Daniel Pavon Cuellar Affidavit 2011

AFFIDAVIT OF DANIEL PAVON CUELLAR

On this date of May 24, 2011, I Daniel Pavon Cuellar, born in 1967, fully mentally capable, hereby sworn under oath and under penalty of perjury, an acting as Attorney Pro Se, hereby state;

All statements herein are true and correct and endorsed with evidence.

When referred herein defendants, refers as jointly and severally.

Summary:
“ A Cruel and Inhumane punishment for victims of crimes and without notice, be deprived of all. Intentional no notice and fast, using extreme violence ending in kidnapping and homicide, for a huge robbery even of real estate and fine art, in conspiracy with many, through exploitation of children, the elderly and all, for gains”

INTENTIONAL NO SERVICE.

Defendants conducted and instructed Secret and frivolous proceedings of fraud and robbery fully recorded on Sealed paper evidence filed in Travis County Court exparte and for gains, using deadly force for kidnapping, unlawful restrain, trespassing, robbery of over 1100 Fine Art Paintings with/and also Cultural interest and rights, illegally obtained, illegally seized, illegally sold, with extortion, kidnapping, and several other crimes and tortuous acts made and committed by defendants, resulting in Homicide of one of their victims at 79 years old , my father and deprivation of all rights, property and assets without due process, without notice.

This is a four year case, without redress, without relief, without any law enforcement to enforce the law. Reason why evidence has been filed in proceedings to prove all claims true and correct, timely.

By reason of statutes of limitations, claims have been timely filed, but prevented to appear in Court, and each of the claims stated herein and state before, are fully documented and also clearly shown, by been their own evidence filed in proceedings in Travis County court Exparte, now used against them.

The claims are extensive, records are many and reason why they can be obtained on line, every statement herein has evidence to endorse it, in detail and prove the claims herein against defendants are true and correct. And will be simply proven, to the court, to the jury and to the public when the opportunity and right is granted on a normal course of due process and under victim rights.

I request redress and simple peace, I seek justice and just that.

I Daniel Pavon Cuellar have read and review all statements in the following factual description and all claims are true and correct and each statement endorsed with evidence records;

CRIMES AGAINST THE ELDERLY.

Guadalupe and Raul, nearly at 80 years old, were deprived of all property and assets even bank accounts without notice, with intentional no notice by defendants.

The fraud ended in kidnapping of 8 month old baby and homicide of the 79 year old victim, deprivation of all rights, property and assets, without due process and intentional non service with the use of deadly violence.

With malice that continues up to date, even after homicide, robbery, kidnapping and,

The Fraud including but not limited to extrinsic, intrinsic, fraud upon the Court, fraud was international, fraud is clear, but is impossible to determine when it begins and when will end.

Criminal acts are very extensive, including but not limited to several codes violated on attached Exhibit C that will be fully demonstrated in the course of proceedings.

Dates are crucial.

FACTUAL EVENTS

1) November 2006, One malicious and wrongfully attached lien appears in Guadalupe properties without notice. From unknown judgment or subject of such. (Found recently)

2) November 2006, A Federal Tax Lien also maliciously attached to Guadalupe Property.

Nothing in such records provide any information to have placed such liens against her properties. R A Cuellar cannot be confused by Guadalupe Cuellar .

BOTH ATTACHED WITHOUT NOTICE.

3) June 18, 2007 the elderly couple begins to be assaulted with deadly intent.

4) By ill health of Guadalupe they are forced to leave their home to another home.

5) Their home is immediately trespassed and robbed including valuables and records, several of those stolen records where filed by defendants in court in Texas and used to deprive of all bank accounts and money from Guadalupe and Raul.

6) The Po Box of Guadalupe, suddenly and without notice, is maliciously closed.

7) July 6, 2007: Illegal liens and writs are placed against their properties, with INTENTIONAL NO NOTICE. Defendants providing fake last known address, fake emails, even to constable, addresses without zip code and even theft of correspondence (Filed by Defendants EXPARTE in court)

8) The violence against Guadalupe and Raul increases to murder attempts, reported to police by Raul (79 years old). (Mexico)

9) Around October 2007: Guadalupe and Raul find their properties been in auctioned on the internet, and immediately hired attorneys in Mexico, Dallas and Austin, trying to find what was happening.

10) NOVEMBER 28, 2007 . All the attorneys of all the parties have a meeting that lasted 10 hours in Austin, Texas to hammer out a settlement agreement Emphasis added: Attorneys only meeting to Hammer out a settlement agreement; ATTORNEY AGREEMENT and the attorneys claim to Guadalupe and Raul such instrument will fully protect their properties.

11) The Settlement Agreement was executed on DECEMBER 3, 2007 with the allege plaintiff of such claim Samantha Lowry, under Hague Proceedings (Treaty) and notarized under three jurisdictions, an instrument that remains fully valid up to date of 41 Pages.

12) Soon after, the process server filed a NON SERVICE AFFIDAVITS in Travis County Court. (After three months from the judgment been already granted on August 22, 2007)

Disposing of the Judgment itself: No notice, no service, no judgment can be granted.

Basis of all conflict

13) The plaintiff in such secret proceedings, Samantha Lowry, a British citizen of 23 years old, who was in Texas under a tourist visa of 90 days expired living in Hotels. Fiancée of Daniel even as of May 16, 2007, whom found to be pregnant in England. Never married not living together.

14) Of a child of father unknown.

15) On Memorial day weekend holidays, Samantha was to arrive to Mexico City May 28, 2007 where Daniel and the child were, Daniel even provide Samantha $2000 for her trip, but did not arrive and defendants maliciously withheld the travel documents of Daniel and the child and trespassed into Daniel Homestead to prevent them from returning to their home since June 3, 2007 time when.

16) The child was abandoned at two months old at the time he was expected to die and becoming unlawful restrain.

17) Recent findings: Now found, the Samantha Lowry was also unlawfully restrained in Texas around June 4, 2007, by defendants against her will and her travel documents were also taken from her to prevent to go to Mexico were she would be legal. (Police report)

18) Her email account taken by defendants and theft of identity began; using her email account and claiming to be “Samantha”. (Testimonies of witnesses)

19) Defendants trespassed into Plaintiffs homestead at 7005 whispering creek drive Austin Texas 78736.

20) Plaintiff reported at least 8 times the trespassing, burglary, robbery and unlawful restrain (theft of travel documents) to Austin Police department on May 30, 31, and June 7, 2007 and thereafter, but Austin Police Department detective failed to protect family, property or rights and engaged in criminal acts, for gains in conspiracy with others. And up to date preventing plaintiffs to file charges.

21) June 13, 2007: Defendants took illegal possession of Plaintiff homestead, even by fraud upon the court, even when Defendants knew of trespassing by breaking a window (Police statement) with intent to, and commit felonies including but not limited to;

22) The robbery of over 1100 Fine Art Paintings began as well as robbery of other valuables and

23) Deprivation of rights under the color of law, and several violations to Texas Penal codes and Federal codes further referred on Exhibit C.

24) After the settlement agreement hammered by attorneys was executed on December 3, 2007, the “Judgment” (Intentionally non served and concealed) was soon after found, a malicious and frivolous claims, claiming;

“ all events occurred in Travis” when the elderly couple were not at any time in Texas and 80 years old is not an age of kidnapping of children. Now such cloud and false claims remain in public records and even in their deeds of their properties.

25) Yet, the judgment is granted not even with the jury required, without evidence of their claims, WITHOUT SERVICE.

Defendants file the evidence in “Bulk” claiming by fraud to the JUDGE such evidence prove their claims.

Is now the evidence use to prove their false claims and prove their crimes hereby denounce, including intentional no notice.

26) The Judgment is granted for 35 million, 140 acres plus, over 600 Fine Art Paintings, plus more.

The judgment is conceal and immediately executed.

27) The violence against the elderly couple increases to murder attempts timely reported to police . October 2007

28) Around November 2007: The elderly couple properties are placed in auctions, their bank accounts emptied, Over 1100 Fine Art paintings to be sold and all, all with intentional non service, no due process and using extreme violence.

FM PROCEEDINGS SCAM

29) Another cause made by defendants FM suit: Not married , not living together and a child of unknown father,

30) Begin May 30, 2007 ends August 13, 2007 when at all given times Daniel was in Mexico unlawfully restrained from returning to Texas and prevented from the opportunity to be heard or be present in any proceedings and proceedings and process without notice.

31) The fraud begins on May 30, 2007 claiming the child is in Texas when he was not, they claim the child has risk of international abduction and place restrictions against Daniel to obtain any travel documents at the time he was requesting precisely the travel documents to return to his country with the child. (Unlawful restrain). On the same day of the original pleading, defendants filed malicious habeas corpus and restraining orders.

32) They conceal all proceedings by fraud and with intentional non service.

33) On June 13, 2007 defendants by fraud and perjury obtain illegal possession of Plaintiff homestead with all contents and to further prevent the return of Plaintiff without a home to return to.

34) By clear fraud, they claim to the court the child is in Texas to obtain a child support of illegal amounts in Texas, and WITHOUT THE CHILD.

35) Defendants then claim after around 10 weeks, nonpayment of such child support and attempt to sale the homestead of Plaintiffs they were trespassing into.

36) The fraud is seen clear by the results and amounts obtained; only 18 exhibits used in such Final Trial of August 13, 2007; how could defendants explain $4117 child support a month for a 4 month baby (Without a baby) such amount for a “non father” who made only $18000 gross a year, not married and not even living together with the Samantha Lowry. Also an unfounded $300000 cash bond ransom if “the father” would ever want to see his “son”. To further mislead the court believing the child was in Texas. Intentional no notice for gains and concealment of such judgment, NO JURY, EXPARTE.

37) Out of the 18 Exhibit used, prove none of their claims, the opposite, their fraud: Including but not limited to Theft of correspondence, Samantha had all travel documents of the child, Homestead Exemption of Daniel ( Exempt) and Samantha email showing she was to arrive to Mexico City on May 28, 2007.

38) These proceedings been also kidnapping by fraud. D-1-FM-07-002752

39) Obtaining for the payment of such allege child support (without the child and of amounts illegal in Texas) around 500 Fine Art paintings against the Law, including in violation of § 61.082. HANDLING AND TRANSPORTATION.

40) Another 600+ Fine Art Paintings obtained on August 22, 2007 on fully secret proceedings. D-1-GN-07002030

41) They claim a total of around half a million in attorney fees, for around 10 weeks total proceedings, although the plaintiff in such suit (Samantha Lowry) claims only $65000 in attorneys fees by an exhibit of expenses filed August 22, 2007

42) By information and belief, also becoming also extortion by defendants against the Samantha Lowry whom signed a contingency contract at 60-40% as long as she would do what she is told, or pay 25% more of the unfounded amounts.

43) But the fraud did not end in the signing and execution of the settlement agreement, attorney agreement, even with a NON service affidavit, in fact the fraud continued;

44) Now in conspiracy with the attorneys hired by Plaintiffs;

45) Defendants instruct their Client to kidnap the child from the jurisdiction of Mexico and also from the United States, through a false duress claim using a fake email produced by defendants, not received by Samantha or anyone else and before the DNA took place under the settlement agreement and required to establish paternity.
Samantha abducted the child with her boyfriend Tristan Nind.

46) Defendants provided the settlement agreement, the record to keep the travel documents of the child in the US embassy and also a duress claim, signed all under oath at the same time. Fraud, but also such duress fully invalid and unfounded,

47) Making imminent aiding, abetting and instructing their client to commit kidnapping, fraud, aggravated perjuries and more crimes even internationally for gains.

48) It is in fact a day after the ATTORNEY AGREEMENT defendants empty the bank accounts of Guadalupe and Raul and without notice though a “ agreed judgment with bank of America” without notice to any of the attorneys of Guadalupe and emphasis added after an attorney hammered agreement made and already the affidavit of NON service filed by process server.

Malice and fraud for gains. The savings accounts of the elderly couple at nearly 80 years age, deprived of all without notice.

49) The attorneys for Guadalupe and Raul conceal by fraud a subpoena for a court hearing on December 17, 2007 and another subpoena concealed from them of the final trial and by fraud claimed the final trial, was an attorney only hearing . (emails)

50) When the non service notice shall suffice to close the case and defendants liable to place illegal liens and writs and cause damages to their property even in Mexico for making false claims and out of jurisdiction and/or the attorney hammered settlement agreement should have suffice to end the conflict, violence, harassment and fraud

51) Around January 23, 2007 The attorneys claim Guadalupe and Raul were oblige to go to Texas for a hearing in regards to their properties, they do and deliver evidence against the fraud of defendants, the hearing is suddenly canceled for an allege full settlement of claims but defendants change the next day maliciously.

52) February 8, 2008: Raul Pavon Sarrelangue was murdered. (Mexico)

53) February 26, 2008: Guadalupe and his son received dead threats if they go to the States.

54) On this same date, the attorney for Daniel, Roy Barrera pulls out of the case without permission of his client.

55) March 18, 2008: A Malicious deposition is made against Guadalupe in Travis county Texas, such deposition at the time the doctor had forbidden Guadalupe to fly or be subject to stress by the murder of her husband and her heart condition.

56) Defendants in conspiracy with the attorney of Guadalupe, Mack Ray Hernandez take her deposition with extreme harassment, with deadly intent lasting over 5 hours of interrogation even on the murder of her husband and defendants even by fraud and conspiracy, attempting to obtain the records of the murder investigations. A great matter of concern.

57) It is during this deposition defendants provide stolen records from the homestead of Guadalupe and Raul , including bank statements and stolen checks. (Now found, previously used for fraud by Defendants in Travis County).

58) April 2008 : Without notice and before final trial, the property of Guadalupe of 20 acres of Land inside the city limits of Niederwald is sold without due process, without notice to Guadalupe, even when she was in Texas days before , no notice and taking advantage by fraud of the murder of her husband, and father of Daniel at 79 years old, working in conspiracy with the attorney of Guadalupe (Mack Ray Hernandez)

59) April 2008; The Judge ruled in favor of Guadalupe and Raul and vacated the judgment.

60) Even then, Defendants refuse to remove the liens and writs.

61) Another attorney was hired to removed the liens and writs.

62) But recently found some more illegal liens and writs and clouds upon the title placed by defendants remain, as well as other clouds upon the titles.

63) Even after the judgment ruled in favor of Guadalupe and Raul, maliciously defendants send a letter to Guadalupe they will sell the fine art paintings, property interest to Guadalupe and family.

64) Recently possession of 7005 Whispering creek was regain and the damages seen, the home is inhabitable, intentional damages, robbery including all personal records of Daniel Pavon and valuables. Pecuniary loss is extreme.

65) For any and all purposes hereby reported.

66) The amount in controversy in this Lawsuit exceeds $35 million exclusive of costs and interests. The robbery of over 1100 Fine Art Paintings, with illegal seizure and sale, with market value of several millions.

67) Full details of each of the claims will be provided during the course of proceedings with the evidence proving each claim true and correct and the codes violated. And defendants are expected to be added during the course of proceedings

ALL STATEMENTS HEREIN, HAVE RECORDS OF EVIDENCE AND WILL BE PROVIDED TO THE COURT, THE JURY AND THE PUBLIC DURING THE COURSE OF PROCEEDINGS.

This is only a summary of 4 years of fraud and crimes committed against Plaintiffs and in addition to previously filed, including but not limited to several police reports.

I Daniel Pavon Cuellar still under oath , I have read the statements above and all are true and correct endorsed with evidence records.

By placing my finger print and my signature herein, I authenticate this record been duly sworn under oath. Containing the truth and nothing but the truth clearly shown with evidence records.

REMOVED SIGNATURE AND FINGER PRINT
Signature
Daniel Pavon Cuellar FINGER PRINT