECEIPT DATE: March 22, 2 001 MARYANN CASTRO \ *£?• / 458-43-5895 

# If you have a question or something to-report call ^°) 5j3JSb_^&For general information about Social Security, visit our web site at www.ssa.gov on the Internet. 

### You may visit or write to the Social Security Office at: 

# ( fr\(L Cvenn£<m "> . ^ SOCIAL SECURITY \ (pi ^— ' ^\h 

## ROOM 101 NJ v 4100 S NEW BRAUNFELS - A^tj^ SAN ANTONIO TX 78223 /^>.a, /A \ \ VL 

# \f/c/(j/ / \\ We will process your application for Supplemental Security Income as quickly as 

### possible. You should hear from us within J2& days. If you do not hear from us by then, please get in touch with us. 

### We will let you know if we need more information to decide if you are eligible for SSI payments. In the meantime, if you move or change your mailing address, you--or someone for you-- should report the change to the office shown above.. Also, you (or someone for you) must let us know if you are admitted to a 

### hospital or other medical facility. You could lose some SSI payments if you do not let us know right away. 

### Always give your Social Security number when writing or telephoning about your claim. If you have any questions about your claim, we will be glad to help you. MARYANN CASTRO 919 SUTTON APT 22 SAN ANTONIO, TX 7 8228

# H James E. Dickson Jr., M.D. Diplomate American Board of Psychiatry and Neurology 14815 San Pedro Ave. < San Antonio, Texas 78232



### Phone: (210)494-1991

Fax: (210)494-7575 January 31, 2013

To Whom It May Concern: 

### This is to confirm that Mary Ann Castro has been a patient of mine beginning with her initial evaluation with me on 3/2/01. She has past psychiatric diagnoses of IViajor Depression, and Panic Disorder. In addition she also exhibited some symptoms consistent with Attention Deficit Disorder. She was last seen by me on 12/21/11. Sincerely, 

# o James Dickson Jr., M.D.

### February 25,2013

ToWhom It R/iay Concern, ROSA VERDE TOWERS 343 WEST HOUSTON, SUITE 7 10

SAN ANTONIO, TEXAS 78205

Telephone (21 o) 225-4251 Fax (210) 225-4254

?E: Mary Ann Castro 30B: 9-23-65 

### This is toinform you thatMs. Castro is under my professional care. 

## She has amood disorderand has adiagnosis ofBipolarAffective Disorder, Mixed. She has problems coping with her stressors. 

### Ifyou have any further inquiries please referthem tomy office. Verytruly yours,
Srlinda E. Behfis> M.D., FAADEP
EEB: rare

# (YVsJy-•ess* Pagel ofl 

# ^vfct-Y^

bttDs://maf1.anncr! ^ r*r\m / /«-»-./-_

### ivid Soward Sheriff 

### Al 

# 'ASCOSA COUNTY SHERIFF'S OFFICE 1108 Campbell Ave. Jourdanton, Texas 7802S 

## Office-{830) 763-3434 

## Fax-(830) 769-2721 atascosa.county.sheriff@acso-tx.org

s% 

## IMINAL TRESPASS WARN! "Corri'pFainafri/Fropervj Gvvner: %gy A^l^l CAsfiLa 

## Regarding Case # f?^HlH Dated Jil^lMi te Atascosa County Sheriff's Department has been requested 

# bythe above named compfamantto'act with the authority in the following: Texas Penal Code Section 30.05-Crfminal Trespass 

# (a) A personcommitsanoffenseifthepersonentersorremainsonorinpropertyofanother, includingresidential land, agncultural land, a recreationalvehiclepark, a building, oran aircraftorothervehicle, withouttheeffectiveconsentandthe person: (1) Had notice that the entry was forbidden; or 

### (2) Received notice to depart butfailed todo so. 

## •his written orderis hereby servedto the below individual, imparting immediate, effective notice that 

# ntranceontothepropertytowit;_il6]_Al^j_^ l^d^m^ IV TO*^

_ 

# I fThe^.L^pmpe^^ ^^ ^^^sted LcosaCountySheriffsOfficein personandinwriting, askingthattheCriminalTrespass Noticebelifted. Anyentranceontotheabovehsted 

# "I; w,„constitutea violationofthelaw. A Vo.at.onoftheTexasCrimina,TrespassstatuemaybesubjectforTM,na, prosecuteunder exasLaw, punishablyconfinementinjailfor a termnottoexceedone(1)yearand/ora fine nottoexceed$4,000.00. 

# -,/1f fffJ\Pnn acknowledgethatI havereceived,read,andunderstandtheabovewrittenCriminal
' I Ail 

## re'spass Warning, and that Ihave received acopy ofthe same ft



## ^putfs Signature / 

## 1'V t&W Date 

# 11/ i in Atascosa County isforbidden.



# ame ofPerson Warned Date ofBirth Signature Date

## K=l? Kit'.fi

' &#• ST-M^j^* -•si ^

l.>. *A •toftSfifea^;*!"..^^aV „'JW .','^V. 

### »«*W "S^fttfas'1*4"

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## hr-ix j 

# h: -K£MJrJPG 

### Page 1 of 1

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