Walter J. Burien, Jr.
P. O. Box 2112
Saint Johns, AZ 85936
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
] Subscribed, sworn and sealed
Petitioner / Father, hereby submits the following; EXPEDITE REQUEST TO SET HEARING BEFORE the Hon. David Gass, three hours requested, four hours if the court deems just and proper, with cause as follows;
1. Petitioner adjoins his EXPEDITE REQUEST TO VACATE HEARING OF 03/09/09 before Hon. Commissioner Wesley Peterson with cause. Filed with the court and dated March 18th 2009 per his request to set hearing before the Hon. David Gass.
2. Additionally, Petitioner requests that the Hon. David Gass order the mother Debbie Watton to complete the parenting class she was ordered to complete from the inception of this case in 2000 but has refused to do. Father's certificate of completion of the Parenting class is on file with the court since 2000.
3. Father has completed several (five) psychological evaluations between 2000 and 2004 in his efforts of good showing in these matters. All evaluations bore findings of a good concerned and caring parent, a clear benefit to the children and recommend the father should have custody of his children. Dr. Shane Hunt, psychologist from Show Low, AZ after conducting in 2003 a psychological evaluation of the children John Burien and Gloria Louis Watton (Burien), in writing to the court and as on file with the court, strongly recommended that the adults in Prescott that the children are living with and being exposed to, be evaluated by Psychological testing as soon as possible. If the children are at risk being exposed to these individuals, as is evident by their conduct over the last four years bears witness to, it is essential for the court to review professional findings as soon as possible. The parties Dr. Hunt recommended be evaluated living with the children were: Debbie Watton (the mother); Darlene Fuller (the grandmother); Pete Fuller (the Grandfather); and Hank Agulara (the mother’s 69 year-old live in boyfriend for the last nine years). Petitioner requests that the Hon. David Gass order at this time these psychological evaluations be conducted and completed as soon as possible, and the psychologist used not be at the direction of CPS Prescott (a sever conflict of interest), but be at the direction of the court using a reputable psychologist known to the court located in Maricopa County. This should have been done a long time ago and in any light, needs to be urgently done now.
4. If this father's finances improve in the near term, and he is financially capable, he wishes to have custody of his children when school lets out over summer vacation this year, and if the court deem fit after reviewing the results of the psychological evaluations when completed, for the father to continue having custody of his children on location in Mesa, AZ and on occasion in Saint Johns, AZ.
Petitioner THEREFORE, requests that a hearing be set and all matters be heard before the Honorable Judge David Gass, three hours requested, four hours if the Hon Judge David Gass wishes longer time to address the matters before the court in this matter.
Respectfully submitted,
Dated this 18th day of March 2009.
_____________________________________
Walter J. Burien, Jr.
STATE OF ARIZONA )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF APACHE )
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 EXPEDITE REQUEST TO SET HEARING by affidavit and all statements, allegations, contained therein are true and correct to the best of my knowledge and belief"
,
Walter J. Burien, Jr.
Given under my hand and seal this 18th day of March 2009
_____________________________________ ______________________________
Notary Public, In and For the State of Arizona Name of Notary - Printed
Copy of the foregoing EXPEDITE REQUEST TO SET HEARING BEFORE THE Hon. David Gass, mailed this 18th day of March 2009, USPS PRIORITY Mail - Delivery Confirmation# 0307 1790 0004 3564 6760 to:
Maricopa Superior Court
Filing Counter - CLERK OF THE COURT
222 E Javelina Ave.
Mesa, Arizona 85210
AND by USPS PRIORITY Mail - Delivery Confirmation #0307 1790 0004 3564 6838 to:
Troy Brown
1757 E. Baseline Road, Suite 130
Gilbert, AZ 85233
Attorney for Respondent
And on the 18th of March 2009 sent USPS 1st class mail to;
Hon. Commissioner Wesley Peterson
222 E Javelina Ave.
Mesa, Arizona 85210
Hon. Judge David Gass
222 E Javelina Ave.
Mesa, Arizona 85210
Paula Cotitta
Assistant Attorney General
P. O. Box 2390
Gilbert, AZ 85299
By WJB