Walter J. Burien, Jr.

P. O. Box 42

East Brunswick, NJ 08816

Telephone:  (732) 790-9233

Petitioner -  Sui Juris          

 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

 

IN AND FOR THE COUNTY OF MARICOPA

 

In Re the Marriage of:                                       )

                                                                        )           No. DR 2000-090543

WALTER J. BURIEN,          JR.,                )               

                                                                        )           NOTICE OF INDIGENT STATUS

                        Petitioner,                                 )           AND REQUIRED STAY PER ANY

                                                                        )           FURTHER HEARINGS OR ENFORCEMENT

and                                                                   )           OF MONETARY AWARDS BEFORE THE

                                                                        )           COURT PENDING PETITIONER’S

DEBBIE C. BURIEN (WATTON),              )           RETURN TO ARIZONA OR CHANGE

                                                                        )           OF INDIGENT STATUS

Respondent.                                         )          

­                                                                        )                       Honorable COMMISSIONER Hugh Hegyi

                                                and       Honorable JUDGE Lisa Daniel Flores

New Jersey State  ]

                  ]  Subscribed, sworn and sealed

Middlesex County  ]

 

                        Petitioner / Father, Sui-Juris hereby submits the following; NOTICE OF INDIGENCE STATUS with cause;

 

1.                  Petitioner is limited in his ability to travel from New Jersey at-this-time and will require being “PHYSICALLY” present over “appearing by phone” from New Jersey at any further hearings held in Arizona per matters before the Arizona Courts. This being essential to Petitioner’s case so that he may; present evidence; cross examine witnesses; organize and present witnesses in his behalf; secure documents and records that are located in Arizona that are essential to Petitioner’s case and cause; secure Arizona legal council to assist in the presentation of Petitioner’s and Petitioner’s children’s cause; present findings from ongoing US Attorney sequestered investigations per the matters before the court; present Grand Jury Indictments that may be handed down per criminal malfeasance; tort; statute violation; public corruption / racketeering that have taken place per matters before the court on this case, DR2000-090543 and other interrelated court; law enforcement; local government agency; city – county – state Attorney actions that have taken place over an extended period from 1994 until the present year of 2006; between the counties of Yavapai and Maricopa located in the State of Arizona.

 

2.                  Petitioner gave numerous notices by affidavit through his filings with the court since the year 2002 that his financial circumstances were deteriorating in Arizona, that in the beginning of 2005 in Saint Johns, Arizona said circumstances without remedy to effect a positive change in circumstance led to Petitioner requesting and receiving food stamp public assistance from the State of Arizona through the Department of Economic Security (DES) and giving notice with good cause that he would be returning to his home state of New Jersey and that;

 

3.                  From the inception of Petitioner’s exposure to the Arizona courts when he first filed a paternity action in the Yavapai County Superior Court in 1995, Yavapai Superior Court case number DO 95-0538 and then his application with CSSA, ATLAS case number 0000527750-01, and then this action DR2000-09053, Petitioner has seen and witnessed what would be expected to be normal activity within the courts but more so than not, what he and many others have seen was revolving Political pandering applied in the courts of Arizona contrary to the interests of; justice; the welfare of children; application of Arizona statutes and law; and the overall interests of the peoples of Arizona. The before mentioned ATLAS case has left a $17,000 child support order standing that has arbitrarily through the years, doubled, or tripled at the whims of Yavapai Judges Robert Brutinel or William Kiger, to where at one point three years after the inception of that ATLAS number, the balance arbitrarily reflected $28,000. I bring forward from that Yavapai case that it is confirmed by FBI Field reports completed by FBI Agent Kim Kelly, with interview in 1996 with a David Spence the then Chairman of the Yavapai County Republican Party, that; the Judge on the case Robert Brutinel the prior chairman had called him at home and also many others that he was aware of stating that; Walter J. Burien, Jr. will never get anything accomplished on his custody case in Yavapai County; Walter J. Burien, Jr. will never do any business in Yavapai County; that he had the cooperation of John Mofitt the city attorney and one of the County Board of Supervisors Feldmier to make sure that the before mentioned would take place. Robert Brutinel subsequently became the Family Law Judge for Yavapai County and appointed to the Arizona Commission for Judicial conduct, which enforces ethic complaints against Judges from Arizona. What a statement for politics and ethics within Arizona with the appointment of Robert Brutinel to that commission. Attached and marked Petitioner’s EXHIBIT (CD) are word processing copies of communications with CSSA; CPS; Yavapai Sheriff; Arizona and US Attorney’s office; other government agencies; attorney communications; affidavits from witnesses; court filings, as MSWord documents, from 1994 to 2006, collected and composed at great time, cost of life, and expense to Petitioner, of which the originals with several hard copies are within secure locations in Arizona. Any document contained on Petitioner’s EXHIBIT (CD), the original of that document bearing true signatures and date stamps can be produced by Petitioner for examination upon his return to Arizona, if he is presented with the opportunity to do so, all of which documents contained on Petitioner’s EXHIBIT (CD) are submitted; as evidence as if stated or presented here in full; and in support of Petitioners fore and after mentioned statements of facts presented and conclusions made, and that;

 

4.                  Petitioner’s NOTICES; COMMUNICATIONS; AFFIDAVITS of relocation; deteriorating financial circumstance; public assistance participation; advance education opportunity for his son John; corporate and personal family circumstance given throughout a full year before Petitioner’s departure back to his home state of New Jersey for all intents and purposes were ignored; conveniently dismissed; or primary points intentionally avoided by Judge Arthur Anderson of the Maricopa Superior Court, and with emphasis given to and by Petitioner’s own attorney, DeeAn Gillespie and that;

 

5.                  Petitioner’s requests for financial accountability from the court per specific issues such as balancing any current monetary judgment awarded for payment to Mr. Troy Brown with past judgments now put forward for monetary judgment that would equal or be of substantial greater value due Petitioner from Respondent for torts such as; Respondent’s judgment against her on two different occasions of contempt for venue shopping ruled on and handed down on two occasions by both the Maricopa and Yavapai Superior Courts as well as the Arizona Court of Appeals in Petitioner’s behalf have been ignored for monetary judgment and not acted upon for remedy by the court, Ms. DeeAn Gillespie, or any other party excluding the continued request by this Petitioner for remedy so far denied this matter.

 

6.                  Orders to pay fees to a Dr. Lanzalota of Mesa in the amount of $235 were ordered when Petitioner has clearly stated by affidavit filed with the court AT-THIS-TIME while under adverse circumstance from before, during, upon his arrival in New Jersey, and most specifically after the armed abduction of his son John Joseph Burien in direct contempt by local government employees from the city of Eat Brunswick, NJ to an Arizona Superior Court Order per the return of John Burien to Arizona by this Petitioner on or by December 22nd 2005, case DR 2000-090543 in their possession prior to and on November 23rd 2005; limited and sole income of $135 per month cash assistance and food stamps to meet living needs provided to this Petitioner “after” his indigent status verified by the Middlesex County Board of Social Services case number CO 76038-12; the court from the last hearing of February 23rd 2006, intentionally ignores these circumstances of Petitioner and says “pay this fee in 30 days”. The before mentioned facts, by any book of terms, are clear and intentional torts against this Petitioner; Additionally, Petitioner will bring forward and prove to an Arizona Grand Jury, upon his return to Arizona the facts that intentional fraudulent orchestration to facilitate a contempt order against this Petitioner took place after this Petitioner was forced to return to New Jersey with good cause. Petitioner’s Response filed with the court DR2000-090543, dated 02/18/06, Petitioner brings forward here as if stated and shown in full, EXHIBIT (H) there from which further exemplifies Petitioner’s efforts in attempting to have a grand jury from the state of the New Jersey US Attorney’s office convene, but in turn was directed back to Arizona for accountability, and that;

 

7.                  On November 23rd 2005, when Petitioner’s son, John Joseph Burien was for all intents and purposes taken through custodial interference perpetrated against the child and this Petitioner through the false coaxing / coaching of Respondent; a Prescott CPS caseworker by the name of Goldman; and several other adversarial parties, Petitioner when confronted with his son being taken under false pretenses did not yield to an East Brunswick Police Officer for ten (10) minutes when a traffic stop was attempted to facilitate and further said custodial interference, and subsequently Petitioner was charged with “Eluding in the 2nd degree” over “Failure to yield” and he was also charged with having hollow point bullets accompanying his Arizona registered firearm that was in storage within his motor “Home”, a 4th degree charge. During this ten-minute period Petitioner did not yield, the sole damaged party other than Petitioner or his son from the custodial interference inflicted upon them, was to a traffic sign within the Borough of South River, NJ that was damaged and Petitioner has paid the $37.50 claim repair cost for that traffic sign, and that;

 

8.                   The County Prosecutor’s office is pursuing prosecuting the two charges before listed with an intended objective of accomplishing a sentence to and for this Petitioner of five (5) years in the NJ State Prison system. Please see attached Petitioner’s EXHIBIT (INDICTMENT) as if shown and presented here. Petitioner needs to deal with these matters pending in New Jersey for required resolution; of which matters upon resolution greatly bear and are rudimental towards future circumstances; court rulings; and factual matters relevant to future rulings to come before the Arizona courts.

           

            THEREFORE, this Petitioner requires that PETITIONER’S NOTICE OF INDIGENT STATUS AND REQUIRED STAY PER ANY FURTHER HEARINGS OR ENFORCEMENT OF MONETARY AWARDS BEFORE THE COURT PENDING PETITIONER’S RETURN TO ARIZONA OR CHANGE OF INDIGENT STATUS by affidavit be honored by the Maricopa Court and or Courts of Arizona pending notice to the court from Petitioner and or the Middlesex County Board of Social Services in New Jersey that Petitioner, Walter J. Burien, Jr.’s indigent status has been remedied and he is able to return for hearing before the court in Arizona. Petitioner will be diligently striving for that end. Petitioner wishes to re-attain custody of his son John Joseph Burien as soon as possible with visitation or custody in place also with and for his daughter Gloria by signed ORDER of the Maricopa court upon his return to Arizona.

 

Respectfully submitted,

 

                                    Dated this 22nd day of March 2006.

                                                                         

                                                _____________________________________                                                                                             

                                                            Walter J. Burien, Jr. -   Sui Juris           

VERIFICATION

STATE OF NEW JERSEY     )

                                                                    KNOW ALL MEN BY THESE PRESENTS

COUNTY OF MIDDLESEX  )

 

Before me the undersigned authority on this day personally appeared Walter J. Burien, Jr., who after being duly sworn, did depose and state:

"My name is Walter J. Burien, Jr., I am over twenty-one (21) years of age, have never been convicted of a felony or a crime of moral turpitude and am competent to make this affidavit. I am the Father in the foregoing affidavit of PETITIONER’S NOTICE OF INDIGENT STATUS AND REQUIRED STAY PER ANY FURTHER HEARINGS OR ENFORCEMENT OF MONETARY AWARDS BEFORE THE COURT PENDING PETITIONER’S RETURN TO ARIZONA OR CHANGE OF INDIGENT STATUS by affidavit and all statements, allegations, denials and attached EXHIBIT (CD) contained therein are true and correct to the best of my knowledge and belief" "..No immunity shall extend to any judge of this State for any deliberate violation of law, fraud or conspiracy, intentional violation of due process of law, deliberate disregard of material facts, judicial acts without jurisdiction, blocking of a lawful conclusion of a case, or any deliberate violations of the Constitutions of Arizona or the United States, notwithstanding Common Law, or any other contrary statute."

 

                                                                        ,  Walter J. Burien, Jr.

 

Given under my hand and seal this 22nd day of March 2006

 

 

 

 

­­­­­­­­­­­­­­­­_____________________________________        ______________________________ 

Notary Public, In and For the State of New Jersey           Name of Notary - Printed

 

Copy of the foregoing NOTICE OF INDIGENCE with EXHIBITS mailed this 22nd day of March, 2006,

USPS CERTIFIED MAIL # 7005 1820 0002 5395 0883   TO:

 

Maricopa Superior Court

CLERK OF THE COURT

222 E Javelina Ave.

Mesa, Arizona 85210

 

AND by US Mail above to:

 

Honorable Hugh Hegyi

Superior Court of Arizona, Maricopa County

222 E Javelina Ave., Suite 3-E

Mesa, Arizona 85210-6234

 

AND:

 

Honorable JUDGE Lisa Daniel Flores

Superior Court of Arizona, Maricopa County

222 E Javelina Ave., Suite 4-D

Mesa, Arizona 85210-6234

 

 

AND by US Priority Mail to:

 

Troy Brown

1757 E. Baseline Road, Suite 130

Gilbert, AZ 85233

Attorney for Respondent

 

 

_____________________