Mary Ann Castro v. Manuel Castro ( 2015 )


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  •                                         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 a 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 a 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. A judge will not sign an agreement knowing stay lift motion not filed nor lifted. A bank
    will not refinance when in active bankruptcy and Mortgage payments are not being made. This
    agreement should be voided because of this violation a copy was entered not original.
    b)   Counsel Joseph Appelt accepted a 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 a realtors opinion is not a
    valid legal appraisal document in obtaining any loan from a bank it's a certified appraisal that is
    a legal appraisal not a realtors opinion. This Agreement for final divorce should be voided
    because of this Violation it's a 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 a martial assets hidden from the Court Judge and
    Appellant Maryann Castro This agreement should be voided because of this violation it's a 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 a 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 a change of address Hickory Shadow
    Appellee Manuel Castro sister Leila Silva resides at that Residence and Appellant Maryann
    Castro there is a 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 a 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 a 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 a conflict arising between Attorney and Client which
    prevents effective representation.
    A 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 J-^ j fy n QQQ(\ I C
    Both sides have served discovery requests to the other "^ K ,      ,                            \
    0ur-f .
    There have not been any oral depositions in this case.   / ~"p"y ,-n -,\-£ \_^    Jj \ C-
    An 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
    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
    I certify that a 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 G CASTRO
    Dooms Filed 09/0^'s =
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    JEFFREY R.DAVIS
    5710Bio WEST
    SANANTONJO
    ATTORN     i
    Y&UR OLD ADDRESS
    Mail will be forwarded for the                   MARYANN CASTRO
    following individual only:                       23302 HICKORY SHADOW
    MARYANN                                          ELMENDORFTX 78112-6172
    CASTRO
    Your mail will be forwarded to\pur
    NEW address, as you requested
    on: Sep 30,2014
    YOUR NEW ADDRESS
    If the information contained on this page is
    00000067002 MB   0.435   T:0004
    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).                                MARYANN CASTRO
    If you need to view or cancel this               PO BOX 495
    Change-of-Address Order or change the            PLEASANTON TX 78064-0495
    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.
    —A.
    Return Mail Operations
    PO Box 14411                                                                            Monthly Mortgage Statement
    DesMoines.lA 50306-3411
    Statement Oate           05/14/10
    Loan Number              0150044675
    Customer Service
    £=)    Online
    wellsfargo.com/ym
    0$ Fax                       7BT       Telephone
    •'il'ii'l'lln'l                                                                                                    (866)278-1179                (866) 234-8271
    Correspondence           Hours of Operation
    1   MB            5626/005626/005626 015 01 ACNHH2 708
    PO Box 10335             Mon-Fri,6AM-10PM
    MANUEL G CASTRO JR                                                                                                  Des Moines IA 50306      Sat. 6 AM - 2 PM
    1501 OLIVE ST
    f><\   Payments
    JOURDANTONTX 78026-2220                                                                                                                          TTY Deaf/Hard of Hearing
    PO Box 660455
    Dallas TX 75266              (800) 934-9998
    Important Messages
    Summary                                                                                                                       Important Notice! Wells Fargo Home
    .PrPEirty. Address                      .                                                       y
    PaynTenffPrincipal and/or Interest, Escrow)                $17732/7?"    1501 OLIVE STREET                                    Property Tax Lien Transfers or Property
    Optional Product(s)                                             S0.00    JOURDANTON TX 78026                                  Tax Deferrals. These programs create a lien
    Current Monthly Payment 06/01/10                           $1,732.71     Unpaid Principal Balance            S225.205.70      on your property which takes priority over your
    fContact Customer Service tor your payoff balance)   mortgage. A change in lien position violates
    Overdue Payments 05/01/10                                  $1,732.71                                                          your mortgage agreement and Wells Fargo will
    Interest Rate                              6.950%
    Unpaid Late Charge(s)                                         $78.10                                                          take the necessary steps needed to ensure
    Interest Paid Year-to-Dato             $3,921 ,B2
    Other Charges                                                 $15.00                                                          the mortgage lien is not at risk.
    Taxes Paid Year-to-Dato                     S0.00
    Escrow Balance                         $1,047.08
    TOTAL PAYMENT DUE 06/01/10                                 $3,558.52
    Activity Since Your Last Statement
    Late
    Dato     Description                  Total    Principal     Interest   Escrow    Charge                              Other
    305/14   PAYMENT                   $1,732.71    $256.26    S1.305.BO    $170.65
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    MANUEL CASTRO JR,
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    COURT OF APPEALS NO. 04-14-00785-CV
    TRIAL COURT CASE NO. 2011 CI15957
    INTHEMATTER OF                                      §       mTHEmSTPT™^«£kE5iN
    THE MARRIAGE OF                                     §
    MANTIFT P 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 ofincome is her Social
    Security disability check in the amount of$788.00 per month. This is a false statement for the
    following reasons:
    a. Appellant, Mary Ann Castro, has a catering business "Catering by Mary Ann" as
    evidenced by the advertisement attached hereto as exhibit "A"
    b. Appellant has stated in court that she makes "$ 15 an hour," evidenced by her
    statement on line 15 ofpage 7 of the certified transcript attached hereto as Exhibit
    "B"
    4.         In addition, Appellee further objects to the validity ofAppellant's affidavit in that she is
    currently the owner of a 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 pfother filings indicating she does not have
    the financial resources to pay her costs or hire an attorney. Appellant has made this same
    j               assertions throughout the case at the District pourt level yet she has retained the
    following attorneys in conjunction with her case:
    I                   a. Edward Piker                                j
    b. Rebecca C. Martinez (now a Justice on the 4lh Court of Appeals)
    1
    c David Wilkerson
    d. DinoraDiaz
    e. Jamie Graham
    f. Sara Ann Lishman
    g. Steve Cennamo and
    h. Matthew Obremier
    attached hereto a, Exhibit ■ •               ™'ou,
    hire
    MatthewObremie,..-
    A    ta
    affidavit attached hereto as Exhibit «D»
    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
    COURT       OF APPEALS
    FOURTH COURT OF APPEALS DISTRICT
    ■vAULN .WY.KU.VI                                  CADEKA-REEVES JUSTICE CENTER                              KEITH E. HO1TU-
    MARIA; VK iiAKNARD
    HEBECAC. MARTINEZ
    300 DOLOROSA. SUITE So
    SAN ANTONIO, TEXAS 7S->05-3037
    CLERK OF COURT
    "ATKIClAi: ALVAREZ
    WWW.TXCOURTS.GOV/4THCOAASPX
    l.UZfL,-v\:».CHAP.A                                                                                               TELEPHONE
    • ASON ,'i l.i.jAM
    JUSTi.; f-s                                                                                                   (210)335-2635
    FACSIMILE NO
    (210)335-2762
    May 18, 2015
    Mary Ann Castro
    3501 Olive                                                       Sarah Lishman
    Jnurdanton, TX 78026                                             Jamie Graham & Associates PLLC
    Tower Life Building
    Manuel Castro                                                     310 S. St. Mary's, Suite 845       i
    PO Box 47776                                                      San Antonio, TX 78205
    San Antonio, TX 78265
    Joseph Appelt Jr.
    Joseph P Appelt PC
    5825 Callaghan Rd Ste 104
    San Antonio, TX 78228-1106
    RE:
    Court or Appeals Number:     04-14-00785-CV
    Trial Court Case Number:
    2011-CM5957
    Style: Mary Ann Castro
    v.
    Manuel Castro
    ■«                  received and fiied in ,ne
    Very truly yours,
    KEITH E. HOTTLE, CLERK
    Deputy Clerk, Ext. 53219
    cc: Dinah L. Gaines
    

Document Info

Docket Number: 04-14-00785-CV

Filed Date: 5/27/2015

Precedential Status: Precedential

Modified Date: 4/17/2021