IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION SAMUEL G. BREITLING AND § JO ANN BREITLING, § §

Plaintiffs, § § vs. § NO. 3:15-CV-00703 § LNV CORPORATION, ET AL., § §

Defendants. § §

PLAINTIFF’S NOTICE OF INTENT

Plaintiffs incorporate herein all their pleadings in the following related cases:

1. LNV Corporation v. Breitlings et al, Civil Cause DC-14-04053 in the Dallas County District Court in the 134th Judicial District, filed on April 15, 2014

2. Breitlings v. LNV Corporation et al, Civil Cause DC-14-09604 in the Dallas County District Court in the 101st Judicial District, filed on August 29

3. Breitling et al. v. LNV Corporation et al., Civil Action No. 3:14-cv-3322-M (first removal by Beal entities)

4. LNV Corporation v. Breitlings et al, Civil Cause No. 05-15-0677-CV in the Court of Appeals for the Fifth District of Texas at Dallas, filed on or around May 27, 2015

5. LNV Corporation v. Breitlings et al, Civil Cause No. JD15-00071C in the Justice of the Peace Court Number 2 in Garland Texas, Judge Gerry Cooper

6. LNV Corporation v. Breitlings et al, Civil Cause No. CC-15-00911-C in the County Courts at Law Number 3 in Dallas County, Judge Sally Montgomery

Plaintiffs herein remind Honorable Judge Jane Boyle that she took the following oath of

office pursuant to 28 U.S.C. § 453:

''I, Jane Boyle, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 1 of 12 PageID 1839

as a United States District Judge under the Constitution and laws of the United States. So help me God.”

Plaintiffs, JoAnn and Samuel Breitling, representing themselves, respectively notify the court as

follows:

The numerous related cases cited above exist solely due to Defendant LNV Corporation’s

(“LNV”) acts of bad faith, abuse of judicial process and intent to deprive the Plaintiffs of their

constitutional rights to due process and equal protection of law. Defendant LNV obtained a

foreclosure judgment against Plaintiff’s in the related case: LNV Corporation v. Breitlings, Civil

Cause DC-14-04053 where Judge Dale Tillery violated the Plaintiff’s rights to due process and

equal protection of law at the hearing where he decided to grant his ORDER claiming Plaintiff’s

failed to file an answer, which was not true. It was apparent to any reasonable person observing

this hearing that Tillery violated the Plaintiffs’ constitutional rights and that he had made his

mind up before the hearing that he would deny them any opportunity to present a case. Although

the Plaintiff’s filed a motion to vacate Tillery’s void judgment in the state court this motion was

never heard or adjudicated because of the Defendant’s obstruction of justice. They then removed

their complaint against LNV and the other defendants in Breitlings v. LNV Corporation, Civil

Cause DC-14-09604.

The latter case invoked an automatic stay on the sale of the Plaintiff’s property pursuant to Texas

Rules of Civil Procedure 736.11 as Plaintiffs fully conformed to this rule and notified

Defendants LNV and Codilis & Stawiarski (“C&S”) about their independent law suit that

contesting the right to foreclose in a court of competent jurisdiction. LNV ignored this automatic

stay and sold the Plaintiffs’ property on September 2, 2014 in violation of the automatic stay.

Defendant LNV executed the sale as a non-judicial sale, while they had styled their foreclosure

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 2 of 12 PageID 1840

complaint as a judicial foreclosure – this is also a violation of the Texas Rules of Civil Procedure

and was done with intent and with knowledge that by doing so they would unconstitutionally

deprive Plaintiff’s of their property without due process because they would have no remedy to

appeal either Tillery’s decision or the illegal sale of their property.

The Defendants then removed the Breitlings v. LNV Corporation, Civil Cause DC-14-09604 to

federal court (Breitling et al. v. LNV Corporation, Civil Action No. 3:14-cv-3322-M) where it

was ultimately remanded. But while this case was in a stay awaiting remand as recommended by

Magistrate Judge David Horan Defendant LNV filed an eviction action Plaintiff’s knowing full

well that they would be like sitting ducks as long as their lawsuit was in limbo in the federal

court; again this was an intention act meant to derive the Plaintiffs of their constitutional rights to

due process and equal protection of law. LNV Corporation v. Breitlings, Civil Cause No. JD15-

00071C in the Justice of the Peace Court Number 2 in Garland Texas.

This hearing in Judge Jerry Cooper’s court was rigged against Plaintiffs because Defendant LNV

had filed a “motion in limine” and failed to inform Plaintiffs. Judge Cooper and LNV’s attorney

Luke Madole spoke privately about this motion in limine and when Plaintiff JoAnn Breitling

over heard them she inquired about this motion in limine and her question was ignored. Again

Plaintiffs’ rights to due process and equal protection of law were intentionally violated by

Defendant LNV, their attorneys and a judge. This is not just a violation of the Plaintiff’s

constitutional rights but a color of law crime committed against them, and improper influence

and/or bribing of a judge by Defendant LNV and their attorneys.

The day after this eviction hearing Breitling et al. v. LNV Corporation, Civil Action No. 3:14-cv-

3322-M was remanded. Plaintiffs hired attorney J.D. Milks who apparently was on the payroll

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 3 of 12 PageID 1841

of Defendant LNV’s owner Daniel Andrew “Andy” Beal, as his actions and inactions caused

Plaintiffs’ great harm while benefiting Defendants greatly. See Plaintiff’s Notice of

Constitutional Questions (Doc 37) and Affidavit of JoAnn Breitling (Doc 32).

At every step of the way the Plaintiffs’ rights to constitutional rights to due process and equal

protection of law have been intentionally thwarted with intent to deprive them of their property.

Contrary to claims made by Defendants it is not Plaintiffs bur Defendants who are abusing

judicial process. As for LNV’s litigation costs, it owner Daniel Andrew “Andy” Beal thinks

nothing of losing millions of dollars a year playing poker, so whatever he has spent to

maliciously litigate against us is 1) his own choice and at his own risk, 2) well within his means

to afford. On the contrary his malicious litigation against us and stall tactics in our earlier cases

and in this case have been with intent to financially drain us and thereby deprive us of our

constitutional rights to rights to due process and equal protection of law. (See Plaintiffs’ Exhibit

A attached hereto.)

Plaintiffs seek to retain jurisdiction in this federal court and to finally have their claims heard on

the merits of their claims; and the merits of the other MGC/LNV/Beal victims in the noticed

related cases.

Plaintiffs’ decision to non-suit (dismiss without prejudice) the other defendants is not so that they

can later sue these defendants in state court; but it is a way for us to equal the playing field so

that as low income pro-se litigants they are not overwhelmed with having to respond to motions

from four defendants all with the financial means to hire powerful attorneys and coordinate their

litigation to prevent Plaintiffs from any effective representation of themselves and thereby

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further deprive them of their constitutional rights to rights to due process and equal protection of

law.

Respectfully Submitted,

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 5 of 12 PageID 1843

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document was

served upon all counsel of record and pro-se parties via the Court’s CM/ECF system, email,

and/or regular mail, and/or certified mail with return receipt requested; and that a correct copy of

the foregoing document was served upon The United States Attorney General and the Texas

Attorney General at the addresses below:

Attorney General of Texas, Ken Paxton P.O. Box 12548 Austin, Texas 78711

Marc Cabera, Jason Sanders, Robert Mowery Locke Lord LLP 2200 Ross Ave, # 2200 Dallas, TX 75201

Macdonald Devin, PC Codilis & Stawiarski 3800 Renaissance Tower 1201 Elm Street Dallas, TX 75270

U. S. Department of Justice, Loretta Lynch, U. S. Attorney General 950 Pennsylvania Ave NW Washington, DC 20530

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 6 of 12 PageID 1844

Exhibit A In Support of Plaintiffs' Notice of Intent

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 7 of 12 PageID 1845

http://www.tmz.com/2015/03/17/pamela-anderson-rick-salomon-poker-andy-beal-nevada-annulment-california-divorce-money/

Rick Salomon Made $40 Mil Last Year ... Playing Poker with ONE GUY!!! 3/17/2015 12:40 AM PDT BY TMZ STAFF

EXCLUSIVE

Pam Anderson says Rick Salomon may not be screwing her anymore, but he's definitely screwing the tax man ... because he's dodging a tax bill on $40 million in poker winnings in 2014 alone. TMZ broke the story ... Rick has filed for an annulment from Pam in Nevada. She wants a California divorce, not an annulment, because it could entitle her to half his poker earnings. Pam claims in new legal docs -- obtained by TMZ -- Rick won $40 MIL from ONE GUY -- Andy Beal, a billionaire real estate mogul who plays high stakes poker. In one weekend, Beal gambled at the Bellagio in Vegas and was up $13 mil at one point and down more than $16 mil later. Pam says in the docs, Rick is lying in his annulment papers by saying he's a resident of Nevada, where there is no state income tax. Pam says they have lived in Malibu, California, where the state tax rate is a whopping 13%. Pam says Rick actually used some of his earnings last year to buy a $4 million Nevada pad by paying cash, and then had his assistant use Rick's credit card in Nevada to make small purchases, making it look like Rick was living there. Rick's people say Pam is on a mission to ruin Rick because she's not happy about the proposed divorce settlement.

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 8 of 12 PageID 1846

http://www.pokernews.com/news/2015/01/todd-brunson-purportedly-takes-andy-beal-for-5-million-20417.htm

Todd Brunson Purportedly Takes Andy Beal for $5 Million in Bobby's Room January 24, 2015

Chad Holloway

He's back! Andy Beal was spotted late Friday night and early Saturday morning playing heads-up limit hold'em with blinds of $50,000/$100,000 in Bobby's Room at Bellagio against Todd Brunson. According to poker pro Kyle Loman, who was live tweeting the match while playing in a different game outside the high-stakes room, each bought in for $5 million, and when all was said and done, Brunson held all the chips.

Few amateur players have shook the poker world quite like Beal, a Texas billionaire who made his fortune through real estate and banking. In 2001 and 2004, Beal grew fond of playing high-stakes heads-up limit hold'em, which he played against a group of poker players nicknamed "The Corporation" in a legendary game documented in Michael Craig's classic book, The Professor, the Banker, and the Suicide King: Inside the Richest Poker Game of All Time.

As Craig described it, Beal won and lost millions in the game as he circulated through players such as Ted Forrest, Jen Harman, Phil Ivey, and both Todd and Doyle Brunson. Despite winning a massive $11.7 million pot on May 13, 2004, Beal ended up quitting the game with a loss, only to return in Feb. 2006 for more action. He quickly lost $3.3 million, went on a three-day $13.6 million upswing, and then lost $16.6 million to Ivey in a separate three-day match. It was at that point Beal claimed he was done with poker.

Since then there have been rumors that Beal has dabbled in limit hold'em, his favorite game, which, earlier this month, scientists claimed they solved. Those rumors were unsubstantiated, but on Friday, Jan. 23, Beal's most recent return was confirmed thanks to the rise of social media and Loman's reports.

"Andy Beal playing HU 50K/100K with Todd Brunson in Bobby's Room. I'm about to lose my mind," Loman reported in the first of a series of tweets. "All pink 25K chips now. Todd with six million and Beal with four million+. If they started with five, which is what I thought I saw, Todd up a milly.

An image of the game from Loman's Twitter account

Loman did snap a quick picture (see right), one that shows "Texas Dolly" sweating his son, and you can see that to the right.

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 9 of 12 PageID 1847

Here are some other updates Loman tweeted throughout the night:

• "There was almost 20 people in the room at the start of the game. Down to pretty much just Doyle watching now.

• "Doyle went to bed it appears. The battle continues though"

• "Todd continuing to win. Got about 8 million to Beal's 2."

• "Beal with a solid heater. Todd: 5.5 Beal 4.5"

• "Todd Building towers. Looks about the same. His demeanor is the same as always. Sitting backward in the chair, his emotions unchanged."

• "Todd: 7 Beal: 3. There's only 3 people in Bobby's Room now. Todd, Beal, and the dealer."

• "Brunson crushing now. Has 8.5m+ to Beal's less than 1.5m"

• "Todd just felted Beal. They fist bumped and he left the room. They're done for tonight. Todd wins 5 million. More updates tomorrow hopefully."

So according to Loman, Brunson relieved Beal of $5 million. Brunson himself tweeted the following after the match had ended: "We came to a nice steak house without a reservation. Big line. They asked if we were celebrating anything. I said yes I won 5 mil yesterday."

Whether or not Beal will return remains to be seen, but if his past behavior is any indication, he'll return for another shot at besting Brunson, or whoever is willing to sit down and play him for such monster stakes.

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 10 of 12 PageID 1848

http://frontburner.dmagazine.com/2011/07/08/andy-beal-reportedly-loses-50-million-playing-poker/

Andy Beal Reportedly Loses $50 Million Playing Poker

By Tim Rogers - Posted in Local News. Jul 08, 2011 at 9:17 am

The New York Post says that the richest man in Dallas, Andy Beal, has lost $50 million in recent months playing high-stakes poker. Apparently Tobey Maguire was in on the action, too. A spokesman for Beal told the Post that the figure wasn’t accurate but didn’t get more specific than that. Loyal readers will remember when our Dan Michalski played cards with Beal at the Lodge for slightly lower stakes.

http://pagesix.com/2011/07/07/moguls-texas-size-poker-loss/

Mogul’s Texas-size poker loss By PageSix.com Staff

July 7, 2011 | 4:00am

Billionaire high-stakes poker fan Andrew Beal “lost up to $50 million” in recent months in a series of games

where players put up a $1 million buy-in, a source tells us.

The Texas-based mogul, who made his fortune in banking and real estate, suffered a series of huge losses in at

least three games, according to the source, who also said the games involved “Spider-Man” star Tobey

Maguire and billionaire private equity investor Alec Gores.

While Beal, the richest man in Dallas worth $6.6 billion, strongly denies losing so much cash, he’s famed for

his love of high-stakes poker and is said to have once won more in a single day than any other known player —

$11.7 million at the Bellagio in Vegas, in 2004. In 2006, he famously lost $16.6 million in days.

A source told Page Six Beal participated in three games this year — one around the Super Bowl, one four

months ago and another a few weeks ago. “All the players had a $1 million buy-in,” the source said. “Each time

Beal lost big time, with a total loss of around $50 million.”

The source said Maguire and some pro players were involved, and the games were legal because the house

didn’t take a cut.

Dad-of-six Beal’s quest for the highest-stakes poker match ever is described in the 2005 book “The Professor,

the Banker, and the Suicide King: Inside the Richest Poker Game of All Time,” by Michael Craig. It ends

when Beal loses $16 million.

A spokesman for Beal told us by e-mail: “The amounts stated in your e-mail to us concerning Mr. Beal are

inaccurate. Beyond that, Mr. Beal has no further comment.” When we then asked for the correct details of his

losses, the rep refused to elaborate.

Maguire was recently slapped with a lawsuit after being linked to an A-list gambling ring. But he denied any

wrongdoing when he collected $300,000 from poker matches that were organized in Beverly Hills by a

convicted investment scammer. Reps for Maguire and Gores didn’t get back to us.

UPDATE: Michael Sitrick, spokesman for Alec Gores added, “The loss wasn’t anywhere near $50 million. At

times he (Beal) won and at times he lost.”

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 11 of 12 PageID 1849

http://frontburner.dmagazine.com/2011/07/08/andy-beal-reportedly-loses-50-million-playing-poker/

Andy Beal Reportedly Loses $50 Million Playing Poker

By Tim Rogers - Posted in Local News. Jul 08, 2011 at 9:17 am

The New York Post says that the richest man in Dallas, Andy Beal, has lost $50 million in recent months playing high-stakes poker. Apparently Tobey Maguire was in on the action, too. A spokesman for Beal told the Post that the figure wasn’t accurate but didn’t get more specific than that. Loyal readers will remember when our Dan Michalski played cards with Beal at the Lodge for slightly lower stakes.

http://pagesix.com/2011/07/07/moguls-texas-size-poker-loss/

Mogul’s Texas-size poker loss By PageSix.com Staff

July 7, 2011 | 4:00am

Billionaire high-stakes poker fan Andrew Beal “lost up to $50 million” in recent months in a series of games

where players put up a $1 million buy-in, a source tells us.

The Texas-based mogul, who made his fortune in banking and real estate, suffered a series of huge losses in at

least three games, according to the source, who also said the games involved “Spider-Man” star Tobey

Maguire and billionaire private equity investor Alec Gores.

While Beal, the richest man in Dallas worth $6.6 billion, strongly denies losing so much cash, he’s famed for

his love of high-stakes poker and is said to have once won more in a single day than any other known player —

$11.7 million at the Bellagio in Vegas, in 2004. In 2006, he famously lost $16.6 million in days.

A source told Page Six Beal participated in three games this year — one around the Super Bowl, one four

months ago and another a few weeks ago. “All the players had a $1 million buy-in,” the source said. “Each time

Beal lost big time, with a total loss of around $50 million.”

The source said Maguire and some pro players were involved, and the games were legal because the house

didn’t take a cut.

Dad-of-six Beal’s quest for the highest-stakes poker match ever is described in the 2005 book “The Professor,

the Banker, and the Suicide King: Inside the Richest Poker Game of All Time,” by Michael Craig. It ends

when Beal loses $16 million.

A spokesman for Beal told us by e-mail: “The amounts stated in your e-mail to us concerning Mr. Beal are

inaccurate. Beyond that, Mr. Beal has no further comment.” When we then asked for the correct details of his

losses, the rep refused to elaborate.

Maguire was recently slapped with a lawsuit after being linked to an A-list gambling ring. But he denied any

wrongdoing when he collected $300,000 from poker matches that were organized in Beverly Hills by a

convicted investment scammer. Reps for Maguire and Gores didn’t get back to us.

UPDATE: Michael Sitrick, spokesman for Alec Gores added, “The loss wasn’t anywhere near $50 million. At

times he (Beal) won and at times he lost.”

Case 3:15-cv-00703-B Document 44 Filed 06/22/15 Page 12 of 12 PageID 1850

Affidavit of JoAnn Breitling in Support of Plaintiff’s Notice of Intent Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION SAMUEL G. BREITLING AND § JO ANN BREITLING, § §

Plaintiffs, § § vs. § NO. 3:15-CV-00703 § LNV CORPORATION, ET AL., § §

Defendants. § § STATE OF TEXAS COUNTY OF DALLAS CITY OF SACHSE

AFFIDAVIT OF JOANN BREITLING IN SUPPORT OF PLAINTIFF’S NOTICE OF INTENT

I, JoAnn Breitling, am beyond 18 years of age. I have resided in Dallas County all of my life. I have never been convicted of a crime. I am fully competent to make this affidavit in testimony of my personal knowledge and experience. I swear under the penalty of perjury and under the laws of Texas that my testimony herein is true and accurate.

Our son, Samuel Matthew Breitling, who we call “Matt” or “Matty” was born in 1983 with Down syndrome and congenital heart disease. He had two open heart surgeries in his first year of life and we almost lost him both times. By the grace of God he survived and he thrived and he grew up in a loving home with six sisters.

On March 7, 2013 our law suit against MGC Mortgage Inc. (owned by D. Andrew “Andy” Beal, who also owns LNV Corporation, a defendant in the present case) went to mediation and because our attorney had a meltdown in the middle of our session because she said she could not defend against yet another summary judgment by Scott Hayes, attorney for MGC. (she had won the one in August 2012, hands down, and she informed him we were going to trial), buy the guy would just not stop filing summary judgments to delay/prevent the trial from going forward. He was the reason for her meltdown; he had violated the scheduling order to set a hearing to move the trial date back so that his fifth motion for summary judgment could be heard before the trial.

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Affidavit of JoAnn Breitling in Support of Plaintiff’s Notice of Intent Page 2 of 4

The case was abated for 90 days with my consent. During that 90 day period I gave power of attorney to a financial officer in Dallas, Glenn Joyner, who called us two weeks after the mediation and he had contacted MGC and they told him (TWO WEEKS AFTER THE MEDIATION) that MGC had no authority over our loan.

Mr. Joyner had been in the mortgage industry for a very long time and he said he knew something very illegal was going on. I called Ellington Mortgage Partners and notary Jeanne Stafford during this period, doing my own “mini discovery” and I learned how deeply the fraud ran.

In April 2013 our son Matthew became ill. I took him to Dr. Trung Dao in Richardson, and he was misdiagnosed as having acid reflux, and he was put on medication that made him worse. In May, 2013, the Monday morning after Mothers’ Day I took our son to Methodist Richardson ER at 5 AM in the morning. He was very ill. There, they diagnosed him as having an abscess in his lung and they sent him home on two medications.

He became sicker by the day. I went to Dr. Marcum Quinn, a pulmonary specialist four days later, and he changed some of the medications and assured me our son would be fine, but he would need to stay on 1000 mg of penicillin a day for three months. I was taking him back for x-rays every 2-3 weeks. During this time (the abatement period) I was trying to locate a new attorney; help my youngest daughter plan an out of town wedding because of Andy Beal’s threats to our property she was afraid to plan anything in Dallas; and I was trying to managed my son’s health problems.

Also in April 2013 my husband had a double knee surgery and I was caring for him as well during his period of recuperation.

Matthew was taking the medications prescribed but he was not improving. In June 2013 Scott Hayes called me and asked me to set a hearing to re-open our case. I was honest with him and told him our son was very sick and I needed it set out to the end of July 2013. I respected that and set the hearing for July 30, 2013

We had gone to Kingwood Texas in late July 22, 2013 for events leading up to our daughter’s wedding. At a family dinner in a restaurant Matthew projectile vomited and I had to rush him out of the room. He was unable to eat anything at all without vomiting from that time on so the next morning I took him to Kingwood Medical Center ER where we spent seven hours while they did numerous tests yet we came home with no diagnosis. Matthew’s health continued to deteriorate.

While my son had life threatening health problems I was on the phone speaking with attorney after attorney and setting appointments whenever possible. The guilt I felt because I was spending so much time looking for an attorney when my son was so ill became unbearable. I realized I could not fight in court and fight for my son’s life at the same time. With much reluctance I made the decision to non-suit our case. I filed the notice on or around July 29, 2013, and as soon as the case was opened by agreed order, Judge Tonya Parker closed it, without prejudice.

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 2 of 10 PageID 1852

Affidavit of JoAnn Breitling in Support of Plaintiff’s Notice of Intent Page 3 of 4

One attorney I had spoken with and emailed back and forth with concerning my case, Rachel Khirallah, in Dallas finally told me to come in with $3,000 cash and she would take my case. So on August 1, 2013 two days after non-suiting I met with her. I put the $3,000 cash on her desk and she pulled up our case number DC-1107087. When she kept scrolling down and saw how many times Scott Hayes had filed for summary judgment (he NEVER could win) she pushed the $3,000 back to me and said she could not take the case and file a new lawsuit. She said my claims were good and they were valid, but that the MGC’s attorney would tie up all of her time with his frivolous motions. She said that with the hours she would have to put into a case with that many motions, the cost would be over $75,000, and she could not afford to take my case because she was a solo attorney. Many other attorneys I’ve spoken with have told me the same thing. Some specifically said that Andy Beal would spend millions to defeat us. I felt devastated. It was during this 90-day abatement period that I had come into contact with other MGC/LNV/Beal victims so I felt very angry that someone could get away with destroying our lives and the lives of so many others because he was a billionaire and we were average citizens living on a limited retirement income. Justice should not be about who has the most money, but about the merits of the case.

That same week in August I took Matty back to Dr. Trung Dao who gave us more medications, but our Matty continued to get worse. We returned to Kingwood for another wedding function and Matty started coughing non-stop. On one of our previous visits to the ER we were told Matty had an abscess on his lung so I took Matty to a lung specialist. He sent us immediately to the hospital for a CAT scan of our Matty’s lungs. He called me the same day and said Matty either had Scleraderma or Achalasia. Neither diagnosis was a good one. We went back to the hospital the next day for a swallow test. We were then referred to Dr. Ranga Nathan who scheduled our son to have an immediate procedure to see what was wrong with Matty’s throat.

During this procedure Matty aspirated and all of his vital signs fell dangerously. An ambulance was called and we were immediately taken back to Kingwood Medical Center and Matty was admitted into ICU with a blood pressure of 60/37.

I stayed with him night and day for ten days in ICU. Six doctors came daily to see Matty. They determined he had aspiration pneumonia. Dr. Nathan called in another specialist, Dr. George Nunez, and together they were able to diagnose Matty with Achalasia.

They performed Matty’s first surgery to stabilize him. He will need more surgeries in the future. He cannot be left alone; he is on a very restricted diet; and his lungs and his immune system are severely compromised because of this rare disease. He takes medications 3-4 times daily and we follow-up with his specialists several times a year. I have attached a letter written by Matty’s specialist as Exhibit A attached to this Affidavit, and I’ve included several photographs of our Matty during this devastating period in our lives in my Exhibit B attached to this Affidavit.

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 3 of 10 PageID 1853

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 4 of 10 PageID 1854

Exhibit A In Support of the Affidavit of JoAnn Breitling

In Support of Plaintiff’s Notice of Intent

Letter from Dr. Ranga S. Nathan, M.D., F.A.C.G.

Specific to the medical condition of Samuel Matthew “Matty” Breitling and irreparable harm that would be caused to him should he be displaced by a wrongful

eviction of the Breitlings from their home of 33 years

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 5 of 10 PageID 1855

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 6 of 10 PageID 1856

Exhibit B In Support of the Affidavit of JoAnn Breitling

In Support of Plaintiff’s Notice of Intent

Photographs of Samuel Matthew “Matty” Breitling while in intensive care at Kingwood Medical Center ICU

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 7 of 10 PageID 1857

Samuel Matthew “Matty” Breitling and Plaintiff JoAnn Breitling at the Intensive Care Unit at Kingwood Medical Center in September 2013.

Contrary to the allegations of LNV’s (Beal’s) Locke Lord attorneys the Breitlings did not non-suit to play games with the court; they had to due to a medical emergency that threatened the life of their precious son, Matty.

None of the Breitlings legitimate claims against MGC, LNV and other Beal agents have ever been adjudicated by any court because of the malicious and intentionally abusive actions taken by the “Beal entities” to thwart the Breitlings’ constitutional rights to due process and equal protection of the law under the fifth and fourteenth amendments to the Unites States Constitution.

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 8 of 10 PageID 1858

Matthew Breitling in the t the Intensive Care Unit at Kingwood Medical Center in September 2013 with Sponge Bob and doing his favorite pastime drawing.

Matty’s favorite hockey team from Los Angles.

Matty drew this picture of his house

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 9 of 10 PageID 1859

Above is a photograph from the Breitling family gathering in celebration of Samuel Breitling’s 70th birthday on June 6, 2015. Samuel served Dallas as a police officer for 33 years and served in the United States military for 4 years before this as a Marine. Since MGC took over servicing of the Breitling’s mortgage in 2008 the spirit of every Breitling family event has been dampened with the knowledge that they might lose their precious family home of 33 years to fraud.

When Matthew was born the Breitlings reached out to the Down Syndrome Guild of Dallas. JoAnn’s best friend was a school teacher and she put her in touch with Ruth Ann Stallings. When Matthew was three weeks old, Matthew and JoAnn were invited to the Stallings home in Lake Highlands. (Gene Stallings is a legendary football coach in Texas for the Texas A & M University and a coach for the Dallas Cowboys).

They had the honor of meeting the Stallings’ son John Mark. Ruth Ann became JoAnn’s mentor, and a few months later she became a writer for the for the Guild’s newsletter and Matty was the Guild’s poster child when he was five years old.

JoAnn self published a book in 1992 about her experiences parenting a child with Down syndrome. The book is sold on Amazon and a copy of the book’s first edition is to the left. She began to work with now Bishop Mark Seitz of the El Peso diocese and she counseled women who were considering aborting babies with Down syndrome over the next five years. Matty and his sisters also appeared on “Good Morning Texas” in 1997.

Case 3:15-cv-00703-B Document 44-1 Filed 06/22/15 Page 10 of 10 PageID 1860