Walter J. Burien, Jr.
Petitioner - Sui Juris
IN
THE SUPERIOR COURT OF THE STATE OF
IN
AND FOR THE
In Re the Marriage
of:
) No. DR 2000-090543
WALTER J. BURIEN,
JR., )
) PETITIONER'S RESPONSE TO
Petitioner, ) RESPONDENT
AND NJ DYFS
) filings with the court since
and
) WITH EXIBITS (A), (B), (C), (D), (E),
DEBBIE
C. BURIEN (WATTON),
(F), (G), (H), and (I)
)
Respondent. (Honorable Arthur Anderson)
)
] Subscribed,
sworn and sealed
Petitioner / Father,
Sui-Juris hereby submits the following; PETITIONER’S RESPONSE TO RESPONDENT AND
NJ DYFS filings with the
Maricopa Superior court since 11/23/05 by affidavit, with Respondent’s filings
now received on 02/15/06 by Petitioner.
Petitioner
has now filed herein his Response with the court as noted in Petitioner’s
MOTION FOR CONTINUATION OF HEARING SCHEADUALED FOR 02/23/06, received by the
clerk of the Maricopa Superior Court at 222 E. Javelina Ave., Mesa, AZ 85210 via US EXPRESS NEXT DAY AIR # ED
758275572 US at 11 AM, signed for by T. Luther. Petitioner
1.
Within Respondent’s EMERGENCY PETITION FOR ORDER TO SHOW
CAUSE RE: CUSTODY dated 12/12/05, respondent clearly exhibits flair for
fictional portrayals of facts with the exclusion of her own undisclosed
participation of complicity in the events discussed which is hereby addressed
and disclosed as follows. It is apparent that Respondent did not expect
Petitioner to see or to be able to respond to the several blatant and obvious
lies presented by her to the court in her motion:
a.
Respondent states several times in her EMERGENCY PETITION
that Petitioner was living out of his “car” when it is well known by Respondent
that Petitioner traveled to New Jersey in his 30 ft Southwind Motor “Home” that
sleeps seven, and is 100% self contained. See Petitioner’s EXHIBIT (A) 1 page;
Picture 2 & 3 that shows the exterior of the Motor Home where I and JJ
stayed when parked in the back yard of 76 Yorktown Rd. and the back of the 76
Yorktown Rd. house, Petitioner’s Father’s House. Petitioner’s EXHIBIT (B) 1
page; shows the interior and features of his very comfortable and fully
equipped
b.
Respondent’s clearly FAULSE statement and implication that
Petitioner was “living out of his car” is indicative of the other predominately
false statements made by Respondent within this document she filed with the
court and as was also predominantly true about her previous filings throughout
the propensity of this long standing domestic relations case.
c.
Petitioner made it a point to call Respondent at least once
per week so that she could be briefed on status, talk to her son JJ, and JJ and
I could talk to Gloria. My last call to Debbie prior to the incident of
November 23rd 2005 was on November 20th 2005, in which
even from the week before call, I disclosed to Respondent that we had moved
from the back yard of 76 Yorktown Rd. to a local church pending our return to
Arizona by December 22nd 2005 as required in the recent order of the
court.
d.
I had applied for and was approved to move into an apartment
complex directly behind my father’s house when my father’s house was sold, but
the court required my return to
2.
On
3.
The predominant reason this Petitioner gave notice to the
Maricopa Superior court and Respondent multiple times since 2002 of his intent
to relocate to East Brunswick, NJ was for JJ to receive the benefit of the
excellent services offered by the East Brunswick, School District and then
secondly for him to get to know his grandfather from NJ. As this Petitioner had
noticed the Court and Respondent via filed with the court affidavits with one
of said affidavits being SIX MONTHS prior to his departure, that HE WOULD be
enrolling his son JJ in 1st grade come the beginning of September
2005, was very pleased with the results seen when JJ was finally enrolled.
4.
JJ was thriving in his 1st grade class. It was
obvious upon his evaluation by the
5.
From when JJ began school on September 6th 2005,
my daily activities on school days were; up at 5:30 AM to review the Futures
market (I was trading one small commodity account for Mr. Reed); I woke JJ up
at about 7:30 AM; at about 8:00 AM we would leave the Motor Home and go to the
house to have breakfast with Grand Pa Bubien; and at 8:25 AM me and JJ would
walk to the bus stop where he would catch the bus at 8:30-35 AM. I would then
return to the Motor Home, monitor the market and make and business calls
necessary. At about
CIRCUMSTANCES
THAT LED TO THE EVENT THAT UNFOLDED ON:
A.
Several months prior to my departure to New Jersey, my
sister Joan who is one year older than I, and of which I had not wished to
speak to for over eighteen years since at that time she attempted an incestuous
relationship and I declined her advances. Upon Joan learning that I was coming
back to visit my father, when my father informed her that I was coming to NJ
she called me with a hostile tone and told me not to come to
B.
The general recent circumstances I was aware of per my
father were that he had lived by himself in the house at 76 Yorktown Road since
his wife, my mother’s death five years earlier, and it had become obvious to me
within the phone conversations I had with my father over the last three years that
Alzheimer’s was effecting him and its effects were increasing dramatically.
C.
Upon my arrival in
D.
I learned shortly after I arrived that my sister listed my
father’s house for sale $125,000 below market value for a house on Yorktown
Road so that it would sell in a very short period and listed the house for sale
on the day I arrived in NJ; She also contacted a nursing home for placement of
my father the day I arrived; The day after I arrived, she stopped by my
father’s house and moved my father’s recent financial records out of the house;
I enrolled JJ in school and upon her learning that I was successful in
enrolling JJ in 1st grade, she called the school running
interference with the school district administrator which prompted the
administrator to call me and require that my father personally appear before
her and sign an affidavit that JJ and myself were living and going to be living
at 76 Yorktown Road; and she called the East Brunswick Police Department to
have them tell me I had to move my Motor Home and not park on the street by 76
Yorktown Road; I then parked the Motor Home in the back yard when the Police
instructed me that I could not park the Motor Home on the street.
E. A
week or two after my arrival, I had managed to increase my father’s activity
level and he now stayed up most of the day and when JJ was there, JJ kept him
going. In discussions with my father, I learned that he did not remember that
he had a net worth of 1.2 million dollars going into 2001. He thought he never
had any money let alone 1.2 million; I then informed him that going back to
August of 1998 prior to my mother’s death, that his net worth was at $734,000 and
he thought that in no way did he ever have even a net worth of that amount. Now
even though my sister had moved out of the house what she thought were all of
my father’s financial records, she did not take his pre 1999 records. I told my
father that I would show him that in 1998 in “his own records” that he
prepared, it showed $734,000. He did nor believe me, but then when I brought
back his OWN records of net worth from the end of 1998, he looked at it with
amazement and spotting items listed saying he would have to look into that, and
that, and that….
F. When
I presented the possibility to my father that Joan may have been taking
liberties with his money over the last several years due to his condition, he
could not fathom that possibility and only thought that Joan had done
everything for him and “she would never do that!”. Well, seeing that my sister
and her new boyfriend were driving new $35,000 - $40,000 vehicles, the degree
of interference being run by her, the fact that my father was paying for lucrative
breakfast, lunches, and diners for her and her boyfriend four to five times per
week; she was getting long time friends of hers to cut the lawn, clean the
gutters, and shovel the snow throughout the year who were charging two to three
times what they should have; medication was being given to my father at the
direction of my sister via several doctors she was bringing my father to that
was for all intents and purposes the medication he was taking was having the
effect of knocking him out and it appeared was severely exaggerating his
condition; it became very evident to
me that I should not have delayed in my return to New Jersey, and should have
come back when I first intended to upon closing my business in Arizona at the
end of 2002 and I may have been able to have better protected my father and
also the family inheritance left by my mother and now questionably being
exploited by my sister.
G.
I learned from my father that my sister Joan AND my next
older sister Susan who had been designated by my father to be the executor had
manipulated my father two years after my mother’s death into canceling the
“Irrevocable Trust” in which my mother and father had created when she was
still alive. That Irrevocable Trust restricted the use of the surviving spouses
assets whereby the assets would go into an investment trust that would
exclusively generate a dividend check to the children, grand children, nieces
and nephews. Their was a stipulation for a payment for a set dollar amount from
the principle to be made to each of the four surviving children on top of the
intended annual dividend checks that were to be issued for decades to come
after the death of the surviving spouse..
H.
The issue to me per the power of attorney that my sister
Joan had secured was that she kept herself from being bonded and had the
ability to move, loan, make payments to herself, boyfriend, or other friends,
or invest without any oversight from any party as long as she kept the degree
of my father’s condition and true lack of competency hidden. My Father did not
even know how much his house was being sold for, when it sold, and to whom it
sold. He did not have copies of any contracts or agreements Joan had presented
to him, for him to enter, such as the real estate agreement for sale of the house
or even the power of attorney signed by him. Joan refused also to provide me
with a copy of the power of attorney she had over my father.
I.
Joan like a Stradivarius Violin was playing my father and
he thought Joan could do no wrong and was from the kindness of her heart
unselfishly helping him out. By the end of September 2005, it was growing very
increasingly clear to me that I had to take court action to prevent the
liberation of my father’s assets through the hands of Joan and others.
J.
I called several attorneys I knew from
K.
My sister was attempting to the best of her abilities to
bump me out of the picture. I had
secured the services of Comcast Cable for high speed Internet in my name for
connection to my Motor Home parked in the back of
L.
On
M.
On the 13th of October knowing that if my sister
got her way and my father was moved out, that she would step up the pressure to
have me eliminated from the picture by whatever means possible. It came to my
attention that Joan had made contact with Debbie and the Fullers back in
N.
My father could not believe that Joan was doing anything
wrong. I told my father that upon Joan moving him out, she would then move kick
JJ and me out prior to the house selling. My father assured me she would not do
this. I said she would. He said “he would not allow it”, so I said
“put-it-in-writing”. At that point, I prepared a four (4)-point document. Point
one was to protect his telephone number 732-254-5652 he has had since 1964 so
that it would not be disconnected; point two was to protect the Comcast Cable
account now established in my name so that it would not be disconnected
arbitrarily by Joan; point three was that in the event of the sale of the house
at 76 Yorktown Road with a buyer, which would usually close within thirty days
after sale, that I was to be given thirty days notice to relocate from 76
Yorktown Road (he wanted to give me sixty days but I told him if he was not
here, I had no reason to stay and thirty days was fine); point four was
granting me the right to review my Father’s financial affairs and contracts
being made in his name by other parties and if I saw a problem clearly against
his interests, to bring it to the attention of an independent third party for
correction. We went to a branch of his bank PNC Bank and the document was
notarized there. Attached and marked PETITIONER’S EXHIBIT (D) is a true copy of
the four-point agreement signed by my father.
O.
The
P.
With my father now out of his house, Joan stepped up the
activities to bump me out of the picture. She got a valid offer on the house
come around
Q.
The police came and said I had to leave being that my
sister had power of attorney, so I left. With the two days notice given by
Joan; the requirement to return to AZ by
R.
On or around November 15th 2005, I spoke with
JJ’s teacher and the Principle of his school and asked for a meeting to be set
at school on March 21st 2005, to update them on the current
circumstances, and I informed them that I was going to try to get a DYFS case
worker to attend the meeting so that DYFS would be included in with disclosure
as to the current circumstances. I gave the principle a copy of the court
minutes per JJ’s return to
S.
On the 21st of November 2005, the meeting took
place at Central School, I emphasized to the school personnel that I wished for
them to complete JJ’s evaluation by mid December; that I was paying rent now
over at the Calvary Gospel Church; that I may contest the return order for JJ
on the 22nd which was my right to do if I so chose; and that I had
tried to get a DYFS Caseworker to attend but they could not attend. I
complimented them on the great improvement I had observed in JJ from his
participation at
T.
On
U.
On the morning of
V.
Additionally, I had
filed out a parent permission slip for JJ to participate in a Christmas gift
giveaway that was going to take place at the store TARGET on
Petitioner
emphasizes within his EXHIBIT (G) that;
a.
Page 17, of the DYFS EHIBIT B, page 1, dated
b.
The report is then taken over with the reporter then to be
by the
c.
The DYFS report also notes contact with Joan on the 22nd
and 23rd of November 2005, and it has been learned by this
Petitioner that Joan made several calculated and contrived comments to the DYFS
caseworker designed with the intent by her to be very detrimental to this
father and volunteered to the DYFS caseworker on the 22nd of
November 2005, the day before JJ was taken, that she would take JJ in the event
DYFS took JJ from school. Her plan was hatching.
d.
Page 22 evidences the active involvement of a
e.
PETITIONER DID NOT RESIST ARREST. This father when
confronted with the taking of his son under false pretenses; and it was latter
disclosed to him as viewed in DYFS’s own
records attached here as being their statement that “he was not connected to
water” in his Motor Home, a clear fabrication, that was their justification for
taking JJ, Petitioner when confronted with the East Brunswick Police officer
attempting a traffic stop to take Petitioner’s son, continued driving at a very
slow rate of speed as he attempted to call on his cell phone, Ms. Gillespie,
his attorney back in Arizona. He was unable to reach her and then attempted to call his
father without success, and then did reach one individual where he quickly let
that individual know 3what was happening per the circumstances that were
unfolding. Petitioner drove for about 10 minutes and then being that the
situation was escalating with the involvement of many more police cars, pulled
his Motor Home into an industrial park, spotted a truck storage company and
pulled his Motor Home into that parking lot to find a place to stop. This
father then stopped his Motor Home, and it was surrounded by police officer’s
who then proceeded to smash out the windows of the Motor Home. The events that
took place here and from this point are in more detail disclosed within the
content of PETITIONER’S EXHIBIT (G). Petitioner also notes that in the Police
reports and quotes from the officers involved, stated that the event ended
peacefully; JJ was not hurt; and I DID NOT resist arrest. The event of the 23rd
from start to finish lasted about 15 minutes. There was no thoughtful intent to
elude; no intent to cause harm; nor intentional effort to break the law.
Petitioner under the circumstances was thrust into a reflex action to protect
his son. Nothing more, and noting less.
f.
Petitioner notes that he found out that Joan called the
prosecutor’s office insistently and also the jail demanding that an order of
protection be issued for her before I was released from jail. She was aware of
what she had done and was in a panic to get an order of protection issued. I
had no hostility towards her though due to the fact that she was just being
herself. There were no surprises here. I got caught of guard for a moment on
the 23rd of November and was slammed hard and fast. When I was
release by making bail on the 9th of January, the sheriff processing
my paperwork told me “now you do know you are to have no contact with the
victim your sister Joan?” and I said What? Joan managed to get herself listed
as the victim under the charges I was facing so that she could have an order of
protection issued.
g.
Petitioner also notes that when he was arrested on the 23rd
and then at the first hearing before Judge Ray on the 28th of
November that he emphasized that he wished for JJ to have no contact with Joan,
and wished that he finish his evaluation at Central School, and that JJ be then
returned to Debbie in Arizona by December 22nd. DYFS initially was contemplating keeping JJ
here but at the first hearing I emphasized the point that
h.
Petitioner is diligently working to correct the
circumstances he now faces in NJ due to the event of
i.
Additionally Petitioner is diligently working to secure
sale / licensing rights to the BRTF which may be accomplished at any time if
the right circumstance present themselves. This could really turn the tide in
the short run if accomplished especially in light of the fact that Petitioner’s
cash, and financial circumstances were drained to virtually nothing and a
severe negative as a result the delayed departure from
j.
Petitioner calls his son JJ and daughter Gloria every
Saturday. When he reaches them he is confronted with Darlene Fuller or Debbie
in the background prompting JJ and Gloria to make comments like “I don’t like
you”, “I hate you” or “if you are real good then maybe they will not through
you back in jail” as they instruct Gloria also not to talk but to scream on the
line so that JJ and I can not here each other talk. I am sorry to say this is
nothing new coming from Darlene or Debbie, but the standard and what I have
come to expect to come from them. To JJ’s credit, he resists repeating these
negative comments and what they instruct him to parrot. Gloria on the other
hand has been exposed to this type of negative behavior for quite a longer
period of time and parrots more easily these negative comments depicted to her
to repeat. I was caught off guard on
k.
I will attempt to defend my children to the best of my
ability and hold all that harm them accountable if my child or children are
damaged. I was seeking the assistance of the NJ US Attorney to Convene a grand
Jury for that purpose per past occurrences and will continue to pursue for
prosecution the same from the US Attorney’s office in Washington DC as was in
process from before November 23rd 2005 and as is effect for
accountability as of today’s date. Attached and marked PETITIONER’S EXHIBIT (H)
7 Pages; my request for a Grand Jury convene are true copies of Petitioner’s
communications with the US Attorney’s Office of New Jersey per convening of a
Grand Jury prior to the events of November 23rd 2005, unfolding.
Petitioner was subsequently directed to the office of the Attorney General in
l.
Attached and marked PETITIONER’S EXHIBIT (I) 5 Pages as if
presented here in part and in whole; is a communication dated March 21st
2002, between this Petitioner and Ms DeAnn Gillespie that was also Faxed to
Judge Udall on that date. This communication, EXHIBIT (I) covers many points
per occurrences I observed coming forth from Maricopa case DR2000-090543 and
Ms. Gillespie’s activities or lack there of per what I considered to
be relevant matters at hand per DR 2000-090543 during the time lines discussed
therein.
Petitioner again repeats what he said at
the beginning of this affidavit; that he wishes to maintain / re-attain custody
of his son John as soon as possible with visitation or custody in place also
with and for his daughter Gloria by signed ORDER of the court.
Petitioner again requests that the issues
of custody and visitation be stayed by the court until April of 2006, in which
hopefully by that time Petitioner will be in very good standing to protect and
maintain custody, God willing, of and for his children.
Respectfully submitted,
Dated this 18th day of February 2006.
_____________________________________ Walter J. Burien, Jr. - Sui Juris
STATE OF NEW
KNOW ALL MEN BY THESE PRESENTS
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 RESPONSE TO RESPONDENT AND NJ DYFS filings with the court since
11/23/05 by affidavit and all statements, allegations, denials and attached
EXHIBITS (A), (B), (C), (D), (E), (F), (G), (H), and (I) contained therein are
true and correct to the best of my knowledge and belief" "..No
immunity shall extend to any individual of the State of Arizona 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
violation 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 20th day of February 2006
_____________________________________ ______________________________
Notary
Public, In and For the State of
Copy of the foregoing MOTION TO CONTINUE
containing REQUESTED ORDERS mailed this
20th
day of February, 2006, USPS EXPRESS NEXT DAY AIR # EQ 471720783
US TO:
Maricopa Superior Court
CLERK OF THE COURT
AND:
Honorable Arthur Anderson
Superior Court of Arizona,
AND USPS CERTIFIED MAIL
TO:
Troy
Brown
Attorney
for Respondent
AND:
JOHN
L. POPILEK, P.C.
AND
DeeAn
Gillespie
GILLESPIE
AND ASSOCIATES
Attorney
previously retained by Petitioner
Removed
with cause by Petitioner as of: November 23rd 2005
AND
COPY SENT USPS CERTIFIED MAILTO:
US
Attorney - Chris Christy –
US
Attorney - H. Marshall Jarrett –
CRIMINAL
SECTION
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Ave., NW
Criminal Section, PHB
Washington, DC 20530
_____________________