Mary Ann Castro v. Manuel Castro

#* "> In the Fourth Court Of Appeals '• —"N' Ai-, jV .,1'.'. [.;' ?,;;' Fourth Court Of Appeals District 2015 MAY 12 PM h3U / i San Antonio Texas Bexar County // . /-, ,/ , '/ ./.* > > •' ''«- Maryann Castro Manuel Castro Re: Court Of Appeals 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 of an order granting this motion of spousal maintence. In Counsel Joseph Appelt motion to withdrawal as appellee Manuel Castro Counsel dated May 8, 2015 knowing his Appellee Brief was due April 29,2015 and did not file any,motion in delay ,withdrawal or even the Appellee Brief that was pending the outcome of this case. Appellee Joseph Appelt has abused the law, and abused Appellant Maryann Castro which is stated in her Appellant brief with 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 BY APPELLEE MANUEL CASTRO MISTRESS ARCHIE MARMEJO. C) IN THE COURT OF JUDGE SALINAS-SARAH LISHMAN COUNSEL WAS THE SEPT 29,2014 IT WAS 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 A 9* * 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 BENEFIT AMOUNT 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 in foreclosing on the home mortgage he had not made one payment and tried to collect fraud equity of 40,000. K) Appellant Maryann Castro has been harmed in the Agreement for 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 brief before 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 of fraud 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 Brief was 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. U414UU/8t FOURTH COURT OF APPE/ SAN ANTONIO, TE> 5/8/2015 5:27:28 KEITH HOT" CLE NO. 04-14-00785-CV IN THE FOURTH COURT OF APPEALS FILED IN SAN ANTONIO, TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS Q5/8/2Q15 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@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. ^ jO | -C^-S^nT^ ^ TA cqOL?^I 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 ca.se~7 j +-£ ji\ 0\QOJUj\\S> Both sides have served discovery requests to the other COur-f- - '• xh have There h nottv,been any oral,hdepositions v in• *h- this case. //tTIWU. ""T^Y; rvW" I bed 8) • i C ^_ An entry of an order granting this motion and discharging Movant as attorney of record for MANUEL G. CASTRO would not harm the other party^^) Y^^ ' ^UU 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, 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 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 MLhCOFY COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-3037 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA O. ALVAREZ (210)335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210)335-2762 May 8, 2015. Mary Ann Castro Sarah Lishman 1501 Olive Jamie Graham & Associates, PLLC Jourdanton, TX 78026 Tower Life Building 310 S. St. Mary's, Suite 845 Manuel Castro San Antonio, TX 78205 PO Box 47776 San Antonio, TX 78265 Joseph Appelt Jr. Joseph P Appelt PC 5825 Callaghan Rd Ste 104 San Antonio, TX 78228-1106 RE: Court of Appeals Number: 04-14-00785-CV Trial Court Case Number: 2011-CI-15957 Style: Mary Ann Castro v. Manuel Castro The Appellee's Notice of Motion to Withdraw Counsel has this date been received and filed in the above styled and numbered cause. Very truly yours, KEITH E. HOTTLE, CLERK Lhz Estrada Deputy Clerk, Ext. 53219 cc: Dinah L. Gaines JriLJt CU1JY COURT OF APPEALS SANDEE BRYAN MARION FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 MARIALYN BARNARD SAN ANTONIO, TEXAS 78205-303 7 REBECA C. MARTINEZ WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE PATRICIA 0. ALVAREZ (210)335-2635 LUZ ELENA D. CHAPA JASON PULLIAM FACSIMILE NO. JUSTICES (210)335-2762 May 5, 2015 Joseph Appelt Jr. Joseph P Appelt PC 5825 Callaghan Rd Ste 104 San Antonio, TX 78228-1106 * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-14-00785-CV Trial Court Case Number: 2011-CI-15957 Style: Mary Ann Castro v. Manuel Castro Mr. Appelt Jr., our records show you are the attorney for the appellee. This is to notify you that appellee's brief was 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. If you intend for your response to serve as a motion for extension of time, it must comply with Rule 10.5 of the Texas Rules of Appellate Procedure and the Fourth Court of Appeals' local rules. If we do not receive an adequate response from you within ten days of the date of this letter, we will set the appeal "at issue," and it will be set for submission without an appellee's brief. Very truly yours, KEITH E. HOTTLE, CLERK Lhz Estrada Deputy Clerk, Ext. 53219 cc: Mary Ann Castro 10/09/2014 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 behalf of 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 and reinstatement 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 '\ Other Fees: / /. $3,395.00 Unapplied Balance: y \ ($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 other fees, escrow advances or corporate advances that BSI paid on your behalf or 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 our customers. You may be eligible for a loan workout plan or other similar 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 pm EST, 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 nalysis 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 THIS IS A BROKER PRICE OPINION OR COMPARATIVE MARKET ANALYSIS ANDSHOULDNOT BE CONSIDERED AN APPRAISAL. In making any decision thatrelies uponmy work, youshouldknow thatI have not followed the guidelines fordevelopment of an appraisal or analysiscontained in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. Prepared By: Archie Marmolejo All Season Realty Seller's Statement Property At: Prepared For:Manuel Castro 1501 Olive Jourdantonr TX 78026 Suggested Marketing Price: $351,375 fl5 B "On or about December 1, 2013, I learned that-Afgeetmar-Marmolejo was a friend of Manuel Castro's lover, and therefore became suspicious of the 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 of the 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 of mortgage 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 $60,000.00. Mary Ann Casiro Cast SIGNED under oath before me on l\j %\Q.")T J 11, ZO^ V r'J f/via- rgO ( jjl Q^oriSls Notarypublic, State ofTexas ^ r \ /$•:.'.%•.. GINA GINA !S. VILUGOME2 /"v-.:V-.'"i Notary Pu blic. State of Ttxss U-.^.-'-J Myy Corr commission Expires ^ii$* February 27, 2017 ij^ Affidavit ofMary Ann Castro Page 2 B Affidavit of Mary 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 ofMary Ann 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 IN THE DISTRICT COURT THE MARRIAGE OF 4 MANUEL G. CASTRO 5 BEXAR. COUNTY, TEXAS AND 6 MARY ANN CASTRO 45TH JUDICIAL DISTRICT 7 8 9 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, TEXAS z. 1 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 J 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 1 (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, TEXAS 1 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, TEXAS 1 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, TEXAS 1 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, TEXAS 1 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, TEXAS 1U 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, TEXAS Zl 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, TEXAS V.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, TEXAS Z3 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, TEXAS Z4 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, TEXAS Z5 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, TEXAS Zb 1 day from your recollection or not — I guess — the term 2 "put on proof" refers to putting it on the record; is 3 that correct? 4 A. Not necessarily. 5 Q. Do you remember on that day if the specific 6 items on this agreement for final divorce were discussed 7 with Judge Canales prior to him signing this agreement? 8 A. What do you mean by "discussed"? 9 Q. Well, you testified that you established the 10 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, TEXAS ADUftNTAGE MORTGAGE Fax:2103770960 'Jar 7 ^UUb 1b:\i2 \j D APPRAISAL OF REAL PROPERTY LOCATED AT: i 8165 FM 2146 S.45'Acres. J. PoHvent Survey *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 forWindows' appraisal software bya lamoils, inc. — 1-800-AUMODE ADUANTAGE MORTGAGE Fa;!:2103770SBO Mar / 2UUB 1b:U3 C. U« u o Castro, Manuel Uniform Residential Appraisal Report F1e# 8306 . 1 — thesubject neighborhood ranging in price from S 225 OOO 255.000 comparable sales mthe iubject neighborhood within The past twelve months ranolnn in .gate nrinp frnm t ™ ™„ SUBJECT C/lRflPAPAPIC^AI r^-t I /»,.r..„.L, j-e-utkw 240,000 did not research the sale nr transfer history of the subject property and comparable sales. If not explain Myiresearch Q did g| did not reveal any prj ir sales ortransfeft ofthe subject property (or the three years phot tc the effective date oftlils appRisiT San Antonio MLS Mvriearch r~] did [gj did notrevea! any pi? ir sales ortransfers of the comparable sales for the year prior1athe date of sale ol the comparable sale. j Oalafourcefc) San Antonio MLS of the research and analysis of jm pdor sale ortransfer history of Hie subject property and comparable sales (rami amnnnnal prior sales on page 3) SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #g COMPARABLE SALE #3 1 PriorSale/Trai)$fer See Coir menta e of PriorSala/Transfer None None PaBSourcels) Effecdye Dale of Data SoureejsJ Amtyg -Ipriorsaleortransfer history of lite street propertyand comparable sales month period. Trie sale3 ubbcj in this The subjectis under construction and has not transferred in the nestas naisal havenottransferred inthe 12 months prior to the above notedtransaction. _[_ I Sumrrfary of Sales Comparison Approach Eqifral emphasis was oh/an all sales. Sate <\ was superior In acresae and metal work shon, Uwa5 inferior in aae | and fang area. Sale 2was inferior in aoi eaae andage, butsuperior inbaths. IMna area,oarageandswimming pool. Sale3 wasaqualIn sitesite, I but tiaferior invalue because Itwas located h out inthe county. Itwas superior inpaths,living area and parage, nwas naraaeBBry to use sales that closed over 6 monBis agoandtogoovt r6 miles for comparable salesdue to-the low density ofdevelopment In thesubject's market araaend the need for home sales on acreage tracts. The subject isconsidered a "mini ranch* and thss'e types ofresidential properties arebecoming increasingly ipopUarJntha market tMealed Value bySales Comparison Approach S lnditj»tlValiieby:SalesComparisaiiApproaHi$ 225,000 CostApproach (« de\retoped) $ 228.790 Income Approach (Ifdeveloped) $ WA Greatest emphasis was given the market data approach, because it best reflects the actions of buyers and sellers in the marketplace. The cost approach alsosupports thavalue. The irtcome approach was not usedduetoinsufficient rental datanecessary todevelop an indication ofvalue. !This abpialsal ismade • "as is", ^ subjec toooitipMoii per plans and specifications on the basis ofa hypothetical condition that the improvements have been jcompeted, D subject to the following repairs ir alterations on'the basis of ahypothetical condJiDn that the repairs or alterations have bBen completed, or • subjectto the 1following required inspection based on the exiraofdlnary assumption that the condition ordeficiency does not require alteration or repair: None |Based on a complete visual Inspection of thee interior interior and and exterior exterior areas of the subject props] areas ofthesubject property, defined scope ofwork, statement ofassumptions and limiting Icondfflons, andappraiser's certification, my (our) '—•* opinion —'-'•—''" J -' value, asdefined, ofthe maiket •....r...r.. of(ha real properly that Isthe subject ofthis report Is 1$ .225,000 ,asof December 119, 2005 . which it the dale of inspection and the effective date of this appraisal. Freddie Mac Form 70 March 20Q5 Page 2 of 6 Fannie Mae Form1004 March2005 Form IOM—TOTAL for Windows" appraisal software by a lamode, inc.—1-8D0-ALAMODE \ NO. 2011 CI 15957 \\T I c\- SLJtm?. MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF MANUEL G. CASTRO 45TH JUDICIAL DISTRI' MARY ANN CASTRi § 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 of record, JOSEPH P. APPELT, and announced ready for trial. Respondent, MARY ANN CASTRO, appeared in person and through attorney ofrecord, DINORAH M. DIAZ, and announced ready for trial. Third party Respondent, TINA PACHECO, appeared in person and announced ready for trial. C^vnm'd-exl 4-v^uM On -f ir-ii . Record (^ Ljt4~S 5 C>; The making of a record ot testimony was waived by the parties with the consent of the Court. . A1 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, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have I 4* elapsed since the date thesuit was filed, Co rr^-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 of the 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 of cash in the possession of the 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 ent, orfuture employmeMJ_A^ ^^f^t other benefits existing by reason of the busband's past, present. 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. '~f U&- ^f)}-^ HfjftK ^C^^do^Hh^ m0rv*H, K'S ^r^M ir«j| SA?d Property to Wife ^ Cfc m R II-HL fl -Pv-Kvof L- ' ' IT IS ORDERED AND DECREED that the wife, MARY ANN CASTRO, is awarded the I following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property: same date, but signed on Oe~h>w* ^,<2-g-f[|ie P'ovidesfordirectongo^pay™ ^' **-" ^ '3 ^ 1- Debtor is in drfju,t on fte ob%ata, „ -»-d^do^PMBfte_of4e_d_dN7 - * »* — 8. As ofAngus, 2„, 20,4, ft. sams offbe ^.^ . __ ^ -^fcrNovcntber 20n pos, ^ ^ ^ ^ ^ ^ "^«^ -^P^M,ced_d^BMovmton c the Nfflte'is S??n »07 7-1 ^ an amount allowable by local practice, mle, or order. 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 lo Consider and Act Upon the Following: (Related DocumenU.s): 63 Motion for Relieffrom StayAnd Against Co-Debtor (1501 Olive Street, jourdanton, TX 78026)(14 Day Objection Language) (Filing Fee: $ 176.00 ) filed by Angela K. Randermann for Creditor BSI Financial Services, 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 Yvette M. Taylor Clerk. U. S. Bankruptcy Court n ZlO-hHll' (Hearing Nottac (Bit)] [NichrgBKap] C?2?ro 025169 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: The Trustee 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 of the 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 THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § CASEN0.12-52696-CAG-13 IN RE: ra c MANUEL GUADALUPE CASTRO, JR. * CHAPTER 13 DEBTOR J 8 BSI FINANCIAL SERVICES, AS SERVICER § FOR WELLS FARGO BANK, N.A. ITS S SUCCESSORS AND ASSIGNS | MOVANT .| VS MANUEL GUADALUPE CASTRO, JR., |s D^TOR, MARY CASTRO, CO-DEBTOR § AND MARY K. VIEGELAHN, TRUSTEE RESPONDENTS ^ c, before tbe Court fot con— tne MoUon fot Mef front — Sta, of Ac, Against properly fl ed „BSI rl„ sEkvICES, As .»»« wbLLs FAEoo ^ N. rrs Jcc.SSOKS «.— « , *—ed p— —«- - - - - Your New Benefit Amount BENEHCLARY'S NAME: MARYANN CASTRO Ervisz. Yss ess -sss this IsCtEr sissB t&s S8€6B£I1t amotnit to reccr»~c rooo_ rent, or energy assistance; bank loans; 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 Sl.148.90. • Tie im:ir: t e ieiuet for Medicare medical insurance is S104.90. 'If: "_ csj -:: i_% e Medicare as of Nov..20,.2014, . . _ «v i~ ,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 . 'S0:00, :-" - -_ Hi -o: elect withholding as of Nov; 1. 2014.. we show SO.00.) "Trizzz: Mm we deduct for voluntary Federal tax withholding is so.oo. 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 $864.00 on or about Jan. 2, 2015. •If you .disagree with any of these amounts, you must write to us within 60 days from the date yo« receive this letter. We would be happy to review the amounts. Yea may receive your benefits through direct deposit, a Direct Express® card, or an Electronic ~~-"~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-f tie Treasury s Go Direct website at www.godirectorg. Vi^eafsDay; itis besttoall atother^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 \ *£?• / XXX-XX-XXXX 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: SOCIAL SECURITY ( \ fr\(L Cvenn (pi £ . ^ ^\h ROOM 101 NJ v 4100 S NEW BRAUNFELS - A^tj^ SAN ANTONIO TX 78223 /^>.a, /A \ \ VL We will process \f/c/(j/ / 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. ROSA VERDE TOWERS 343 WEST HOUSTON, SUITE 7 10 SAN ANTONIO, TEXAS 78205 Telephone (21 o) 225-4251 Fax (210) 225-4254 February 25,2013 To Whom It R/iay Concern, ?E: Mary Ann Castro 30B: 9-23-65 This is to inform you thatMs. Castro is under my professional care. She has amood disorder and has a diagnosis of Bipolar Affective Disorder, Mixed. She has problems coping with her stressors. If you have any further inquiries please refer them to my office. Very truly yours, Srlinda E. Behfis> M.D., FAADEP EEB: rare (YVsJy-•ess* Pagel ofl ^vfct-Y^ bttDs://maf1.anncr! ^ r*r\m / /«-»-./-_ 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 ivid Soward Sheriff s% IMINAL TRESPASS WARN! "Corri'p Fa ina fri/Fro pervj Gvv ne r: %gy A^l^l CAsfiLa te Atascosa County Sheriff's Department Regarding Case # f?^HlH Dated Jil^lMi has been requested by the above named compfamant to'act with the authority in the following: Texas Penal Code Section 30.05-Crfminal Trespass (a) Aperson commits an offense ifthe person enters or remains on or in property of another, including residential land, agncultural land, arecreational vehicle park, abuilding, or an aircraft or other vehicle, without the effective consent and the person: (1) Had notice that the entry was forbidden; or (2) Received notice to depart butfailed to do so. •his written order is hereby served to the below individual, imparting immediate, effective notice that in Atascosa County is forbidden. ntrance onto the property to wit; _il6]_Al^j_^ l^d^m^ IV TO*^ _ ILcosa County fThe ^.L^pmpe^^ Sheriffs Office in person and in writing, asking that the Criminal Trespass Notice be lifted. ^^^^^sted Any entrance onto the above hsted "I; w,„ constitute aviolation of the law. AVo.at.on ofthe Texas Crimina, Trespass statue may be subject for™,na, prosecute under exas Law, punishably confinement in jail for aterm not to exceed one (1) year and/or afine not to exceed $4,000.00. ' I Ail -,/1f fffJ\Pnn acknowledge that Ihave received, read, and understand the above written Criminal re'spass Warning, and that Ihave received acopy of the same i ft 11/ ame of Person Warned Date of Birth Signature Date 1'V t&W ^putfs Signature Date / K=l? Kit'.fi ' &#• ST-M^j^* -•si ^ l.>. *A•toft Sfifea^;*!"..^ ^aV „' JW .','^V. »«*W "S^fttfas' 1*4" j- fe hr-ix j h: -K£ 11 ***• fts»ii Air. MJrJPG Page 1 of 1 hffn<:-//m«iil nns\^~ / ;