THE LAWSUIT VS THE MILNER LAW FIRM, MINTON BURTON FOSTER AND COLLINS ET AL

PLAINTIFF’S ORIGINAL CLAIM,
TO THE HONORABLE COURT, TO THE JURY AND THE PUBLIC:

Comes now Daniel Pavon Cuellar PLAINTIFF herein, and other similarly situated hereby set the following claims against defendants and evidence will be clearly provided to the Court, the Jury and the public, the claims herein true and correct:

I.
PARTIES.

PLAINTIFFS
Daniel Pavon Cuellar also known as Artist Dapacu, Texas Resident, with homestead purchased on 1997 At 7005 Whispering Creek Austin Texas on 1997, representing others similarly situated, also VICTIMS OF CRIMES, acts and omissions of defendants.

DEFENDANTS.

Joe Milner Aka Joseph Milner, Joe D Milner, Joseph D Milner attorney and Texas resident, who can be served at his attorneys office 3401 Glenview Avenue. Austin, Texas 78703   or homestead at 9906 RICHELIEU RD , AUSTIN, TX 78750-2834.

Jami Milner aka Jami Milner Turner, Jami Turner , Texas Resident, attorney and whom can be served at 3401 Glenview Avenue. Austin, Texas 78703

Andrew Westbrook Police detective for the Austin Police Department, whom can be served with Art Acevedo as Chief of Police of the Austin Police Department at 715 East 8th Street. Austin, TX 78701

John Foster Attorney for Minton Burton Faster and Collins whom can be served at 1100 Guadalupe St. Austin, TX 78701.

City of Austin is a political subdivision of the State of Texas. Can be served at City of Austin City Manager, Marc A. Ott at 301 W. 2nd, 3rd floor, Austin, Texas 78701 and further liabilities will be shown during the course of proceedings.

*Samantha Jennifer Lowry, AKA Jane Lowry, Sam Lowry, Jennifer Lowry and other aliases. Address unknown and by information and belief her name has also changed. Previous proceedings have taken place against Samantha Jennifer Lowry, et al, but failed to respond. Recent findings: Samantha was unlawfully restrained against her will in Texas, Around June 4, 2007 to prevent her to go to Mexico where she would be legal and be with her child and at the time she was illegally in Texas.

Joe(S) Doe and Jane(S) unknown address and names concealed maliciously.

II.
JURISDICTION, VENUE AND DISCOVERY PLAN

This Court has Jurisdiction, because the events giving rise to the claims herein arise in Travis county Court and Travis County Texas, and continue up date in Travis County, with property located therein.

Venue is proper in the Southern District of Texas, because a substantial part of the
events, act and/ 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).
These same records will be filed in other proceedings only as for applicable purposes.
Criminal/Civil

III.
JURY DEMAND

Plaintiffs demands a trial by jury on all issues.

IV.
CAUSES OF ACTION.

URGENT NOTICE: A PECUNIARY LOSS OF AROUND $ 250000 WILL BE CAUSE IF DEFENDANTS ARE NOT IMMEDIATELY AND PERMANENTLY RESTRAINED FROM PLACING AND MAINTAINING ILLEGAL LIENS AND WRITS AGAINST PROPERTIES OF PLAINTIFFS AND FAILING TO PROVIDE THE EQUAL PROTECTION OF THE LAWS.

Including but not limited, liens writs attached wrongfully against the property at 7005 Whispering Creek, Homestead of Plaintiff when the liens were maliciously attached.

Against Defendants jointly, severally and as applicable for;
Defendants in conspiracy with others engage on the tortuous and criminal acts hereby denounce, and other illegal acts further referred on Exhibit C to be used during proceedings and will be shown to the Court, the Jury and the public during due process, defendants are liable for:

1) Abuse of Trust.

2) Conspiracy, INCLUDING aiding and abetting;

3) Deprivation of rights under the color of law, were kidnapping and homicide has occurred and Cruel and inhumane punishment for victims of crimes and without notice, without due process and without the opportunity to be heard. Be deprived of all, property, rights, assets, bank accounts savings, all without notice and extreme violence ending in kidnapping and homicide. Fully recorded case with evidence

4)§ 38.12. BARRATRY AND SOLICITATION OF PROFESSIONAL

5) May 30, 2007: Trespassing through breaking a window (Police Statement), with intend to commit several felonies, including but not limited to:

6)Theft

7) Unlawful restrain THAT BEGAN June 3, 2007 at 6PM and continues to date.

8) Another Victim: Sebastian John Raul Pavon Cuellar. Crimes against children, including but not limited to;

a) Child Abuse.

b) Child abandonment of baby of two months old, in the summer heat of Laredo when he was returning home already after a 12 hour bus ride and when he was expected to die. ( By claims of defendants : Allergic to all types of formula) therefore,

c) Attempted murder of a child of 2 months old and to be used for gains and

d) Exploitation, even through media and;

e) International kidnapping in Mexico and United States.

9) Forgery of Official records for the commission of crimes.

10) Tampering with evidence.

11) Illegal searches and seizures.

12) Theft of documents including financial records stolen from the homestead of the home of the victims nearly 80 years old in Mexico City, even bank statements and presented in Travis county by defendants exparte and used for fraud, to even deprive them from all bank money without notice.

13) Extortion,

14) Fraud, including but not limited to extrinsic, intrinsic and fraud upon the court.

15) Illegal liens and writs, without any legitimate debt.

16) Intentional NO notice, including but not limited to fabrication of fake emails, providing fake last known address, incomplete address, and theft of correspondence.

17) Responsible of Homicide of Raul Pavon Sarrelangue, 79 years old, also victim of several other crimes of defendants. (Crimes against the elderly)

18) Robbery of over 1100 Fine Art Dapacu Paintings. Illegally seized, illegally obtained, illegally sold.

19) Theft by fraud of real estate, including illegal auctions, without notice or due process.

20) Attempted Murder in Travis County Texas of one of their victims, above 65 years of age and with heart condition.

21) Guiding and directing deadly force against the elderly and children, even internationally; for gains.

22) For crimes against children.

23) Crimes against the elderly.

24) Violation including but not limited to TRCP, Code of Ethics, Laws, Treaties, Process, Jurisdiction, Oath of office.

Additional claims will be brought against defendants in the course of proceedings, including but not limited to violations to several codes on attached Exhibit C and clear evidence will be provided to the Court, the Jury and the Public.

25) BIAS

26) And amongst the illegal acts of APD employee Andrew Westbrook including but not limited to what evidence (a Police Report illegally obtained and illegally filed in Travis County Texas) proves;

A) Extensive Perjuries and Aggravated Perjuries.

B) Illegal Searches and Seizures.

C) Changing the testimonies of other officers and of witnesses to malicious and perverse stories for malicious prosecution.

D) Concealment of material facts, including trespassing and theft of travel documents of the plaintiffs, as well as preventing the return of Plaintiff and the child to their country, with extreme malice , abuse of office, aggravated perjuries and omissions, as well as failure to protect family, property, laws and Constitutions and deprive in conspiracy with others, from all rights, assets and property from already victims of crimes.

E) Removal of police reports from the records made by the victim.   (Victim=Plaintiffs)

F) Aiding and abetting the commission of several felonies including but not limited to; robbery, burglary, trespassing, kidnapping, child abandonment at the time the child was expected to die, unlawful restrain, retaliation, tampering with evidence and further violations to codes hereby attached as Exhibit “ C”

G) Engaging in an Affair with the allege victim, Samantha Lowry, including but not limited to fabrication of records from “Westbrook” homestead after 9 Pm.

H) Giving “the heads up” to media when the case could not be made public by been under Hague Proceedings (treaty) and did so with malice and the use of aggravated perjuries, providing even confidential information for press release.

I) Contacting the FBI making all types of false claims, with omissions of the true material facts, including but not limited to trespassing, theft of travel documents, and defendants conspiracy to unlawful restrain, child abandonment, and making false reports of missing child working in juvenile services and to maliciously obtain a federal warrant against the victim at the time he was attempting to return to his country, to further make impossible their return. And when the FBI was clear no Interference of custody no abduction, but perhaps did not know plaintiff was unlawfully restrain to prevent his return and that of the child to their country since June 3, 2007, by the main material omissions of defendants and other criminal and fraudulent acts, including fraud upon the court made by defendants et al (Conspiracy), including but not limited to engage in Court proceedings claiming the child was in Texas when he was not.

J) Failure to protect property and family, The allege motto of Austin Police Department, but the opposite, promote family violence, theft, and violence, including knowing of trespassing of ex girlfriend to Plaintiffs homestead by breaking a window and ignoring the distress calls and police reports of the victims of crimes.

K) Failure to act on the police reports made including but not limited May 30, 2007, May 31, 2007 and June 7, 2007 and thereafter up to date

L) And maliciously claim to plaintiff in response to his police report, APD will secure the property when in fact the police report is very specific they “lured” the victim

M) In fact, by fraud and deception APD made believe the victim, his property will be secured, when in fact APD aided the trespassing, robbery and burglary and conducted illegal searches and seizures and several other crimes followed.

Resulting in extreme damages, including extreme pecuniary loss, even to the property trespassed, also ending in Kidnapping and homicide, crimes against the elderly, crimes against children, and robbery of over 1100 fine art paintings, but not limited to.

( Please note, the above claims are proven with the police report and records provided illegally and by fraud by Defendants whom filed such report in the secret GN suit on August 22, 2007, a fraud of 35 million plus. EXPARTE

Evidence of the claims will be provided to the Court, the Jury and the Public and will be made available electronically at www.Plaintiffs.Tv.

V.
INJUNCTIVE RELIEF.

DEFENDANTS ARE HEREBY GIVEN THE OPPORTUNITY TO VOLUNTARILY REMOVE THE LIENS AND WRITS WRONGFULLY ATTACHED TO 7005 WHISPERING CREEK , HOMESTEAD EXEMPT AT THE TIME.

SUCH LIENS AND WRITS, WRONGFULLY ATTACHED AND WRONGFULLY MAINTAINED.

ALSO TO VOLUNTARILY COMPLY WITH THE REMAINING CLAUSES OF THE SETTLEMENT AGREEMENT , HAMMERED OUT BY ATTORNEYS OF ALL THE PARTIES AT THE TIME AND SEVERAL PARTIES AFFECTED BY ITS BREACH (AGREEMENT OF ATTORNEYS)   AND MADE ON GOOD FAITH, WITH CONTRACTUAL OBLIGATIONS, FIDUCIARY DUTIES AND TRUST.

THE ETHICAL AND RIGHT THING TO DO, EVEN WITHOUT CONSIDERING THE MATTERS EXPLAINED HEREIN.

In the event defendant do not, comply with the attorneys agreement and do not remove the illegally attached and wrongfully maintain liens and writs against homestead exempt property at the time and through fraud and crimes of violence,

The property contains extraordinary murals, historical to Austin, and such cultural property, is in extreme danger of been loss fully, with pecuniary loss impossible to determine. HOMESTEAD; TRESPASSED, UNPROTECTED AND SERIOUSLY DESTROYED TO MAKE IT INHABITABLE and unsellable by clouds on the title by defendants.

The property is for sale to pay past due taxes, caused by also the unlawful restraint and criminal acts of defendants, but cannot be sold because of such liens and writs.

Plaintiff have buyers ready and contract.

City of Austin awaiting payment of Taxes.

The court to order defendants to immediately remove the liens and writs, without hearing, By one or more of the following;

1) Under the settlement agreement, attorney agreement.

2) By proceedings of non service

3) By been homestead exempt at the time the liens were placed and attached.

4) And taking in further consideration, the claims set herein against defendants.

URGENT NOTICE PROVIDED: A PECUNIARY LOSS OF AROUND $ 250000 WILL BE CAUSE IF DEFENDANTS ARE NOT IMMEDIATELY AND PERMANENTLY RESTRAINED FROM PLACING AND MAINTAINING ILLEGAL LIENS AND WRITS AGAINST PROPERTIES OF PLAINTIFFS. INCLUDING BUT NOT LIMITED TO 7005 WHISPERING CREEK, HOMESTEAD EXEMPT AT THE TIME OF PLAINTIFF, AND BASED ON A CHILD SUPPORT WHEN SUCH CHILD IS NOT OF PLAINTIFF. FRIVOLOUS, WITHOUT FOUNDATION AND AS UNREASONABLE AS $4117 CHILD SUPPORT WITHOUT A CHILD, FOR A NON FATHER WHO MADE $ 18000.

The court to order defendants to immediately comply with the remaining clauses of the settlement agreement, an agreement reached between all attorneys on November 28, 2007 And been a contract where real estate and property is involved, becoming fraud in real estate when in breach.

An attorney agreement, a fiduciary duty and a duty of ethics, of honor, of contractual obligations, of oath and trust, a duty of trust to office, to the public respecting the United States Constitution and purpose, a duty of contractual obligations, even described and implied, even in writing to their clients. Even in the attorney bills further described and hereby attached.

ATTORNEY AGREEMENT, TITLED SETTLEMENT AGREEMENT INVOLVING REAL ESTATE. (Hereby attached as Exhibit B, invoice of attorney and description of meeting between attorney to reach the same, main body of Settlement Agreement from the total of 41 pages of the executed instrument)

FAILURE TO COMPLY IS FRAUD including but not limited to
§ 27.01. FRAUD IN REAL ESTATE AND STOCK .

The Court enter a 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, or health or life’s 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 .

The court enter a restraining order restraining defendants to any type of transaction on their assets or property all non exempt property, even corporation property, and be restrain from any type of sale, transfer, exchange, or any other type of transaction in excess of $10000 for the duration of proceedings, and until proceedings have ended and a jury trial has taken place with the equal protection of the laws granted by the United States Constitution. As by all means and with records of evidence, Defendants cannot refute the irrefutable. Their evidence.

"Defendants cannot refute the irrefutable. Their evidence".

VI.
DAMAGES

Defendants acted in conspiracy, with malice, with fraud and deception, perversely, violently, criminally with the use of violence exploiting children, violence against the elderly and violence against the most vulnerable members of our society, for gains.

Trespassed into homesteads of their victims, attack and robbed the elderly ending deadly.

Intentionally keeping proceedings of fraud secret, to deprive of all, even rights, property, assets and money, without notice and against a couple of nearly 80 years old, Malice with greed, and all for gains, ending deadly and in a robbery of millions
Abuse of trust even to Judges in Travis County Court.

Plaintiffs request and believe , they shall be entitled to an equal redress, by a Mirror Judgment by time and amount (August 22, 2007) and is hereby requested.

VIII.
PRAYER

And any other further relief, redress and protection plaintiffs are entitled including but not limited to;

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.

NOTICE:

PLAINTIFFS ARE UNABLE TO RETURN TO THE UNITED STATES AND HAVE BEEN PREVENTED TO APPEAR IN COURT OR TO ANY TYPE OF DUE PROCESS BY MALICIOUS ACTIONS OF DEFENDANTS IN CONSPIRACY WITH OTHERS.

INCLUDING DEAD THREATS AFTER HOMICIDE AND KIDNAPPING..

FOR ANY MATTERS IN REGARDS TO PRESCRIPTION AND/OR STATUTES OF LIMITATIONS DUE DILIGENCE HAS BEEN TAKEN, BUT PREVENTED FROM DUE PROCESS OR THE OPPORTUNITY TO BE HEARD OR BE PRESENT IN ANY COURT OR HEARING.

STATUTES OF LIMITATIONS SHOULD NOT BE AFFECTED IN THE FUTURE, BY EFFECT THE CLAIMS ARE SET HEREIN, TIMELY, WITH INTENT TO PROSECUTE AND DUE DILIGENCE OF PROCEEDINGS OF ALL TYPES, HAVE BEEN TAKEN FOR NOW FOUR YEARS.

THE EVIDENCE RECORDS ARE PART OF COURT PROCEEDINGS CIVIL/CRIMINAL AND ADDITIONAL EVIDENCE WILL BE PROVIDED TO COURT.

EVIDENCE RECORDS ALSO TIMELY FILED ON CAUSES: NO. D-1-FM-09004457, D-1-GN-09002806, D-1-GN-07-004030, D-1-GN-07-002030, D-1-FM-07-025752.

Evidencing the claims herein true and correct, but up to date and since the claims arise, without due process, without been heard, without a Jury, without the opportunity to be present in any court, and without the equal protection of the laws, deprived of all.
Reason why of the settlement agreement of attorneys and the parties at the time.

The claims herein have been set now and forever.

Respectfully submitted
May 24, 2011

_________________________________________________________
Daniel Pavon Cuellar* and on behalf of others similarly situated
Plaintiffs
Daniel Pavon Cuellar
Registered mail only with return receipt requested
(address removed)
Email: (Emails removed)
*Pro se with legal advisors

AFFIDAVIT OF DANIEL PAVON CUELLAR