THE LAWSUIT ON THE LARGEST ART THEFT IN HISTORY

DANIEL PAVON CUELLAR et al. Individually and On Behalf of All Others Similarly Situated and, SEBASTIAN JOHN RAUL PAVON CUELLAR Plaintiff´s

VS

SAMANTHA JENNIFER LOWRY SUSAN GAIL LOWRY JOHN AURIOL LOWRY JOSEPH PATRICK DOUGLAS LOWRY JEMIMA LOWRY SCARLET LOWRY Defendant´s

PLAINTIFF’S ORIGINAL COMPLAINT*

TO THE HONORABLE COURT:

Daniel and Sebastian John Raul Pavon Cuellar PLAINTIFF´S COMPLAIN OF Samantha Jennifer Lowry et al, defendants, and for cause of action would show the Court and Jury;

I.
PARTIES.

At the time of the events;

Plaintiff Daniel Pavon Cuellar is a United States Resident Alien and Mexican Citizen and

Plaintiff Sebastian John Raul Pavon Cuellar is a United States Citizen; Hereby referred as Sebastian or child or Plaintiffs

Defendant Samantha Jennifer Lowry who lived in Texas and was an illegal alien in the United States at the time of the events and is a British Citizen.

Defendants Susan Gail Lowry and John Auriol Lowry are parents of Samantha, they were in Texas during the allege events, they are British Citizens and part of the Contract with the Attorneys of record Milner Law Firm

Defendants Scarlett Lowry, Jemima Lowry, Jorgina Lowry and Joseph Patrick Douglas Lowry are British Citizens who where in Texas during the allege events and been the sisters and brother of Samantha Lowry. In the case of Joseph and Scarlett who were also in Mexico during some of the events.

Jemima Lowry aliases: JEMIMA JANE LOWRY BAILEY, OR JEMIMA LOWRY, JEM BAILY, JEMIMA BAILEY OR JEMIMA JANE LOWRY

Scarlett Lowry Aliases: Scarlett Mark Lowry

Samantha Jennifer Lowry aliases: Sam Lowry, Jennifer Lowry, Samantha Jane Lowry, Samantha Jay Lowry, Samantha Lowry, Sam Lowry

All of the defendants above, and others worked in conspiracy, assisted and encouraged the unlawful acts, with the specific intent to do so, and conspired to, engage in the illegal and tortuous acts complained of herein.

Defendant´s Samantha Jennifer Lowry has by testimony indicated the best places to serve the documents are:

The Milner Law Firm who is the attorney of record of Samantha Jennifer Lowry up to date, at 4210 Spicewood Springs Road, Suite 210 Austin, Texas 78759

and/or The family owned business and residence Hillsborough nursery New Town lane, Bishopstone, Wiltshire, England, SN6 8PW

II.
JURISDICTION, VENUE AND DISCOVERY PLAN

This Court has original Jurisdiction pursuant to 28 U.S.C 1331, 1332 and 1343 over Plaintiffs causes of action under the Constitution of the United States, 42 U.S.C 1983 and 1981.

This court has Subject matter jurisdiction is proper because the amount in controversy exceed the minimum jurisdictional limits of this Court, and by existing contractual obligations and existing cases within Travis County Texas.

Venue for this cause of action lies in Travis County, Texas, because under § 15.002 of the TEX. CIV. PRAC. & REM. CODE, a substantial part of the violations alleged occurred in Travis county of suit.

Venue is proper in the Southern District of Texas, because a substantial part of the
events or omissions giving rise to this suit occurred in this district. 28 U.S.C. § 1391. a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated

Discovery in this case should proceed under Level 3 of the Texas Rules of Procedure (190.4).
III.
JURY DEMAND

Plaintiff demands a trial by jury on all issues under Federal Rule of Civil Procedure 38.
IV.
FACTS AND CAUSES OF ACTION

The civil and criminal conspiracy of defendants, against the rights, property, and privileges of plaintiffs and his family are very extensive, and therefore the facts and causes of action are set more in detail on attached Plaintiff affidavit hereby attached as Exhibit “A” and will be proven to Court and Jury in due process.

The index to Evidence is hereby attached as Exhibit F which provides a brief description for all the evidence that is also hereby attached that proves the illegal and wrongful conduct of defendants in conspiracy with others.

A brief description of some of the factual events and causes of action are described hereby below:

On December 2006, evidence shows Defendant´s were already working with company called Adelante solutions who would aid them with Government and Media contacts on the Fraud they were about to commit only five months later.

On March 29, 2007 Sebastian John Raul Pavon Cuellar was born, Defendant Samantha (the mother) claimed she did not want the child and not even to carry her last name, reason why, Sebastian carries only both of the Last names of the Plaintiff.

Defendant Samantha refuse to give him medical attention and refuse to the vaccines, also placed in risk of dead and/or risk of permanent harm the child in several occasions and in several ways

Plaintiffs went to Mexico on May 25, 2007, and Defendant Samantha was to arrive to Mexico city on May 28, 2007.

But instead Defendants in conspiracy with others violated the Constitutional, Human and Civil rights of Plaintiffs to obtain all types of illegal gains by fraud and theft in a civil and criminal conspiracy including Extrinsic, Intrinsic and Fraud upon the Court, initiating proceedings, in secret, in Austin Texas on May 30, 2007

Defendants became extremely violent against Plaintiff, his family and others, including murder attempts, mental abuse, dead threats, stalking, harassments, libel, defamation, slander and destruction of Plaintiffs property

Defendants have a history of violence, including with deadly weapons, and also fit the symptoms and criteria of Psychopaths

Defendant Samantha intentionally and with malice, neglected and threatened the life of Sebastian since his birth.

Defendants harassed and even threaten Plaintiff friend and business partner Sam Najjar, for the purpose to keep plaintiff without help in Austin

Defendants stolen and withheld the travel documents of Plaintiff to prevent him from having Due Process and preventing from returning to the United States, and also withheld by fraud ALL the documents of the child and even placed restrictions for Plaintiff to obtain any.

Defendant Samantha was in control of all the money of Plaintiff, which was also stolen, such money was deposited in her wells Fargo account in Oak Hill, as well as $2000 Defendant Samantha was to bring to Plaintiff to Mexico (minus her travel expenses)

Defendants hacked into Plaintiff email account to removed and erased evidence against them.

Defendants in conspiracy with others took illegally possession of plaintiff homestead by criminal trespass and with criminal mischief and continued property damage and theft, taking possession of all the property of Plaintiff, including all personal documents (already used for fraud)and to prevent Plaintiff to obtain any.

Defendants in conspiracy with others trespassed into Plaintiff HOMESTEAD to start the theft, remove evidence against them, and in violation of Plaintiffs rights, they further took possession by fraud and theft of 1732 original fine art paintings, several of them with High Quality Frames.

Defendants abandoned Sebastian during the events and started false and frivolous claims to steal all the assets and property of Plaintiffs and his family through frivolous, unreasonable and without foundation, secret suits and proceedings, based on the extrinsic, intrinsic and fraud upon the court further described in Exhibit A hereby attached

Defendants purposely, intentionally and with malice, made impossible for plaintiffs to return to the United States.

Defendants purposely also made impossible the return of the child

Defendants purposely gave wrong last known address, wrong emails addresses, incomplete addresses to make sure Plaintiffs will not be aware of the frivolous suits and secret proceedings

Defendants in conspiracy with others by fraud and deception to the Court and Law Enforcement agencies obtained false warrants against plaintiff and against Hague Convention Proceedings Defendant Samantha started on May 30, 2007. This false warrants were obtained by claiming the child was in Austin Texas with risk of international abduction even as of June 13, 2007 and claiming the child was allergic to all types of formula and could die, concealing the emails from Plaintiff at the time from FBI and Court.

Defendants purposely and maliciously placed in risk the life of Plaintiffs and Plaintiff family

Defendants used perjury, false statements, libel, slander and defamation which place in risk of dead or serious harm the life of Plaintiffs

Defendants used monitoring video equipment in the house of plaintiff parents in Mexico City in violation of Plaintiff Parents rights and also against the Law

Defendants used deadly weapons against Plaintiff father (before his murder) to prevent him from returning home

Defendants use even physical violence, mental violence, stalking, Dead Threats against plaintiff and his family to fear for their life´s, such harassments and threats extended to all the Plaintiff family and even to their spouses and their families

Defendants used stolen documents of Plaintiffs for use of fraud in Travis County Court, including financial statements of Plaintiff parents stolen from their home in Mexico City, where defendants were at the time and claimed of some raids that there are no legal records and in fact were a huge theft, police believes the Defendants who were in Mexico at the time, also trespassed into the Plaintiff parents home

Defendant Family claim to stolen and burned 1200 Fine Art Paintings (Worth at least $ 4000 each Market value as of 2007) and other property of Plaintiffs and with property interest of Plaintiff parents

Defendant Samantha by perjury and fraud , claimed all assets of Plaintiff parents were from Plaintiff, Defendant concealed records, including liens, taxes, deeds, and even altered and fabricated records, with such actions to take possession by fraud and deception of all the assets of Plaintiff family. Evidence hereby attached, proves her Intrinsic fraud and extensive aggravated perjuries, working in conspiracy with others.

Defendants in conspiracy with others use physical violence for the purpose to murder Plaintiff parents and alternatively obtain the illegal gains through Intrinsic Fraud, including 160 acres of Prime properties in Texas and all the Bank accounts of Plaintiff parents.
Defendant in conspiracy with others extended their violence, harassment and threats to all members of the Pavon Cuellar family and even, to their spouses and extended family

Defendants used stolen records, altered records, omitted records, removed evidence, made false entries and fabricated evidence to obtain a decree and Judgment of 35 million by fraud.

Defendants withheld a Decree of August 13, 2007 and a judgment of August 22, 2007 secret from Plaintiffs and his parents and immediately emptied the bank accounts of Plaintiff Parents and started secret auctions of their properties without notice and without Constitutional Due Process, but also out of jurisdiction.

Defendants used and exploited Sebastian since his birth to obtain these illegal gains by intrinsic, extrinsic and fraud upon the Court, and Defendant Samantha asked for a DNA test of the child, which may mean, the child is not even Plaintiff child

Defendants deprive Plaintiffs of Constitutional rights, of Civil rights and Human rights, and also deprive them from all their property without Due Process, working in conspiracy with others with intentional malice and made in secret and malicious proceedings

Defendants used by fraud and deception the Law enforcement Agencies for their own gains.

On or around November, 2007; Plaintiff parents found their properties were been auctioned and bank accounts already emptied without notice and hired an attorney, who later found of the secret Judgment and immediately countersued Defendant Samantha.

Defendant’s made murder attempts against Plaintiff elderly parents, same that were reported to Police at the time.

A rule 11 Agreement (Settlement Agreement) was reached on November 28, 2007 in Austin Texas on a meeting that lasted 10 hours between Plaintiff attorney, Plaintiff parents attorneys, Defendants attorneys and Defendants, such Settlement Agreement modified and reach by the Milner Firm attorney Joe D Milner, and executed in Mexico City on December 3, 2007, endorsed by United States and British Embassies and the Central Authorities of Mexico, filed in the Travis County Court

Defendants immediately breached the Rule 11 Agreement, abducted the child and claiming a false duress claim and using false evidence and continued with their fraud;

Plaintiff parents attempted the first hearing in Austin Texas of the suit against Defendant Samantha, on January 2008, time when Plaintiff father delivered evidence against the people involved.

Less than two weeks after, On February 8, 2008 Plaintiff father was murdered at the age of 79 years old, in front of Plaintiff mother (who were married for 49 years) Plaintiff and his mother immediately thereafter received DEAD THREATS if they would go to the United States

Soon after, Defendants sold a property of 20 acres of Plaintiffs family without Notice, without Constitutional Due Process and in breach of the Rule 11 Agreement , but also against the pending proceedings during that time and without notice to the rightful owner Plaintiff Mother

Defendants, in breach of the Rule 11 Agreement claims to have started the sale of the Fine Art Paintings property of Plaintiff family, such sale also illegal by Texas Civil Practice & Remedies Code - Section 61.082, and against the United States Constitution and other applicable laws and treaties

The Court did not grant the duress claim of Defendant, but defendants continue to breach the Rule 11 Agreement up to date

Defendant Samantha attempts to disappear from justice and is taking processes to change her name and the one of Sebastian in violation of the children rights and while he is officially abducted.

Defendants are aiding in secreting and hiding the child up to date, against the rights of Custody of Plaintiff and against the Rule 11 agreement

This conspiracy extent to several others, including several of the attorneys

Defendant has withheld and concealed the whereabouts of Sebastian, but evidence shows the harm Sebastian has suffered with a recent medical report, and at only one year old has suffered a fracture and harm by the neglect of Defendant to give proper medical attention and care

Defendants have caused and continues to cause a grave harm to Plaintiffs

Defendant family are suspects of trespassing into the Plaintiff parents home in Mexico City; Some of the records stolen, including Financial records of Bank accounts of Plaintiff Parents were used in Travis court by defendants and by fraud and deception to obtain all types of illegal gains

Defendants are murder suspects of Plaintiff father and investigations continue

Defendant claims to be part of a mob with indomitability

Defendants withholds the Homestead of Plaintiff against the Law, in breach of the Rule 11 Agreement and against the United States and Texas Constitutions and Laws

Defendants withholds up to date by theft, all personal documents of Plaintiff

Defendants withholds up to date all other property of plaintiff, including but not limited to clothes, furniture, all work tools and work equipment illegally and against the Constitution and against the Law

Defendants has violated several of the rights of Plaintiff and also of his family.

Plaintiff cannot return to the United States by these actions of Defendants

In fact, defendant has committed over 30 crimes, some with one year sentences, some to life in prison sentences as described in Exhibit “A” and only referred to crimes within Texas Jurisdiction.

The decree of Cause Number D-1-FM-07-002752 becomes unenforceable under Texas Family Code 152.205, and by reason was obtained by fraud, including a child support that is illegal in Texas

The Evidence will show the Court and Jury the decrees were obtained by fraud and were frivolous groundless and without foundation. (Evidence is hereby attached which proves by preponderance of clear and convincing evidence, and in fact, been the records used by Defendants and their attorneys in its majority, their intrinsic, extrinsic, and fraud upon the court, as well as their violence and sick and perverted minds, dead threats, and violence)

Evidence will show the Court and Jury, Defendants are Responsible of the dead of Plaintiff father

Evidence will show the Court and Jury the amounts obtained are against the Law and all the claims of Defendants were frivolous, unreasonable and without foundation, without evidence of their claims, and, obtained by fraud including extrinsic, intrinsic and fraud upon the court, by a criminal and civil conspiracy who acted with intentional infliction to destroy the plaintiff family in every aspect of their life´s, with a perversity and violence that extended to murder attempts by defendants against Plaintiff elderly parents and resulting in murder

Defendants have a history of violence and even a history with the use of deadly weapons.

Defendant actions have affected several third parties, that are willing to testify but are scared to their life´s, once Plaintiff receives protection by Law, they are willing to testify and show further evidence of the violence and harassment of Defendants in conspiracy with others against them

Defendant Samantha was physically violent against Plaintiff and his property, and (Emphasis added) Defendants were physically violent, including murder attempts against Plaintiff parents (above 65 years of age) , (reported to Law Enforcement)

Plaintiffs are Residents of Texas but unable to return to Texas by actions of Defendants in a civil and criminal conspiracy, by existing dead threats against Plaintiff life if he is to return to the United States received shortly after the murder of Plaintiff Father (February 8, 2007 and just after he returned from Austin Texas and delivered evidence against Defendant in a suit cause number D-1-GN-07-004030)

Defendants withhold illegally the homestead and all other property of Plaintiff, including all of the Plaintiff personal documents

Plaintiff Sebastian John Raul Pavon Cuellar remains abducted since December 3, 2007 and his whereabouts are unknown.
The Decree of August 13, 2007 and Judgment of August 22, 2007 were granted in exparte proceedings, without a Jury, without legal service, and by the intrinsic, extrinsic and fraud upon the court described above and in attached exhibits, but also in violation of Texas rules of civil procedures, rules of service, international Laws, and Constitutions of United States, Texas and Mexico and several other applicable laws and International treaties.
The actions of Defendants and her counsels were purposely made with fraud including intrinsic, extrinsic fraud, and Fraud upon the Court, with deception, with malice, made in secret, and for the plaintiff and /or his parents to be prevented to establish a meritorious defense, but even preventing him them to appear in court or have Due process of Law. But also made him lose a property that was schedule for closing in Early June 2007, his car and has made impossible for plaintiff to work, by the lack of documents, lack of work tool, and all the process to obtain Justice, the actions of defendants have cause and continue to cause, a permanent loss of opportunities to Plaintiff, including the harm to his reputation by international libel, defamation and slander
Up to date, Plaintiff is under Hague Convention Proceedings for the abduction of the child by defendants.

Plaintiff and Plaintiff family are the owners of property threaten with further irreparable harm injury by defendant´s conduct.

The breach of the Rule 11 Agreement is in Violation of the United States Constitution, Texas Laws, Mexican Laws and applicable International Laws and treaties, and is against public policy such breach, more when was reached and agreed by the attorneys of both Parties, by Defendant , her family and Plaintiff and, is in the best interest of the child, furthermore, grants Due Process and protects the rights of the Plaintiff and his family that have and continue to be violated up to date.
Some of the property has already been sold against the Law, Constitutions, without Due Process and in breach of the rule 11 agreement, including a parcel of land of 20 acres adjoining commercial property in two sides and without notice to Plaintiff Mother who had property interest in such Property and also Defendant and her counsels have threaten to sale the Fine Art Paintings with property interest to Plaintiff mother;
Defendant and her counsel withholds all other property of Plaintiff, some of this with property interest to Plaintiff Mother even Exempt property protected by the United States, Texas Constitutions and Texas Law as is his homestead, and all his personal documents ,

All of the relief obtained and sought by the defendants regarding these real and intellectual properties predicate upon Fraud and deceptive Practice, improper service, in a criminal and civil conspiracy with intentional malice and use of deadly force against Plaintiff and his family

Other real and Intellectual property is, has or will be sold and being applied to judgment and/or decree obtained by fraud, deception and the wrongful and criminal actions of defendants and their counsels. The defendants have threatened and have caused irreparable harm to plaintiffs property and rights by her actions, including but not limited to Defendants claim to have destroyed hand painted murals that took 7 years of work in Plaintiff HOMESTEAD and also the garden that took over 10 years with extensive landscaping and Defendants admitted to have stolen and claim to have burned 1200 Fine Art Paintings as well as other personal property of Plaintiffs.

The defendants conduct as described above and in attached Exhibit “A” is completely without right or entitlement because it violated United States Constitutional due process, violated civil rights and Human rights, the Texas Penal and civil codes, but also Hague Convention treaties, the Texas Rules of Civil Procedure, the United States Constitution and Texas Constitution, international laws, treaties and Mexican Constitution but purposely did so to obtain illegal gains by fraud, theft and deception working in a civil and criminal conspiracy with use of deadly force

To breach of the existing contractual agreement hereby attached and referred as “Settlement agreement” has perpetuated these violations, causing additional damages to Plaintiff and his family, and a harm to a child that is physical and psychological as well as permanent, but further causing the dead of Plaintiff father, were it will be proven to the Court and Jury, defendants are responsible of such dead and whom had committed murder attempts previous to his murder.

The Plaintiffs and his family has and will continue to be damage and injured by defendant´s illegal conduct.

Plaintiffs and his families have received grave and permanent harm by actions of Defendants, including but not limited to gross negligence and even Defendant Samantha placed the child life at risk of dead and/or permanent harm since his birth, Plaintiff son Sebastian, is in immediate danger to his life, and a recently obtained medical records, show the negligence and lack of proper medical attention by defendant Samantha to the child.

Plaintiffs cannot calculate the cost and damage they has suffered by the actions of defendants, but has caused already the dead of the Plaintiff father and harm to several other third parties.

The property and rights involved are unique an irreplaceable, the loses including the sale of a property of 20 acres are irreplaceable. The intellectual property as well, so that will be impossible, to accurately measure in monetary terms, the harm and damages caused by the defendants and their counsels conduct

It is essential that the court immediately, temporarily and permanently restrain defendant, her counsels, any other person working in her behalf stop any action against the plaintiffs, his family and any of their property, assets and/or rights from selling/auctioning/disposing/destroying/harming/violating of real estate, intellectual property, and any other property, rights of privileges of Plaintiffs and his family, placing or causing any additional harm to plaintiffs, his family or his associates rights or property and assets.
V.
INJUNCTIVE RELIEF.

It is essential the court immediately, temporarily and permanently restrain defendants from taking any measures against the rights of the Plaintiffs, especially to start/continue/or take any proceedings outside the United States other than the ones specified by the Rule 11 Agreement especially in regards to the child who remains abducted up to date

It is essential that the court will act immediately, after notice to defendant and upon hearing on the matter as evidence attached herein if beyond any reasonable doubt.

In order to preserve the status quo and plaintiffs and his family property interest and rights, but also the property interest and rights of third parties during the pendency of this action, and the safety and well being of the child.

Defendants should be cited to appear and show cause why they should not be temporarily restrained, during the pendency of this action, from affecting, in any manner, the plaintiffs rights, including but not limited to property interest and the property interest of third parties may have.

Plaintiff request all hearings and depositions will be made via video phone or teleconference, as Plaintiff is under dead threats if he is to go to the United States received after the murder of his father whom, he had just return from the United States and as further described in Plaintiff Affidavit hereby attached and marked as Exhibit “A”. But also will be the only possible forum

WHEREFORE, plaintiff request that

1)The Court to Impeach the Judgment on Cause number D-1-GN-07-002030 of August 22, 2007 under grounds of fraud and/or by been frivolous, unreasonable and without foundation and,

2)Set Motion to enforce the Rule 11 Agreement and,

3)The Court enter an order for the immediate return of all of Plaintiff exempt property, including but not limited to his homestead at 7005 whispering creek Dr, Austin Texas 78736, Personal Documents, furniture and other exempt property that was located in his homestead, with an inventory and video of the property condition and,

4)The Court enter a Temporary Restraining order and temporary and permanent injunction restraining the defendants, her agents, servants, counsels, family friends and representatives, directly or indirectly from affecting Plaintiff´s property interest and /or rights, including, but not limited to, enjoining the sale of any real, intellectual or personal property in which the Plaintiff and/or his family may have title or ownership interest, vacating the levies placed on the properties in which the plaintiff and/or his family have or may have title or ownership interest, and such equitable relief as is acquired to protect the Plaintiff and his family property interest, real, intellectual or personal and Defendants to be require to insure such property against any damage or loss
5)Defendant be cited to appear and answer

.

VI.
DAMAGES

Because of Defendants unlawful conduct, Plaintiff, members of his family and other third parties have suffered extreme mental anguish, emotional distress, and significant economic loss,

VII.
LIQUIDATED AND PUNITIVE DAMAGES

Plaintiff requests an award of liquidated damages, as the Defendants willfully violated their Constitutional protected rights, breach the Rule 11 agreement and caused severe loses and damages to Plaintiffs and their family

Plaintiff is also entitled to punitive damages, because Defendants acted with malice or reckless indifference to his rights under Texas law, and because liability can be imputed to Defendants.

Because Defendants’ conduct was malicious, Plaintiff is entitled to recover
punitive/exemplary damages under Chapter 41 of the Texas Civil Practice and Remedies Code.

And under 42.009 of the Texas Family code Defendants claim for damages were frivolous, unreasonable, or without foundation.

VIII.
PRAYER

Plaintiff prays that Defendants be cited to appear and answer herein and that upon final
trial or hearing, Plaintiffs will be granted by the actions of defendants, jointly and severally:

a. Equitable relief;
b. Actual damages;
c. Compensatory damages;
d. Punitive damages;
e. Liquidated damages;
f. Exemplary damages;
g. Pre- and post-judgment interest;
h. Attorney’s fees;
i. Costs of suit, including but not limited to expert fees; and
j. Such other and further relief to which Plaintiff may show himself justly entitled.

Respectfully submitted

Daniel Pavon Cuellar
Plaintiff

*Pro se with legal advisors

NOTICE:

PLAINTIFF IS UNABLE TO RETURN TO THE UNITED STATES AND HAS BEEN PREVENTED TO DO SO BY THE ACTIONS OF DEFENDANT IN CONSPIRACY WITH OTHERS TO PREVENT HIM FROM HAVING CONSTITUTIONAL DUE PROCESS AND BY BEEN MATERIAL WITNESS TO THEIR CRIMES; ALONG THESE ACTIONS INCLUDES SEVERAL DEAD THREATS AGAINST PLAINTIFF, ONE RECEIVED IMMEDIATELY AFTER THE PLAINTIFF FATHER WAS MURDER ON FEBRUARY 8, 2008 AT 79 YEARS OLD AND LESS THEN TWO WEEKS AFTER HE HAD RETURNED FROM TEXAS AND DELIVERED EVIDENCE AGAINST DEFENDANTS AND OTHERS.

Defendants up to date withholds illegally all personal documents and other exempt property of Plaintiff, including his Homestead and Money

Plaintiff has existing pending warrants based on false statements and claims made by Defendant as described and proven in attached documents and Exhibit “A”

Nevertheless, Plaintiff can appear via Teleconference, video Link or by Telephone. Plaintiff cannot return nor be present in Travis County Proceedings until the full compliance by defendant of the Rule 11 Agreement (Settlement Agreement) reason why of the amount of evidence enclose to prove by preponderance of clear and convincing evidence, the illegal and wrongful acts of Defendants in conspiracy with others.

DANIEL PAVON CUELLAR AFFIDAVIT

I DANIEL PAVON CUELLAR, AFTER BEING DULY SWORN ON OATH HEREBY DEPOSE AS FOLLOWS:

MY NAME IS DANIEL PAVON CUELLAR AND I AM AT LEAST 18 YEARS OF AGE. I GIVE THIS STATEMENT TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT I AM UNDER OATH, AND I MUST TELL THE TRUTH.

Following are the most important factual events and the actions of Samantha in conspiracy with others that prove the Extrinsic Fraud, Intrinsic Fraud and Fraud upon the court with clear and convincing evidence hereby attached

The criminal acts made with malice by Samantha in conspiracy with others who planned, conspired, and colluded for the purpose to obtain unjust enrichment by fraud, theft and even with the use of physical violence to prevent Due Process and committing several State and Federal crimes during the process of their “Fraud” that has ended in murder and kidnapping, in a conspiracy against My rights and the ones of My family.

Samantha in conspiracy with others obtained by fraud and theft absolutely all the assets from me and my family, even property that is Exempt by Law, The United States and Texas Constitutions as was My homestead, furniture and personal documents, but also other property including but not limited to real estate and intellectual property, including 1732 Original fine Art paintings that have existing liens

The rights and privileges from me and my family have been violated, in a criminal and civil conspiracy against Our Constitutional rights and against the Laws and Treaties.
Newly-discovered facts and evidence can now prove the Fraud

BACKGROUND

It is important to know Samantha had a history of medical problems and had previously assaulted Me physically and committed crimes of violence as describe in Title 18 section 16 and such violence and abuse was constant during Our relationship and even after the end of the relationship.

Samantha´s family has a history of Violence, even with deadly weapons and have pending criminal investigations as murder suspects of My Father, who, before his murder reported the murder attempts of Samantha family against him and his wife. My father was murdered at 79 years of age in front of his wife, shortly after he had delivered some evidence against Samantha and others, immediately thereafter, Me and my mother received dead threats if We would go to the United States. (Exhibit B)

Samantha family has also a history of mental problems where the grandmother killed herself, Samantha brother lived in a tree at 27 years of age and had serious allegations against him of sexual child abuse in the past, Samantha had serious mental problems and a medical condition with her head that she had to see a neurologist and all other facts hereby described.

The Samantha family members are highly aggressive and violent and seem to suffer from the Anti-social personality disorder and fit the criteria and all symptoms of psychopaths that impose a great danger to society.

Me and Samantha never married, and at the time of the events, Samantha DID NOT LIVE in My homestead (Exempt property) That I bought on 1997 (and been 9 years before the relationship)

Samantha was highly promiscuous.

Me and Samantha lived out of the sale of the Fine Art Paintings and loans from my parents.

FACTUAL EVENTS

Samantha discovered to be pregnant in England on August 2006, she claimed I was the father and therefore she moved to Austin on September of 2006, soon after she met a Police Detective Andrew Westbrook on the area of bars of Sixth Street, and they became friends.

As of December 2006, Samantha was an illegal alien in the United States and if she would leave by plane, she could not return to the United States, a friend of her said she needed to leave by ground through the border of Laredo where they do not check for travel documents and to not return her visa, that way US Immigration would never know she was an ILLEGAL alien in the United States and she could return to the U.S.A. at anytime

At the birth of the child on March 29, 2007 Samantha claim she did not want the child and not even to carry her last names, reason why, Sebastian was named ONLY with both of My Last names; Sebastian John Raul Pavon Cuellar, instead of Pavon Lowry

Soon after the birth of the Sebastian, Samantha turned hateful against Me for no reason, and claiming she could not cope as a mother.

Samantha started actions with malice and intentional harm against me, even with violence against My property, and intentional and malicious abuse and neglect against Sebastian, placing him at grave risk of permanent harm and even risk of dead. Samantha refuse to give him medical attention, even when he had two balls in his neck that were growing and bothered him to the touch. Samantha also refuse to give him his vaccines and even refuse to have him check with a doctor, also refuse for Me to take him and Samantha withheld the insurance card at all times. Samantha neglected and abused the child claiming she to cope as a mother.

Samantha started threats to take the child to England for her mother owned child nursery to take care of the child.

I made several phone calls to police in regards to Samantha actions.

On or Around May 22, 2007, Samantha Proposed to marry Me, I accepted
Samantha apologize for her actions and asked for some time apart since she was confused and did not understand what was wrong with her, I agreed and decided to go to Mexico
I left with his son on May 25, 2007 to Mexico City, Samantha was to arrive on May 28, 2007 and even I give her $2000 that was to be used for her travel and a planned vacation to the beach. But she did not arrive. I got worried and with the help of all My family started to call everyone, from police to Samantha´s Aunt in Puerto Vallarta Mexico and her parents.
I found Samantha hacked into My email account and erased nearly all the emails between Me and Samantha and Me and her parents
At this time I filed a police report asking for their help and notifying them of the events.
Finally the mother of Samantha called Me and said Samantha was feeling ill but she will arrive soon to Mexico City.
I immediately give medical attention to Sebastian who was around two months old at the time, the pediatrician found the balls in his neck were caused by a serious ear infection, and even said his hearing could have been harmed for life, most likely this was caused by Samantha taking showers with Sebastian at one month old.
Now evidence shows, Samantha had planned the fraud since at least December 2006 when she was already working with the company who had given her contacts with media and government, and the company who will actively help her commit the fraud months later.
Samantha brother and her boyfriend Tristan arrived to Mexico City on May 28, 2007 (the day Samantha was to arrive) and started with several criminal activities against me and against My parents
As soon as I left with Sebastian to Mexico, Samantha called the police, and said to them I left with my son to Mexico, then Samantha started false claims against Me, the police said there was nothing they could do by the fact that there no custody orders, and therefore no abduction and no interference of custody.
Time when Samantha called her friend Westbrook. Immediately after, detective Westbrook assigned himself to the case and working in conspiracy, by fraud and deception started to make all types of false claims against Me; (Westbrook who is considered to be one of the ten most aggressive officers in Austin Texas) modified the testimonies of other officers, altered the events, concealed the emails that showed We were awaiting for Samantha in Mexico, concealed the police report I filed, and made other false entries and omissions on the police reports.
Westbrook and Samantha also committed aggravated perjuries and other perjuries in affidavits, even the affidavit of Samantha was altered with someone else’s writing to place a false warrant against Me, same that can be proven with the same police reports and Andrew Westbrook committed over 18 perjuries in 3 pages affidavit including but not limited to; claiming by fraud and deception the child was allergic to all types of formula and could be fatal and he was missing. With the malicious intent to place false warrants.
Westbrook and Samantha committing the crimes of;

1)TEXAS PENAL CODE 37.081 FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON.
2)TEXAS PENAL CODE 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE:
3)Texas Penal Code Sec. 37.03. AGGRAVATED PERJURY
4)Texas Penal Code Sec. 37.02. PERJURY.

5)Title 18 §1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
The Police had received the police report I made, and notified them that Samantha had all Our travel documents also of the criminal trespass of Samantha into My homestead and we could not return to Austin Texas, I requested the help of Austin Police Department, but, the police report shows Westbrook not only ignored such report, but immediately retaliated against Me with the first false warrant which is described in the police report as a “warrant for anything” and was for child endangerment, which the code does not even apply, and can be proven false with the statement of the Sister of Samantha; Jemima Lowry, and also by the statements of Police officers at the scene, nevertheless the false warrant was issued and placing a bond of $75000 which is against the United States Constitution.
On May 29, 2007 Samantha and HER PARENTS hired the Milner Law firm, who, in a civil and criminal conspiracy, immediately started with fraud upon the court, intrinsic Fraud and extrinsic Fraud; on May 30, 2007 (been 5 days after Me and Sebastian were in Mexico awaiting Samantha arrival, who was to bring Our travel documents). Samantha and her attorneys filed the ORIGINAL pleading claiming the child was in Austin Texas with risk of International abduction and to place restrictions against Me to obtain any travel documents for the child, that way further making impossible our return to the United States. On the Same Day, The Milner Law Firm filed a Habeas Corpus stating by fraud and deception the child was in Mexico and I was secreting the child. With such actions they would make impossible our return to the United States, but also preparing to place a false Parental kidnapping warrants against Me. All these proceedings were kept secret from Me.
This can be proven by the emails at the time between Samantha and I and filed by Samantha in Ex parte secret proceedings in Travis County Texas, where me and Sebastian were awaiting for Samantha in Mexico
Because I had left my car in Laredo Texas parking lot, and I had a closing of a property to attend, I could not wait any longer for Samantha to arrive to Mexico, therefore I started to ask for Our travel documents to return to Texas, but Samantha refuse to answer or was evasive. Samantha refused to send the travel documents to Me.
Violence and dead threats by Samantha’s family started against My parents (above 65) when they knew My mother had a heart condition.
Me and Sebastian went to the border of Laredo on June 3, 2007 for Samantha to send ANYONE with our travel documents for Me and Sebastian to enter the United States, but even when Samantha family was in Austin, even when The Milner Law Firm knew of all the facts, even if Westbrook also knew and was receiving all my emails. Samantha did not send anyone with our travel documents to the border, simply nobody showed up and maliciously Samantha did not even notified Me she will not be there and not send anyone. Me and Sebastian had gone 12 hours each way for nothing. This was an actual abandonment of Samantha to the child, more when only 4 days before they claimed the Child was allergic to all types of formula and could be fatal, committing the crime of

6)Texas Penal Code 22.041. ABANDONING OR ENDANGERING CHILD
Westbrook, Milner firm and Lowry family worked in conspiracy against My rights and the rights of my son, and restrained us from returning to Austin Texas by deception and against our liberty also committing the crime of;

7)Texas Penal Code § 20.02. UNLAWFUL RESTRAINT

but also Samantha withheld by theft My travel documents committing the crime of;

8) Texas Penal Code Sec. 31.03. THEFT.

The Milner Law firm started to do all types of actions in conspiracy with Samantha and her family to keep all proceedings secret.

While Samantha and her counsels kept all these actions secret and she continued to postpone her trip. I kept requesting for our travel documents to return to Texas.

Milner, Westbrook, Samantha and her family planned, conspired, and colluded willfully and by fraud and deception and even concealed the Court Orders from me, but also with malice, by force, and threats made impossible our return to the United States.

In Austin, Samantha trespassed into My homestead, committing the crimes of;

8)TEXAS PENAL CODE 30.05 CRIMINAL TRESPASS
9)Texas Penal Code § 39.02. ABUSE OF OFFICIAL CAPACITY
10)Texas Penal Code Sec. 39.03. OFFICIAL OPPRESSION

and moved with a total of 8 people including and started illegal searches and seized all My property in violation of my Constitutional and Human rights violating his also my privacy.

I found about these criminal actions and immediately filed a police report on June 8, 2007, but Samantha in conspiracy with Westbrook removed such charge aiding Samantha and her family to engage in all types of criminal activity. Samantha claims two police officers stood by her as she threw a large rock through the window committing the crimes of

10) TEXAS PENAL CODE 28.03 CRIMINAL MISCHIEF and
11) TEXAS PENAL CODE 30.02 BURGLARY

In Mexico, Samantha family increased their violence against my parents and around June 7, 2007, I was forced to leave their home, more when, at their age of over 65 years of age and the heart condition of My mother. Samantha and her family actions were causing severe harm and anguish to them
Samantha, her family, Westbrook and Milner also started a serious harassment and threats against my Business partner in Austin.
Samantha immediately wrote to the Milner firm and Westbrook that I left my parents home. Immediately thereafter, the violence and threats against My parents increased to even Physical violence by the family of Samantha, who stood outside My Parents home of “Explanada” at all times, and physically attacking them each time would walk out of their home. My mother got very ill from her heart condition, and they were forced to leave their home. Time when I lost contact with them
Samantha Family immediately started a video surveillance 24 hours a day on My Parents home
On June 8, 2007 after I sent an email to Samantha that as soon as she would send a letter of immigration or the travel documents I will return with Sebastian to the United States, and also that she had no restriction or conditions to go to Mexico, reason why I had left her $2000 to come to Mexico, but a few Hours later By Fraud and deception, the Milner firm Contacted me by email, (which proves they had the right email) but still keeping the proceedings secret, Milner Firm simply email me to place false threats against me that a warrant of Parental kidnapping was issued.

Time when I hire that same day a criminal attorney and I immediately offered to return Sebastian. Samantha made fun of me to have called her crying trying to return the child, and she hang up the phone.

My attorney said I should not return the child without a written agreement.

Soon after, the Milner firm contacted me once again, Milner Firm knowingly with malice still keeping the proceedings secret and placing threats and harassment against My business partner and against My parents, when Milner knew; I was no longer with my parents, but also when they knew I had done everything to return with my son to the United States, and Samantha had all our travel documents. Milner already making false claims.

By this Extrinsic fraud in a criminal conspiracy against our rights made impossible our return to the United States, but also Samantha and Milner Firm refuse to even negotiate any agreement to return Sebastian, refuse to send our travel documents, and that way, they would have false and groundless claims made by Intrinsic fraud, Perjuries and Fraud upon the court to continue with the frivolous secret proceedings to deprive me and his family from all our assets and property.

The Milner Law firm and Samantha had a secret hearing on June 13, 2007, where they claim by deception and fraud upon the court, the Child was still in Austin Texas with risk of International abduction, and to keep restrictions against me to obtain any travel documents for the child, and restrictions to remove the child from Austin Texas or the United States, also they obtain by fraud and deception full possession of the Homestead to Samantha and restraining orders against me, even placing restrictions for me to press charges of Trespassing, that way seized all my personal documents and property. And if I would violate the order, will be subject to criminal and civil penalties while working In conspiracy with Westbrook who removed the criminal trespass I had filed.

Then Samantha in conspiracy with the Milner Firm and Westbrook by fraud, perjuries and deception, by intrinsic and extrinsic fraud, by fraud upon the court, concealed my emails and my police reports, they concealed Samantha was in fact trespassing into my Homestead, and concealed Samantha withheld by theft my travel documents and by fraud, all the documents of Sebastian. Also by fraud and deception withheld and concealed that Samantha was to arrive to Mexico on May 28, 2007 and she postponed her trip and we were awaiting for her in Mexico, also concealed all the attempts I was doing to return to Austin Texas with my son, and even that Samantha had no restriction to go to Mexico, not even disclosed that I had gone with my son to Laredo on June 3, 2007 to enter the United States; all these information and more was withheld, concealed, covered up, with false entries from the FBI, from the Judges, and from others and claimed to them by fraud and deception I had left to Mexico with the child in violation of the Court Orders (which were withheld by fraud and deception from me), Samantha and her attorneys also claiming by fraud and deception I was secreting the child aided by my Parents. With such malicious actions Samantha and her attorneys in conspiracy with Westbrook obtained the false warrant of Parental Kidnapping against Me on June 18, 2007. This way they will make Impossible for me and my son to return to the United States against our rights. All in ex parte secret proceedings without notice or service. All to prevent Due Process

By these actions, Westbrook, Milner firm and Samantha in conspiracy with others also committing the crimes of ;

12)TITLE 18 U.S.C. SECTION 241; CONSPIRACY AGAINST RIGHTS TITLE 18 U.S.C.
13)TITLE 18 U.S.C SECTION 242; DEPRIVATIONS OF RIGHTS UNDER THE COLOR OF LAW
14)TEXAS PENAL CODE 37.09 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE:
15)Texas Penal Code § 42.07. HARASSMENT:
16)Texas Penal Code Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
17)Texas Penal Code Sec. 39.03. OFFICIAL OPPRESSION.
18) Texas Penal Code Sec. 15.02. CRIMINAL CONSPIRACY;
19)Texas Penal Code Sec. 42.072. Stalking.
20)Title 18 Section 16. Crime of violence
21)Texas Penal Code 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING

These crimes continued as described below;

The conduct of Samantha planned, conspired, and colluded with all her family, friends and counsel knowingly, intentionally with the specific intent to cause substantial injury and harm with Intentional infliction of emotional distress, mental anguish, and even with the use of physical violence as a distraction against me, against my family and even my business partner, as a distraction to deprive us by fraud and theft from all our assets and even the assets and property of my family and preventing me from any possible help.
Samantha in conspiracy with Adelante solutions, Westbrook and Milner Firm started a Public defamation, libel and slander to publicly destroy my reputation and the one of my family through published statements made to the media and other acts, all of which were designed for the express purpose of holding me and my family up to public ridicule while they kept frivolous, groundless and without foundations suits created by fraud and deception by their actions of the conspiracy against our rights to deprive us from all our property, assets, rights and privileges and even with the use of physical violence.

Once Samantha in conspiracy with others and by extrinsic fraud made impossible the return of me and my son, had also obtained two false warrants against me. Samantha even continue to withheld all our Travel documents, and continue with restrictions against me to obtain any and Samantha and others remained illegally in my Homestead.

Then I found of the suit on June 19, and I immediately hired a family attorney, who made AN SPECIAL APPEARANCE TO NOTIFY THE COURT OF THE ILLEGAL AND CRIMINAL ACTS OF SAMANTHA and my attorney notified the Court I could not return to Texas with my son, by Samantha having our travel documents and who also made false claims to make false warrants.

Soon after, Samantha knew my Parents left their home in June, 2007, she claims some allege raids were made in the my parents home of “Explanada” in Mexico while it was vacant, but there is no legal record of such raids anywhere, in fact they were a huge theft. Documents stolen from such home, were used in Austin Texas Court by Samantha and her counsel, including financial records used by fraud and deception and fraud upon the court to obtain all types of illegal amounts, and even Milner and Samantha used a bank statement were the sole owners of such account were my parents, the Milner Firm manipulated by fraud and deception the Judge and the Court, claiming by intrinsic fraud and fraud upon the court, such account was from me, and even using an 8 month old statement because it had the highest balance, but who they knew had only less than $3000 Balance at the time it was used by them.

July 6, 2007: Samantha in conspiracy with others, started a secret second lawsuit against me and his parents, and to obtain false jurisdiction by Fraud Upon the court, claimed all events happened in Travis County and Samantha made all types of aggravated perjuries and false pleadings in continuance of their intrinsic fraud, based on their extrinsic fraud and in conspiracy against our rights.

Also by perjury Samantha in conspiracy with her attorneys also obtain illegal liens and writs against My Parents properties, without notice, and without hearing.

Samantha and her attorneys purposely and by fraud kept the last known address secret.

The actions of Samantha, and her attorneys continued on the same “Modus Operandi”
Such suit was even kept secret even from my attorney, from my brother and sister who Samantha had contact with.

During this time Samantha in conspiracy with others; had investigators who had under surveillance my parents, ( Samantha counsel even produce during the request for discovery of 2008 a photo of my mother outside of the true last known address of “Paracaima”, where they never attempted service) while Samantha and their attorneys knew, me and my son were in Veracruz with Carolina Heinen since I continue to communicate with Samantha attempting a resolution to be able to return to Texas and Samantha claimed they always trace my emails and knew I was in Veracruz.
Samantha family kept the home of “Explanada” also under surveillance to keep it vacant.
Police believes it was the Samantha family who broke into the home of my Parents to steal all the records that were used for fraud, by them, in Austin Texas Court

During this time they requested the child to be returned to the British Embassy, while placing threats they will flight him to England, and to deliver the child to Samantha’s brother who had claims of Sexual abuse to children in the past.

Samantha in concert with others started all types of International news against me and my family and all types of false claims, Libel defamation and slander, and with malice making even false claims to place in danger the life of me and my son.
Samantha while she and 8 people were trespassing into my homestead, concealed all the documents and records from the Court and others, including but not limited to the deeds and liens; and that Samantha and I lived from loans of my Parents , and the sale of my Fine Art, but also Samantha withheld my taxes which showed I had only made $18000 for the whole year of 2006. Committing the crime of

THE SETTLEMENT AGREEMENT

I kept trying to reach an agreement and on SEPTEMBER 22, 2007 me and Samantha reached an agreement that is nearly equal to the Settlement agreement of December 3, 2007, apparently Samantha believe since it was past the appeal time of one month, it was too late for me to take any action, but once the Samantha passed it to her attorneys, Samantha started to sabotage such agreement and started with all types of threats, violence, and even the Lowry Family started with serious Murder attempts against my Parents in Mexico, which my father of 79 years old reported such murder attempts to Police.
I started a mediation, and Samantha was to come to Mexico for such mediation, then Samantha in Conspiracy with her Mother Susan, on October 3, 2007 published a website full of defamation, libel and slander against me and especially attacking my father, and also Susan using it for an international Fund raising fraud and giving several ways people could send donations to them. Also saying in such site, that a warrant against Me reached Mexico when at the same time, Samantha wrote to me to meet in person for mediation, this way giving the impression, they had not won anything and making impossible a meeting.
Samantha and their attorneys continue to keep the decree of August 13 and Judgment of August 22 secret and started also to auction the real estate of my mother without notice or service, in such auction, did not appear on the court list of properties to be auctioned, and Samantha claimed she had the buyer.
Then Samantha and her family continued with the international fund raiser, even appearing in International news claiming they needed money for their attorneys, when in fact it was a way to deceive and defraud internationally other people to obtain additional illegal gains by fraud, but also as deception to conceal what they had won anything and that in fact her attorneys worked on recovery.
This further shows how they defrauded people internationally of their money, by fraud, deception and when they had already emptied all the bank accounts of my parents without notice and were auctioning hundreds of acres
The extreme anguish that was made with intentional malice and intentional infliction of emotional damage against me, against my family and others, who did not even know what they had won, could be impossible to describe, Samantha and their family antisocial and psychopathic behavior was clear .
Since me and My Parents had lost contact since June, they were trying to find what happened to me, time when they found on the internet their properties were been auctioned and immediately hired an attorney who later found of the judgment out of jurisdiction against them of 35 million and countersued Samantha
Me and Samantha continue to negotiate the Settlement Agreement, where Samantha in conspiracy with her family and others started all types of dead threats, threats of sexual abuse, threats of rape, of beatings against me as to attempt to sabotage the Settlement agreement of September 22, 2007 or any other agreement. They purposely attempted to destroy me in every way to try to end the mediation we had, while I was trying to reach a resolution and during pending mediation to reach a settlement agreement.
On recently obtained evidence, Samantha brother in conspiracy with Samantha and others exhibited an email they claim to have sent to even Judge Dietz and several other Judges of Travis County, an statement in such email by Samantha writes referring to me “it is intended to give him extreme fear and humiliation” and also wrote “ we pre-warn you …and advice not to read them” this was made for the purpose to prevent the Police and Judges to review any of all the evidence I was sending to them that prove the fraud and crimes of Samantha in conspiracy with others, but also shows the intentional infliction of emotional distress against me and the malice of Samantha.
The Violence of the Samantha and his family increase as a retaliation against me when I was sending evidence to several people in mediation that included people from the Embassies, FBI, Police and several others, time when the Samantha family also retaliated against My parents with further murder attempts, including the use of deadly weapon. The emails of Samantha continued extremely violent of a sexually depraved nature, dead threats, rape threats and nearly impossible to read, more when, she did not even speak about reaching the agreement
On November 5, 2007, I receive through my attorneys in Mexico who were part of the mediation, an email from the Milner Law Firm, who had sent an email of November 3, 2007 claiming I had sent such email, and that I would kill my son in 72 hours and other insane allegations, immediately I wrote to all the parties and people part of the mediation I had not sent such email, not even from my email account and Sebastian was perfect, in fact, I send at least 6 emails on November 5, 2007 received by Samantha that I had not sent such email. (Exhibit A hereby attached)
My emails were focus to reach an agreement and bring all to a civil and civilized process, I attempted to make the mediation as simple as possible, and in the best interest of the Child where he will be protected by all means possible, but Samantha emails were nearly all threats of sexual depraved nature, dead threats and how they were destroying my personal and intellectual property, threats against my parents, and all types of sick “made up stories” against me and my family to prevent and sabotage mediation, and make sure such emails she was sending were impossible to be sent to the people who participated in mediation and all such emails of Samantha, without any attempts to reach any agreement, in fact, just to try to sabotage the agreement me and Samantha had already reached since September 22, 2007.
.With above actions, Samantha in conspiracy with others, also committed the crimes of

22) Texas Penal Code Sec. 22.04. INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL
23) Texas Penal Code Sec. 22.01. ASSAULT.
24) Title 18 U.S.C. § 2261A Interstate Stalking
25) Title 18 U.S.C. § 2261 Interstate Domestic Violence
26) Title 18 U.S.C. § 875(c) Interstate Communications
27) Title 18 Section 16. Crime of violence
28) Texas Family Code § 71.0021. DATING VIOLENCE.
29) Texas Family Code 71.004. FAMILY VIOLENCE.
30) Title 18 § 1513. Retaliating against a witness, victim, or an informant
31) Also in violation of the court orders and along several other crimes.

Then my parents and their attorneys started a suit against Samantha

Soon after an agreement was reached between Me and Samantha, who by her testimony, also all her family and others participated into the terms of such agreement Then Samantha passed such agreement to Milner firm who MODIFIED THE AGREEMENT, including adding In exchange for Sebastian as described below, which I did not complaint as it describes the process where Samantha was to deliver my travel documents and also the travel documents of Sebastian and further describing the details of the meeting were also a pediatrician was to be present to check Sebastian

Samantha even sent an email asking me to pay for half the fees of Milner firm in regards to the agreement

Then on November 28, 2007, my attorney Roy Barrera, my parent’s attorney’s Forest Nelson and Mark Ray Hernandez, Samantha attorneys Joe Milner and John Foster, Samantha, and her father had a meeting in Austin Texas that lasted 10 hours to HAMMER OUR A FINAL SETTLEMENT AGREEMENT

Simply the Settlement Agreement granted Due Process and protecting the rights of all the parties granting the maximum safety to the child.

The agreement is to have Due Process that was denied and in fact, Samantha in conspiracy with others, by fraud and deception prevented Due Process even with the use of physical violence.

The Settlement Agreement is to start all court proceedings from the beginning were each of the parties will have a fair trial, they could be heard and be present in court and where the child will be highly protected at all times, with weekly visits to a doctor or agency to check in his well being, for Samantha to return the exempt property including my homestead and all other exempt property that was obtained by fraud and theft by Samantha. No party will lose any rights, the opposite, the settlement agreement was for the purpose to stop all the violations of all the Human, Civil and Constitutional rights violated, but also all the Children Rights violated and to keep the child protected and away from any harm, and preventing any abduction by keeping the travel documents of the child in the embassy of the United States. The Settlement Agreement will simply start Due Process in a civil, civilized, a legal process.

The Settlement Agreement was executed in Mexico City on December 3, 2007 in presence and endorsed by the United States Consul, British Consul, Director of the Central Authorities of Mexico, a Mexican notary public, a pediatrician who check Sebastian and found him to be in perfect health, time when Samantha also requested a DNA test on the child, time when I realize, that in fact, the child may not be mine, more when, Samantha discover to be pregnant in England while I was in Mexico and Samantha was always highly promiscuous.

I complied with the Settlement Agreement in every clause.

The Settlement agreement was filed as required under rule 11 agreement on the three existing cases in Travis County.

Also Valid under Mexican Laws

But Samantha in conspiracy with her attorney and others, by fraud and aggravated perjury, used false evidence, and made false claims of duress using the fake email of November 3, 2007 that Samantha and her counsel knew it was a fake email, but was planned in advance, in conspiracy to breach the settlement agreement and continue with their unjust enrichment, fraud and theft, and to prevent Court proceedings, and further obstruct Due Process, by these actions to continue in the conspiracy against the rights of me and my family, more when they knew, if I would have Due Process and the evidence I has against them, they will lose everything they obtained by theft and fraud

Samantha brought with her the prepared document by her attorney she will use for the false duress claim, and signed the Settlement Agreement and the false Duress claim under oath, on the same day, with the British Embassy and United States Embassy,

Samantha did not sign any duress claim in Mexican Jurisdiction.

Samantha abducted the same day the child intentional and with malice causing a grave and permanent harm, removing him from his habitual residence and usual surroundings, from his weather, from his father who spend nearly every day with him since his birth, Samantha with malice and disregard for the child even refuse to take his toys, remove him from his language, from his usual surroundings. Which further shows the psychopathic behavior of Samantha, but also committing the crime of :

Title 18 USC 1204 International Parental Kidnapping

The emails between Samantha and me soon after the agreement was reached, shows very clearly the Samantha did not care at all for the child, and also shows very clearly the care and concern I had for my son. Sebastian was abducted when he was 8 months old

By the breach of the Settlement Agreement, Samantha in conspiracy with others continue to deprive me and my family of all our property and assets by fraud, by theft, without due process, nor the opportunity to be heard.

Milner made yet another fraud upon the court and filed the false duress claim, using by fraud and deception; false claims and false evidence and also fraud against me and my family. Milner also knew, the Exhibit he use of the November 3, 2007 to claim the duress, was fake evidence and not sent by me

Our attorneys filed the response to such false duress claim and also file the intervention for access by grandparents to the child

On or around December 22, 2007 my parents entered their home in Explanada to find that people lived there and was a huge theft, a huge theft of documents and all types of valuables.

It was until that time that I was able to have contact with them again and met in person, time when I deliver the evidence to my father, who told me of the murder attempts and criminal actions of Samantha family against them after we lost contact

My parents went to Austin Texas on or around January 20, 2007 to attempt a hearing and a deposition, time when they deliver the evidence to their attorney Mark ray Hernandez (Good friend of Milner) but immediately the hearing was cancelled and also their deposition.

On or around January 26, 2007 my parents return to Mexico, and , in less than two weeks my father was murdered in front of his wife at 79 years old,

Immediately me and also my mother received dead threats if they would go to the United States.

On or around March 18, 2008 one month ten days from the murder of her husband (my father) who they were married for 49 years, the harassment with malice and for the intentional infliction of dead against my mother who had a heart condition and above 65 years of age, was forced to give her deposition, in Austin Texas. Such deposition lasted over 5 hours, with questions out of the scope of discovery and when she was the plaintiff to the suit. Mark ray Hernandez failed his fiduciary duties, and did not even object to several matters, My mother even asked for a small recess twice because she did not feel well, but even such requests were denied.

Even if a property of 20 acres that belong to my father, (passed by law to my mother) even with the Valid Settlement Agreement, even with pending proceedings; a property of 20 acres adjoining commercial property in two sides was sold on April 1, 2007 without notice to my mother who had become the legal owner, was auctioned also against the Constitution, without Due Process and that had an existing lien. Even if my mother was in Austin Texas on March 18, 2008 for a few days, even when her deposition was with the Milner firm, even when, they knew she had become the right full owner, they did not told her, they did not notified her in anyway.

Then the final trial took place on April 14, 2007, but the attorney for my mother Mark Ray Hernandez withheld the Subpoena from my mother to make sure she would not give her testimony, and Mark Ray Hernandez claimed it was an attorney only hearing. Mark Ray Hernandez also withheld all the evidence my father had delivered to him before his murder, Mark Ray Hernandez did not use any of it in Court, but all the Samantha´s family was in such Trial to give their false statements and perjuries.

Representatives of the Mexican Consulate got to see this and called my mother who immediately went to the Airport ready to fly to Texas, but once in the Plane, they called her to say the Trial had ended.

Nevertheless, my Mother had also another attorney who was present in such Trial and the court ruled in favor of my mother granting a new trial, and the Judge did not grant the duress claim of Samantha.

It was until July of 2008, that a document was signed by the court in yet another fraud upon the court, were it was denied the injunctive order in regards to the Property of 20 acres that was already auctioned on April 1, 2008. Such document under the name of Guadalupe (my mother) who had become the legal owner and in breach of the April 14, 2008 ruling that was ruled in favor of my mother, but also in breach of the Settlement Agreement and such property with an existing lien balance of $ 110 000 Dollars, now payable to my mother

On May 2008 I started with Hague proceedings under the Settlement Agreement for the return of the child to Mexico, but up to date Samantha has withheld and entice away the child, aided and abetted by her Family and her Attorneys

Up to date, Samantha and her attorneys holds illegal possession of all my exempt property, even my homestead, furniture, even all my personal documents, work tools and also all other property.

I DANIEL PAVON CUELLAR HEREBY AND STILL UNDER OATH, CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, ALL ABOVE STATEMENTS ARE TRUE AND CORRECT

Texas Penal Code 32.47(2) FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT.

I could not afford my attorney any longer and soon thereafter even attempted once again to return the child, now to the British Embassy, but the British Embassy vice consul said to me, I needed an attorney, therefore I was not able to return the child.

I started several mediations, one with the father of Samantha, but was sabotage, then with Samantha, but was also sabotage, with Milner firm but was also Sabotage. With Adelante Solutions but they only replied once.

Time when I started to write to several law enforcement agencies and news, and started to expose the fraud by sending them evidence, which only resulted in retaliation against me and my family by the people within the conspiracy and several others.
The Milner firm by fraud and deception made all types of false pleadings and obtaining all types of illegal amounts not even allowed in Texas. Samantha and her Attorneys by Fraud upon the court and using intrinsic fraud, aggravated perjuries, stolen financial records from my Parents, obtained Child support without any type of evidence of income and even without the child…
I even requested our travel documents from the Milner firm, and other documents but Milner firm did not send any, furthermore, Milner law firm in conspiracy with Samantha, continue with the fraud upon the court, even using other stolen documents and by intrinsic fraud and fraud upon the court; claimed all the properties and assets of my parents were mine, without any proof of any kind, just aggravated perjuries and stolen and manipulated documents that in fact, such documents prove they were property of the my mother, but committing perjuries and manipulating the Judges, who, did not review any of the evidence in any of this Ex parte proceedings.

Then, on August 10, 2007 at 8.48 pm Milner sent by email the fourth amendment petition even attempting to sell my homestead, the petition is misleading and did not even come with the time of the hearing nor the location and before 72 hours from the final trial in violation of the TRCP. Such petition and what they obtained from court is totally different.

My only course of action was to sent a letter through the Milner firm and Samantha to deliver to the Judge, but such letter was withheld from the Judge, Samantha and their attorneys also concealed the Taxes, the liens and all other debt me and Samantha had, in such letter sent to the Judge, which also specified the home they were attempting to sale was my HOMESTEAD and further described the extrinsic and intrinsic fraud under the very limited amount of information and knowledge I had at the time and how Samantha made impossible the return of Me and my son to Austin Texas, Such letter was not even included on the list of Exhibits of the final trial

Without Due Process, without legal notice, without the opportunity to be heard, without the opportunity to be present in any hearing and with all the criminal activity above described, By Fraud and deception in a criminal and civil conspiracy, with even physical violence and by the extrinsic Fraud, Intrinsic Fraud, and Fraud Upon the Court; Samantha in conspiracy with their attorneys and others obtained through this frivolous suit;
(without any proof of any of their claims, without evidence, without receipts of amounts, without proof of income, without evidence to prove any of their false claims and with only 18 exhibits that in fact prove their fraud and even that the my home was my homestead (protected by Law and Constitution) and how they made impossible our return and the one of my son)
On August 13, 2007 Samantha and her attorneys obtained all types of illegal amounts and other property, including an illegal child support of $4117 a month, custody of the Sebastian, my Homestead (Against the US and Texas Constitution), around 500 Fine Art Paintings of the 1732 Fine Art Paintings (1200 the Samantha claim to have burned them with the help of all her family) and much more, including attorneys fees for around $200000 (for 2 months and a half proceedings without contest without evidence and without receipts) also a cash bond I will need to post of $300 000 if I would ever want to see My son.

Everything obtained by fraud upon the court, by extrinsic fraud, by intrinsic fraud, in violation of the United States Constitution and Texas Constitution, in violation of Human and Civil rights, without Due Process, against Children rights, in Violation of International Treaties, in violation of the Law, without legal notice and without proof of any of their claims, not even income.

The Homestead, the 1732 Original Paintings were property of my father under liens payable to him that were concealed by Samantha as well

THE DECREE WAS ALSO KEPT SECRET AND NOT SERVED

Samantha and her counsel by fraud and deception, by aggravated perjury, by fraud upon the court gave a wrong, incomplete, last known address, not even with a zip code, and such address they knew it was vacant to make sure service or notice will not be served. Such house kept vacant by Samantha family in Mexico with the use of physical violence.
Under the Texas Family code § 152.205. NOTICE; OPPORTUNITY TO BE HEARD; b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
Texas Civil Practice & Remedies Code § 61.082. HANDLING AND TRANSPORTATION. A court may not issue any process of attachment, execution, sequestration, replevin, or distress or of any kind of seizure, levy, or sale on a work of fine art unless the court requires, as part of the order authorizing the process, that the work of fine art is handled and transported in a manner that complies with the accepted standards of the artistic community for works of fine art, including, if appropriate, measures relating to the maintenance of proper environmental conditions, proper maintenance, security, and insurance coverage. This was not done.
My Homestead could not be granted nor other exempt property protected under the Constitutions and Laws
The child support they obtained is illegal in Texas, but also no evidence was given of any income and my taxes were withheld and Samantha and her attorneys did not follow Texas child support guidelines and other violations in the decree.
By my income, Samantha could only have been entitled to a maximum child support of $150 a month, Samantha was not entitled to any part or possession of the Homestead, Samantha will have to pay half of the debt that was incurred during our relationship and the child will have to remain in Austin, Texas. And by the evidence of violence and harm of Samantha against me, against my property, against my family, her neglect and abuse of Samantha against Sebastian, she could not even have custody of the child, furthermore, by the criminal acts of Samantha in conspiracy with others, by law, by the Constitutional rights of the equal protection of the Law, Samantha could be prosecuted for several State and Federal crimes
In violation of the Texas Family Code 261.001; Abuse, Neglect
Just these amounts prove the Decree was obtained by fraud upon the court, by intrinsic fraud and by extrinsic fraud.
Then Working in conspiracy with a process server Mike Techow who claimed by aggravated perjury a service that he never made; on August 22, 2007 a totally secret Final trial took place and Samantha and their Attorneys obtain a 35 million dollar Judgment against me and my parents, plus another nearly $ 300000 on attorneys fees.
Most of the evidence used in this trial are stolen records, manipulated, altered, fabricated, even hacked emails altered in translations, more stolen records from the my parents home in Mexico of Explanada, but also while Samantha had access to other documents by the criminal trespass into my Homestead, concealed my Taxes, the Liens, and other debt we had, Samantha concealed such records, and from the records they used in court, mislead and committed aggravated perjuries in concert with her counsels to mislead the Judge and further commit fraud upon the court with Extrinsic and Intrinsic Fraud.
Westbrook and Samantha also participated in “fabricating evidence” from the homestead of Westbrook.
Nevertheless, such records used by Samantha and their counsel proves the fraud as well and the criminal actions of the conspiracy against our rights as well as the frivolous and groundless suit. And in fact, all the evidence they used does not prove any of their claims
Such damages are also against the Law, and could not be granted, neither the interest. Neither by Jurisdiction, neither extreme damages, in fact all amounts were obtained by fraud and deception and in violation of the Law, against The United States Constitution, against Civil and Human Rights on another fraud upon the court based on frivolous, groundless and without foundation claims and possible by the criminal actions of Samantha in a civil and criminal conspiracy with others, by Fraud upon the court and extrinsic and intrinsic frauds to deprive the Pavon Cuellar from all our assets and property, rights and privileges, in SECRET, BY FRAUD and without Due Process
Such judgment was also kept secret from me and my family.
The Judgment and Decree obtained Ex Parte WITHOUT A JURY
Then immediately the Attorney firms started to empty the Bank accounts from my parents, and purposely and by fraud continue to give the wrong last known address, incomplete and without zip code; to constable, the district clerk, and even the bank, to make sure no notice will be received by me nor my family, even when Samantha and her attorneys knew exactly where the my parents were in Mexico City.
Samantha family remain in Mexico City keeping vacant the home of my parents, even with deadly threats against my parents, but also by fraud and deception manipulating law enforcement and making more allege raids, (without any legal record up to date)
Nearly three months after such Judgment was granted, the process server Mike Techow filed another affidavit in Court claiming, in fact, he did not serve any of the parties to the suit, which that itself makes invalid and void such Judgment, as violated the TRCP on service and such Judgment could not have been granted without service.
But also Mike Techow knew of the non service since before the Final trial, but withheld such information from the court.
Samantha’ kept writing to me explaining how they were destroying my homestead, my murals that took me 7 years to paint, how they were destroying my garden and my personal property, and stealing all my assets. Even that they burned 1200 of the Fine Art Paintings in conspiracy with all the members of her family. Samantha and her family committing the crime of Theft and Criminal mischief, were just the value of the Fine Art Paintings stolen exceeds $4000 a piece a felony on the first degree.
During all this time, Samantha did not even ask about the Sebastian, even when we remain in communication all the time. And Samantha in conspiracy with her attorneys continue to withheld the Decree and Judgment, and even give the wrong last known address, incomplete, without Zip Code from the Court, District Clerk and Constable, and therefore, I had no knowledge of anything they had won.
Also Samantha continued to withheld our travel documents that I kept requesting from her.