November 10, 2015
No. 03-15-00400-CV
No. 03-15-00399-CV
IN THE COURT OF APPEALS
FOR THE
THIRD SUPREME JUDICIAL DISTRICT OF TEXAS
AT AUSTIN
BRIAN DIERSCHKE AND MARVIN DIERSCHKE
APPELLANT
V.
CHERYL LYNN DIERSCHKE, DANA JOY DIERSCHKE
AND GRANT STEVEN DIERSCHKE
APPELLEE
BRIEF OF APPELLANT
************
(Appealed from the 340th District Court
of Tom Green County, Texas)
*************
James David Walker Brian W. Dierschke
Attorney for Appellees and Marvin Dierschke
P. O. Box 41 /"RECEIVED \ Pro Se for Appellants
Milano, Texas 76556 8494 Hawk Ave
SBOT 20706000 OCT 2 9 2015 San Angelo, Tx 76904
512-636-9520 THIRD COURT OPAPPEAR 325-651-9296
\ JEFFREY D KY: E •-
INDENTITY OF PARTIES AND COUNSEL
Pursuant to Texas Rule of Appellate Procedure 38.1(a), appellant presents the
following list of all parties and names and addresses of its counsel:
APPELLANT/PLAINTIFF: COUNSEL:
Brian Dierschke and Marvin Dierschke Brian Dierschke and
Marvin Dierschke
ProSe
8494 Hawk Ave
San Angelo, Tx 76904
325-651-9296
Respondent
COURT OF APPEALS
Third District of Texas
P.O. Box 12547
Austin, Texas 78711-2547
APPELLEE/DEFENDANT
Cheryl Lynn Dierschke, James David Walker
Dana Joy Dierschke Nezwek, Attorney for Appellees,
and Grant Steven Dierschke P. O. Box 41
Milano, Tx 76556
SBOT 20706000
512-636-9520
TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL 1
TABLE OF CONTENTS 2
TABLE OF AUTHORITIES 3
STATEMENT OF THE CASE 4
STATEMENT OF FACTS 5
STATEMENT REGUARDING ORAL ARGUMENTS 8
ISSUES PRESENTED 8
SUMMARY OF THE ARGUMENT 8
ARGUMENT 9
PRAYER 12
APPENDIX 13
TABLE OF AUTHORITIES
STATUES
TEXAS PENAL CODE Pages
Section 32.21 Forgery 8,
Section 32.46 Securing Execution of Document by Deception 9,11
Section 37.02 Perjury 10
Section37.03 Aggravated Perjury 10
TEXAS ESTATES CODE
Section 1151.001 Rights and Powers Retained by Ward 8,11
Section 1101.101 Findings and Proof Required 11
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TO THE HONORABLE COURT OF APPEALS FOR THE THIRD SUPREME
JUDICIAL DISTRICT OF TEXAS
Appellant, MARVIN DIERSCHKE AND BRIAN DIERSCHKE, respectfullyjjubmits
this Appellants Brief in appeal of the judgment rendered against them and in favor of
CHERYL LYNN DIERSCHKE, DANA JOY DIERSCHKE NEZWEK, AND GRANT
STEVEN DIERSCHKE hereinafterreferred to as "Grant'V'Dana", and "Cheryl". This is
anappeal from the 340th Judicial District Court ofTom Green County Texas, Honorable
Jay Weatherbee and the Honorable R. L. Blannpresiding. For cause,Appellantwould
show cause on the court as follows:
STATEMENT OF CASE
Grant made his own deed in 2003 without an attorney listed. Grant filed this deed in
the Tom Green County Courthouse and proceeded to change ownership in the Farm
Service Agency Office hereinafter referred to as "fsa". This is the same ownership in
Grants deed and the Deed without Warranty filed in 2009. The fsa office balked at
changing the ownership interest leaving Marvin as 100 percent owner. Marvin had
bought the property from the trust in July 8,1981 in Volume 730 Page 123-129 in the
Tom Green County Deed Records and thedeed was listed as Marvin Dierschke, trustee
leaving everything vague.
On March 30,2009 Carmelita Schwertner Dierschke died. In July 2009, another Deed
without Warranty was prepared by Hampton Beesley and Connie Powell from the trust
department at Wells Fargo. It went to the fsa to change ownership and again the fsa
balked at changingownership. Bothtimesthe deeds went offto the Officeof General
Counsel. This time however the government suspended payments but kept Marvin
signing up anyway. The fsa said that the ownership interest were indispute and when
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everyone agreed onthe interests. They would pay what wasowed from 2009 forward
since Marvin had signed up each year. a
This case is about real estate fraud, bank fraud, forgery and fraud on the court. The
Trust department only owned this land for one month from June 8,1981 to July 8,1981
thus that is how the Deed Without Warranty was created in July 2009.
STATEMENT OF FACTS
Carmelita Schwertner and Marvin Dierschke were married in April, 1962. Carmelita
developed paranoid schizophrenia in 1965 with mental breakdowns in 1965,1969,1974,
1976 and almost continuously after thatpoint. Her uncle, Gregory Schwertner hadbeen
institutionalized for the last 40 years of his life so mental illness had runin their family.
Marvin and Carmelita bought a 225 acre tract on Aug 16,1968 in Volume 291 Page
404 of the deed records. There was a Deedof Trust put on the land with George Finley
as the trustee. Otto and Annie Dierschke (parents of Marvin) bought a 283 acre tracton
Jan. 23 1974. There is a Deed ofTrust put on the land with Phil Lane as the trustee.
Three days later onJan. 26,1974, Otto and Annie sell the land with the Deed of Trust on
it to Marvin and Carmelita. The property is paid off and a release oflienis filed on Dec.
5,1977.
Otto Dierschkedies on Nov. 5,1978. James Carter is hiredto probate the estateof
Otto Dierschke. James Carter talks Marvin Dierschke into putting his putting his
mentally illwife's property inatrust Carmelita files for divorce in 1979. She goes into
anursing home permanently on Aug 1st 1979 for the rest ofher life until March 30th
2009. A guardianship is put in place for her byher sibling and parents for fear they will
•5-
lose part of their estate to long term health care in the long term. It was signed by a
Judge Ed Keyes on Dec 4, 1980. Marvin Dierschke resigns from the Carmelita
Schwertner Dierschke Trust(Ex 3) on June 8,1981 with a sales contract dated June
8,1981 selling it back to Marvin Dierschke, trustee. The Decree of Divorce (Ex 6) was
signed on June 30,1981. John Earnest Schwartz who is the guardian ofCarmelita signs
the conservatorship on June 16,1981. The divorce estateof Carmelita is looted when
Marvin resigns from the trust onJune 8,1981. This is all orchestrated by James Carter
and Gerald Ratliff. The property from the trust is listed inthe conservatorship as her
property. The Decree of Divorce (Ex 6) is signed on June 30,1981. Marvin marries
Janis Plaster in Feb, 1982. They buy a 126 acre farm together in 1983.
Marvin gets all the property deeded to him by the trust department onJuly 8,1981.
This was the only time the trust department theoretically owned this property. The Bank
makes aDeed of Trust onall property(trust or not) on Jan 20,1983 inVol 495 Page 240.
In Jan 1984, there is as release of lien filed on the 225 acre tract where George Finley is
the trustee. On April 19,1985, Marvin Dierschke, trustee trades 43.36 % interest of 283
acre tract for his individual 135 acre tract. A judge Curt Steib signs. John Sutton, James
Carter, and Steve Holt handle this transaction. On July 2,1985, Lester Ocker gives a
Release of Lien(Vol 836 Page 50) from aWarranty Deed withVendor's Liendated Feb
23,1970 filed inthe Tom Green County Deed records Vol 551 Page 232.
Grant, Cheryl and Dana file suit against Brian, Marvin, Janis and Christy. They hire
Larry Bale who isin the same law firm with John Hay Jr., Charles Wittenburg and
Cynthia Caldwell. Three ofthetwelve that were in the law firm that handled thedivorce
in 1981 from James Carter's firm. Larry Bale's brother-in-law's parents were owners of
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the 225 acre tract that sold to Marvin and Carmelita in 1968. Also George Finley who
was the trustee of the 225 acre Deed of Trust was in the same law firm as James Carter.
We contacted the Texas Attorney General in 2012 and 2013 to try to get these deeds
fixed through medicaid fraud. Pretty soonwe had a retaliation lawsuit from the
attorneys.
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STATEMENT REGUARDING ORAL ARGUMENTS
There is no need for oral argument since the documents speak for themselves in this
case in support or denial of the law. The documents in this case are just like instant replay
in sports in that an accurate decision can be made from looking at the documents.
ISSUES PRESENTED
1. Did the trial court err by allowing forgery, perjury and false documents into the
trial?
SUMMARY OF THE ARGUMENT
The court's judges erred at letting forgery, perjury, and false documents get into the
trial. The Warranty Deed (Exhibit 4), Agreement Incident to Divorce(Ex. 5), Divorce
Decree (Ex. 6), and Deed Without Warranty (Ex 7) are all forgery or false documents.
We answered and objected to lawsuit on Dec 31,2012 stating on No. 4 "In the
Conservatorship, John Schwartz signs for Carmelita Schwertner Dierschke. I have never
found where Carmelita Schwertner Dierschke was adjudged incapacitated. John Schwartz
can't sign for Carmelita Schwertner Dierschke if she is not adjudged incapacitated."
Texas Penal Code under Texas Section 1151.001, it states Rights and Powers Retained
by Ward- An incapacitated person of whom a guardian is appointed retains all legal and
civil rights and powers. John Schwartz forged the document. Under the Texas Penal
Code Section 32.21-Forgery under (1) (A) (i) it states "Forge means to alter, make,
complete, execute, or authenticate any writing so that it purports to be the act of another
who did not authorize the act."
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James Carter represented the estate of Otto Dierschke. When he found out the 283
acretract had a bad chain and the financial interest of the bad chain belong to the estate
of Otto Dierschke. He talked Marvin into puttinga portionof this 283 acre into a trust on
March 16,1979(Ex 4) so it would be buried and not found. This violated the Texas Penal
Code Chapter 32.46 Fraud-Securing Execution of Document by Deception (a) a person
commits an offense if, withintent to defraud or harm any person, he, by deception:
causesanother to sign or execute any document affecting property or service or the
pecuniary interest of any person.
Alsoin the Warranty Deed (Ex 4) and Deed Without Warranty (Ex 7),and the
Ageement Incident to Divorce (Ex5),there is real estate where the Superior Title(s)
that are somewhere else then Marvin and Carmelita Dierschke at the time of the divorce.
TheDecree of Divorce (Ex 6) has to be false if John Schwartz can't sign. In the Deed
Without Warranty, the affidavit (Ex 1) by Hampton Beesley is perjury if there is a
Superior Title somewhere elseonMarch, 16,1979. Because this case has forgery,
perjury, and false documents, this case should be reversed and remanded to the trial
court for further consideration.
Argument
L Did the trial court err by allowing forgery ,perjury, and false documents into
the trial?
The evidence presented attrial that was false orforged was Beesley Affidavit (Ex 1),
.Warranty Deed(Ex 4), Agreement Incident toDivorce(Ex 5), Divorce Decree(Ex 6), and
Deed Wimout Warranty (Ex 7). I have included the 283 Acre Tract documents (1970 to
1985) and the 225 Acre documents (1968 to 1984) in the Motions toAppeal due to fraud
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dated June 9,2015 and June 22,2015 approximately.
The 283 Acre Tract is listed in the Warranty Deed (Ex 4) and Agreement Incident to
Divorce (Ex 5). In the Warranty Deed dated Feb 23,1970, Lester Ocker deeds to Elmer
Ocker 240 acre out of the 283 acretract with a Warranty Deed with a Vendor's Lien
( Tom Green County Deed RecordsVol. 551 Page 232). It expressly says on page 2 of
the document that Lester Ocker has Superior Title until it is paid off which is July 2,
1985 where a Releaseof Lien is filed in Volume 836 Page 50. The ironic part to this is
that Elmer and Lester Ocker give a Warranty Deed with Vendor's Lien to Phil Lane who
is the trustee on a DeedofTrust on Jan 23,1974 to Otto Dierschke who then three days
later sells it to Marvin Dierschke.
This 283 Acre Tract is listed on page2 ofthe Warranty Deed (Ex 4) and againon
Page 8 indirectly and page 9 of the Agreement Incidentto Divorce (Ex 5). This property
cannot be put in the Carmelita Schwertner Dierschke Trust(Ex 3) on March 16,1979 with
Lester Ocker having Superior Title.
On Aug 16,1968, Marvin and Carmelita bought the 225 Acre Tract with Warranty
Deed and Deed of Trust with George Finley as the trustee in volume 291 page 404 of the
Tom Green County Deed Records. George Finley has SuperiorTitle and a Release of
Lienis not filed until Jan 6,1984 in Volume 525 page 470. Beesley's Affidavit (Ex 1) is
perjury because ofthis Superior Title. Beesley in his Affidavit (Ex 1) said he did deep
research. He committed perjury under the Texas Penal Code Section 37.02 where a
person commits an offense if, with intentto deceive and with knowledge of the
statements meaning. And Texas Section 37.03 AggravatedPerjury (a) a person commits
anoffense, ifhe commits perjury as defined in Section 37.02, and the false statement: (1)
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is made during orin connection with an official proceeding; and (2) is material.
This 225 Acre Tract is listed on page 4ofthe Warranty Deed (Ex 4), page 8indirectly
and page 11 of the Agreement Incident to Divorce(Ex 5), and on page 7 in the Deed
Without Warranty(Ex 7). The 225 Acre Tract cannot be put into the Carmelita
Schwertner Dierschke Trust(Ex 3) since George Finley has Superior Title during this
time frame. I have included the 225 Acre Tract documents in the June 22,2015 motion
On page 6ofthe Agreement Incident to Divorce (Ex 5), John Schwartz signs as
Guardian of the person and estate of Carmelita Schwertner Dierschke. She was never
adjudged incapacitated. John Schwartz can't sign for her if she was never adjudged
incapacitated. Under Texas Penal Code Section 1101.101 Findings and Proof
Required (1) (A) find by clear and convincing evidence that the proposed ward is an
incapacitated person. An incapacitated person retains all legal and civil rights and
powers. Texas Section 1151.001. John Schwartz can't sign for Carmelita.
There was fraud upon the court in 1981 by James Carter, Gerald RatlifT, Bradley
Miles, and Randy Stout by violating the Texas Penal Code Chapter 32.46 Fraud-Securing
Execution ofDocument by Deception. They were the attorneys in the divorce who
committed fraud upon the court byhaving Superior Titles somewhere else inside the
divorce and having John Schwartz sign for Carmelita which violated Texas Section
1151.001- Rights and Powers Retained by Ward.
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PRAYER
Appellant, Brian Dierschke and Marvin Dierschke respectfully for the reasons stated
above, ask the Court to reverse the judgment of the trial court and remand the case for a
new trial.
Respectfully submitted,
Brian Dierschke and
Marvin Dierschke
8494 Hawk Ave
San Angelo, Tx 76904
325-651-9296
BRIAN DIERSCHKE
by: y^**ji^%^^jLJL
MARVIN DIERSCHKE
PRO SE FOR APPELLANTS
12
APPENDIX
1. DECREE ORDERING PARTITION AND APPOINTING COMMISSIONERS
2. FIRST AMENDED DECREE ORDERING PARTITION OF PROPERTY
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NO. C120427C
CHERYL LYNN DIERSCHKE, IN THE DISTRICT COURT OF
DANA JOY DIERSCHKE NEZWEK,
AND GRANT STEVEN DIERSCHKE
V. TOM GREEN COUNTY, TEXAS
BRIAN WILLIAM DIERSCHKE,
CHRISTY ANN DIERSCHKE WINN,
MARVIN DIERSCHKE, AND JANIS
DIERSCHKE 340th JUDICIAL DISTRICT
DECREE ORDERING PARTITION AND APPOINTING COMMISSIONERS
On June 1, 2015, came on to be heard and considered Plaintiffs' Request for
Partition In Kind and Accounting. Plaintiffs, Cheryl Lynn Dierschke, Dana Joy Dierschke
Nezwek, and Grant Steven Dierschke, appeared in person and by attorney of record and
announced ready for said hearing. Defendants, Cheryl Ann Dierschke Winn and Janis
Dierschke were duly and timely served with citation, but have not made an appearance in
this cause and have wholly made default. Defendants, Brian William Dierschke and Marvin
Dierschke, made their appearance in this cause; however, on September 17, 2013, this
Court struck their pleadings and granted judgment by default against them on all of the
claims and causes of action asserted by the Plaintiffs in this cause.
In due consideration of all matters of fact and law, and after hearing the evidence
and argument of counsel, the Court is of the opinion and finds as follows:
1. Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek, Grant Steven
Dierschke, Brian William Dierschke and Christy Ann Dierschke Winn each
own an undivided one-fifth (1/5) interest in and to the following three tracts
of land:
(a) the 91.749 acres out of Survey 67, Abstract 1968, and Survey 68,
Abstract 8040, S.P.R.R. Co., District 11, described by metes and bounds as
Tract A of Exhibit "B" in the Deed Without Warranty dated July 20, 2009,
recorded as Instrument No. 673696 in the Deed Records of Tom Green
-1
County, Texas, which Deed Without Warranty is hereby incorporated by
reference;
(b) the 19.583 acre tract out of the East Vi of Survey 58, Abstract 8003,
S.P.R.R. Co., District 11, described by metes and bounds as Tract B of
Exhibit uBn in said Deed Without Warranty; and
(c) the 126.787 acres out of Surveys 67 and 68, S.P.R.R. Co., described
more particularly as Tract D of Exhibit "B" in the Deed Without Warranty.
2. Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek, Grant Steven
Dierschke, Brian William Dierschke, and Christy Ann Dierschke Winn, each
own an undivided one-fifth (1/5) of an undivided 34.5% interest in and to the
following tract of land: 225.5 acres outof the W/2 of the north part of Survey
50, District 11, S.P.R.R. Co., described by metes and bounds as Tract C of
ExhibitUB" inthe Deed Without Warranty; and Defendant, Marvin Dierschke,
owns the remaining undivided 64.5% interest in this 225.5 acre tract.
Defendant, Janis Dierschke, who is Marvin Dierschke's spouse, has
homestead rights in Marvin Dierschke's undivided interest in this 225.5 acre
tract; and Marvin Dierschke and Janis Dierschke currently reside on two
acres of this undivided 225.5 acre tract.
The Court further finds that the above described four tracts of land are susceptible
of being partitioned in kind if, but only if, the property is partitioned by allocating to the
Plaintiffs their interest in the four tracts of land such that the Plaintiffs interests remain
undivided and the Defendants interest in the four tracts of land also remains undivided.
It, therefore, ORDERED that the forgoing property is partitioned among the parties
such that the value of the parcel or parcels allotted to the Plaintiffs reflects their combined
joint interest in the four tracts of land; and the parcel or parcels allotted to the Defendants
reflects their combined joint interest in the four tracts of land.
It is further ORDERED that Kevin Halfmann, Jerry Sefcik and Chip Cole, competent
and disinterested persons, are appointed commissioners to make the partition in
accordance with this decree and the law, and when the partition is completed, to report in
writing and under oath to this Court by the 1st day of August, 2015. It is ORDERED that
-2-
Robert Elliott is appointed alternate commission in the event one of the above named
commissioners cannot serve.
It is further ORDERED, ADJUDGED, and DECREED that Plaintiffs, Cheryl Lynn
Dierschke, Dana Joy Dierschke Nezwek, and Grant Steven Dierschke, have and recover
judgment from and against Defendants, Brian William Dierschke and Marvin Dierschke,
jointly and severally, for the sum of Two Hundred Sixty Four Thousand Seven Hundred
Twenty Four and 13/100 Dollars ($264,724.13), plus post-judgment interest on this sum
at the rate offive percent (5%) per annum after the date ofthe signing ofthis judgment.
It is further ORDERED that an equitable lien is hereby created to enforce the payment of
this Judgment against the interest granted to Brian William Dierschke and Marvin
Dierschke in the property described herein; and, if such judgment lien remains unpaid as
of the date of the final Order partitioning the property into separate tracts, that such
judgment lien shall be imposed against the interest in such property specifically granted
to BrianWilliam Dierschke, to Marvin Dierschke, orto Brian William Dierschke and Marvin
Dierschke.
It is further ORDERED that the Clerk of this Court shall order a writ of partition,
directed to the Sheriffor any Constable ofTom Green County, Texas, commanding such
Sheriff or Constable to notify each of the above named commissioners of their
appointment. The Clerk shall accompany such writ with a certified copy of this decree.
Signed this 1st day of June, 2015. ^& ^f
DISTRICT JUDGE PRESIDING
(R. L. Blann, Judge Assigned)
NO. C120427C
CHERYL LYNN DIERSCHKE,
DANA JOY DIERSCHKE NEZWEK, §S in THp DISTRICT mi irt nc
DISTRICT COU£T OF
AND GRANT STEVEN DIERSCHKE §
§
V.
§ TOM GREEN COUNTY, TEXAS
BRIAN WILLIAM DIERSCHKE, I
CHRISTY ANN DIERSCHKE WINN, §
MARVIN DIERSCHKE, AND JANIS §
DIERSCHKE § 340th jUD|C|AL DISTRICT
FIRST AMENDED DECREE ORDERING PARTITION
AND APPOINTING COMMISSIONERS
On June 1, 2015, came on to be heard and considered Plaintiffs' Request for
Partition In Kind and Accounting. Plaintiffs, Cheryl Lynn Dierschke, Dana Joy Dierschke
Nezwek, and Grant Steven Dierschke, appeared in person and by attorney of record-and
announced ready for said hearing. Defendants, Cheryl Ann Dierschke Winn and Janis
Dierschke, were duly and timely served with citation, but have not made an appearance
in this cause and have wholly made default. Defendants, Brian William Dierschke and
Marvin Dierschke, made their appearance in this cause; however, on September 17,2013,
this Court struck their pleadings and granted judgment by default against them on all of the
claims and causes of action asserted by the Plaintiffs in this cause.
In due consideration of all matters of fact and law, and after hearing the evidence
and argument of counsel, the Court is ofthe opinion and finds as follows:
1. Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek, Grant Steven
Dierschke, Brian William Dierschke and Christy Ann Dierschke Winn each
own an undivided one-fifth (1/5) interest in and to the following three tracts
of land:
(a) the 91.749 acres out of Survey 67, Abstract 1968, and Survey 68
Abstract 8040, S.P.R.R. Co., District 11, described by metes and bounds as
Tract Aof Exhibit "B" in the Deed Without Warranty dated July 20, 2009,
-1-
recorded as Instrument No. 673696 in the Deed Records of Tom Green
County, Texas, which Deed Without Warranty is hereby incorporated by
reference;
(b) the 19.583 acre tract out of the East Yz of Survey 58, Abstract 8003,
S.P.R.R. Co., District 11, described by metes and bounds as Tract B of
Exhibit "B" in said Deed Without Warranty; and
(c) the 126.787 acres out of Surveys 67 and 68, S.P.R.R. Co., described
more particularly as Tract D of Exhibit UB" in said Deed Without Warranty.
2. Cheryl Lynn Dierschke, Dana Joy Dierschke Nezwek, Grant Steven
Dierschke, Brian William Dierschke, and Christy Ann Dierschke Winn, each
own an undivided one-fifth (1/5) of an undivided 35.5% interest in and to the
following tract of land: 225.5 acres out of the W/2 of the north part of Survey
50, District 11, S.P.R.R. Co., described by metes and bounds as Tract C of
Exhibit uBn in said Deed Without Warranty; and Defendant, Marvin
Dierschke, owns the remaining undivided 64.5% interest in this 225.5 acre
tract. Defendant, Janis Dierschke, who is Marvin Dierschke's spouse, has
homestead rights in Marvin Dierschke's undivided interest in this 225.5 acre
tract; and Marvin Dierschke and Janis Dierschke currently reside on two
acres of this undivided 225.5 acre tract.
3. The above described four tracts of land are susceptible to fair and equitable
partition among the parties so as to reflect their respective interests, save
and except the two acres of the undivided 225.5 acre tract upon which
Marvin Dierschke and Janis Dierschke currently reside.
It, therefore, ORDERED that the forgoing property is partitioned among the above-
named parties such that the value of the parcel or parcels allotted to each party reflects
that party's interests as recited above; however, it is ORDERED that the two acres upon
which Marvin Dierschke and Janis Dierschke currently reside on the 225.5 acre tract is
excepted from the partition, and it is ORDERED that those two acres shall be set aside to
Marvin Dierschke and shall not be considered in the partition of the remaining 223.5 acres
in this tract or the partition of the three other tracts.
It is further ORDERED that Kevin Halfmann, JerrySefcik and Chip Cole, competent
and disinterested persons, are appointed commissioners to make the partition in
-2-
accordance with this decree and the law, and when the partition is completed, to report in
writing and under oath to this Court by the pffi day of August, 2015. It is ORDERED
that Robert Elliott is appointed alternate commissioner in the event one of the above
named commissioners cannot serve.
It is further ORDERED that SK<£ £jV£?/ A/gg.gJfL/£f is appointed
surveyor for the purpose of assisting the above named commissioners in making the
partition.
It is further ORDERED, ADJUDGED, and DECREED that Plaintiffs, Cheryl Lynn
Dierschke, Dana Joy Dierschke Nezwek, and Grant Steven Dierschke, have and recover
judgment from and against Defendants, Brian William Dierschke and Marvin Dierschke,
jointly and severally, for the sum of Two Hundred Sixty Four Thousand Seven Hundred
Twenty Four and 13/100 Dollars ($264,724.13), plus post-judgment interest on this sum
at the rate of five percent (5%) per annum after the date of the signing of this judgment.
It is further ORDERED that an equitable lien is hereby created to enforce the payment of
this Judgment against the interest granted to Brian William Dierschke and Marvin
Dierschke in the property described herein; and, if such judgment lien remains unpaid as
of the date of the final Order partitioning the property into separate tracts, that such
judgment lien shall be imposed against the interest in such property partitioned to Brian
William Dierschke, to Marvin Dierschke, or to both Brian William Dierschke and Marvin
Dierschke. It is further ORDERED that if this judgment lien is not completely satisfied
against the interest in the property partitioned to Brian William Dierschke, to Marvin
Dierschke, or to both Brian William Dierschke and Marvin Dierschke, that the balance of
the judgment remaining unpaid shall be a valid and binding joint and several judgment
against Brian William Dierschke and Marvin Dierschke.
It is further ORDERED that all cost of Court, the fees and expenses to be paid to
the commissioners, and any fees or expenses to survey any of the properties to effect the
partition shall be charged against each partybased upon their respective overall ownership
interests in the subject properties.
It is further ORDERED that the Clerk of this Court shall issue a writ of partition,
directed to the Sheriff or any Constable of Tom Green County, Texas, commanding such
Sheriff or Constable to notify each of the above named commissioners of their
appointment. The Clerk shall accompany such writwith a certified copy of this decree.
It is further ORDERED that the Decree Ordering Partition and Appointing
Commissioners signed on June 1, 2015, is set aside and held to be of no further force or
effect. m
Signed this (W day of June, 2015.
DISTRICT JUDGE PRESIDING
(R. L. Blann, Judge Assigned)
-4-
I hereby certify that a true copy of the above and forgoing was forwarded to James
David Walker by U. S. Priority Mail on Oct26th, 2015 properly addressed as follows:
James David Walker
Attorney at Law
P.O. Box 41
Milano, Texas 76556
BRIAN DIERSCHKE
MARVIN DIERSCHKE
PRO SE FOR APPELLANTS
PRESS FIRML Y TO SEAL
PRIORITY
* MAIL *
r=T=l DATE OFDELIVERY SPECIFIED*
/??. USPS TRACKING™ INCLUDED*
$ INSURANCE INCLUDED*
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CERTIFICATE OF COMPLIANCE |
NOV 0 5 2015
THIRD COURT OFAPPEALS
\ JEFFREYD.KYLE /
I certify that the foregoing document contains 2368 words according to the word count
of the computer program used to prepare it, in compliance with Tex R. App. Rule 9.4 (i)
(3).
Brian and Marvin
Dierschke
8494 Hawk Ave
San Angelo, Tx 76904
BRIAN DIERSCHKE
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Label 228, January 2008