STATEMENT OF: Walter J. Burien, Jr.

3.) Now that my father was living by himself, in the year 2002, I started to make plans for my and my son’s return to East Brunswick, New Jersey so that; My son would be able to get to know his grandfather. Be enrolled in school there to benefit from a blue-ribbon school district that offered the best special ed services; I could attempt to revive my business which had faltered in Arizona since the year 2002; and I could spend time with my father and spend some time at the home I grew up in before it was sold. I had lived primarily on the west coast in Arizona and California for the last 22 years.

6.) In May of 2005, my sister Joan Bubien that lived in Sayreville, NJ, who I had virtually no contact with for twenty years called me upon learning that I was returning to NJ to spend time with my father and she threatened me not to come to NJ. I had no contact with my sister at my choice after she attempted an incestual relationship while in a drunken state twenty years earlier. Her hostility towards me not to return to NJ sent up a big red flag of concern. I told her I was coming to NJ and that “my six year old son would get to know his grandfather while he was still walking on this planet. That is when she told me: “She had power of attorney for the last four months, and that she controlled everything that took place, and I and my son could not stay with my father.” The Power of attorney comment Joan made and the way she made it sent up the biggest red flag of concern possible.

7.) Come June of 2005, my financial circumstances in Arizona were deteriorating over improving and the showing of my father’s Alzheimer’s was becoming much more pronounced, I asked for the assistance of my father towards relocation and gas money to make the trip back to New Jersey in my 30 foot motor home. My father allocated the money to make the trip at the end of August 2005, I, my son, and the family dog departed for New Jersey in my motor home after I had secured our property in Saint Johns, Arizona for the winter..

a. I note that before I arrived in NJ that in early 2005 when speaking to my father from Arizona by phone he had complained about being charged significant money for work done at his house. On one occasion he said he was charged about $650 from someone to clean the gutters of the house and on another occasion after a snow fall being charged $425 to get the driveway and sidewalks cleared. I asked him who had arranged for these individuals to do these jobs and he said Joan had done so. This information disclosed to me by my father sent up a red flag being that twenty years earlier Joan had promoted to my father to use a lawn service from South River, NJ that was a friend of her and her then husband Sonny that would double bill and pay half of the amount collected to the referral, her. At that time when I told her that was bad of her to do that, her reply was: “Dad had plenty of money, he would never miss it.” I regret not having taking action to protect my father at that time.

b. On September 6^th 2005, when and after I had enrolled my son in 1^st grade, Joan upon learning that my son had been enrolled ran interference with the school district administration per them allowing enrollment of my son. The school district administrator then contacted me wanting me to bring my father to the school district office for him to re-sign a notarized letter she already had “in front of her” that I and my son would be staying at 76 Yorktown Rd. My father went there and complied with the school administrator’s request. Joan in the alternative before he went to see the administrator had instructed my father by phone not to do so.

c. When I arrived at 76 Yorktown Rd. I had planed to park on the street at the bottom of the driveway so that I could travel easily in the motor home. Joan on September 8^th called the East Brunswick Police and said I was parked on the street at the bottom of the driveway and asked the police to tell me I had to leave. A police officer stopped by that morning and told me I had to leave by noon of that day. That I could not park on the streets. I in the alternative moved the motor home into the back yard of the house after I confirmed with city zoning that a RV could be on the side or back yard of a house in East Brunswick..

f. It became evident to me in a very short period of time that my father’s Alzheimer’s was much more advanced than I had previously thought. At first I realized that he spent half of his day sleeping upright in his study chair in front of the TV. His short-term memory was almost non-existent. It appeared that Joan did not have a problem with my father’s condition and him being alone in the house, but now that I was there to observe what was going on and in a position to help and benefit my father, she now was trying every avenue to cut off my and my son’s participation with my father.

g. Upon questioning my father, it became apparent that he had no idea as to how much his house was being sold for. He thought it was going on the market for $585,000 to $620,000 and in fact Joan had listed it for $525,000. I asked him for a copy of the sales agreement but he did not have it nor did he know what percentage the broker would get. I learned that the commission was set at 6%., I asked him to see a copy of the Power of Attorney he had granted to Joan, he did not have a copy and Joan refused to provide a copy for me to see.

h. It became evident to me also that Joan had learned to play my father like a Stradivarius violin. Whatever she wanted my father to believe or say, she would just repeat it or infer it and my fathers would then repete or say the same; Fact, fiction, true, or false. Joan used this technique on my father consistently to discredit; defame; harass; and attack myself in her attempts to bump me out of the picture for whatever reasons she had. I ignored her hostilities, avoided her and concentrated on accomplishing quality time with my father for my, his, and my son’s sake. The interference Joan ran to disrupt quality participation between father and son Joan was relentless and outright abusive in its underlying deception.

EXAMPLES: I had asked my father to come on a trip to the Statue of Liberty with John and myself. He thought that was great, and this would be the first field trip for the three generations of the guys to participate in. Joan upon learning that my father was going to go with us, played on my father’s short term memory loss and told him he could not go being that he was supposed to go to lunch with her and Mike her boyfriend. My father canceled at the last minute and did not go. Joan did the exact same thing when my father was going to go on a trip I took to Washington, DC with John. He was already to go until Joan found out, she went to work on him, and he did not go.

i. Joan was pushing way to hard and this motivated me to now start looking and investigating identifying her motive for doing so. I knew she probably maintained resentment for the rejection I had given her twenty years earlier towards her sexual advances and my subsequent non-participation with her or her children. Joan’s consistency, degree of manipulative actions at this point, and out-right blatant aggressive behavior and hostility exerted against me seemed to run way far to deep and almost to a point of maniacal desperation.

j. Towards the end of September, I started questioning my father as to financial issues. I asked my father what he thought his net worth was. He did not know. I asked him if he remembered having a net worth in 2001 of 1.2 million dollars and he said; “He never even had close to that much money.” I note that in 2001 my father disclosed to me that that he had just broken the 1.2 million dollar net worth mark. He was proud of that and I think he was bragging a little which is something he never really does.

k. Therefore, when he said he did not remember having a net worth of 1.2 million in 2001, I asked him if he remembered having a net worth of $747,000 in 1998. He said he never had that much either. I then asked him if he would like to see his own financial statement that “he” prepared from 1998 to show him that his net worth in 1998 was what I had just told him it was, and he said he wanted to see it. What Joan was not aware of was the fact that my father kept a file folder that was intentionally mislabeled by him whereby he could hide important information “in plain site.” He showed this folder to me and showed me where he kept it years ago on a prior occasion when I visited him. I brought his ledger to him and showed him the 1995, 1996, 1997, and 1998 statements. He then looked at the items listed in the 1998 with surprise and attempt to recollect. He seemed to focus on the several insurance policies listed and investment accounts. He then said, he would have to look into that, and that, and that. The following day he had forgotten, he had looked at it or the factual listing of assets it contained. I showed it to him again and by the afternoon, he again forgot that he looked at it or the facts shown therein.

l. By the end of September and going into the beginning of October 2005, it now was greatly concerning me as to what possible liberties Joan had taken with my father’s net worth holdings and standing finances over the last few years. It became very disconcerting to me that I had not come back home sooner, and that Joan had situated herself where she could so easily manipulate my father’s memory and recollection at her whim, not just towards his finances but also towards the ongoing circumstances affecting myself and son John. Joan and I also noticed now Susan in cooperation with Joan could tactfully feed our father whatever false derogatory comments or created negative thoughts or circumstances that fit her manipulative and designed intent. These actions by her would cause damage fulfilling her negative agenda towards myself, son, or even family dog and my father would believe what was said, in fact if false he believed what was said had happened or was true even though what Joan was telling him were fictional accounts to meet her controlling design. I note that when my mother was still alive, Susan had been selected by my mother and father to be the executor over an; “Irrevocable Trust – Last Will in Testament” enacted by my mother and father.

m. It became very obvious to me that the hold Joan had accomplished over my father gave her almost 100% capabilities to create “whatever” reality she wanted my father to believe, true, false, or even outright ludicrous. To my dismay, I learned quickly that our father in all respects did not know in reality the most important aspects of what was transpiring around him and in most probability may have been predominately this way for now over two years. Even though the power of attorney that my sister Joan had was supposedly secured four months ago, she had positioned herself to handle many financial matters for my father since my mother had died five years earlier. Our father thought Joan could do no wrong and had unselfishly helped over the last several years. She had also planted the false thoughts in my father’s mind that I had never worked in my life; just wanted to know what the balance of his checking account was; and came back to NJ to take advantage of him. In reality, I have run my own business for 28 years, and have stood up to financial hard time on and off throughout my lifetime.

n. Per financial assistance that my father rendered since I turned 18 years old; he never offered college assistance to me. Throughout the last 32 years, I have received direct financial assistance from my father, which totaled approximately $18,000 over those 32 years, of which $2,500 of that amount was allocated to me to facilitate my return to NJ at the end of August 2005. The gasoline alone at the beginning of September to drive my motor home that gets 6 MPG at the then $3.18 a gallon was $1,600.

o. Upon my return to NJ, I kept my expenses low, paid all of my own expenses that I incurred, and after realizing the degree of my father’s condition, did not take any money that he offered me and in fact, if we went out for a bite to eat, I paid the bill. The Comcast cable at 76 Yorktown Rd my father switched to my name at my request, I paid for being that I hooked it up to my motor home in the back yard, and turned on DSL service through Comcast so that I could use my digital phone service offered through VONAGE and also trade the futures market via the Internet for one small account I was managing for a Douglas Reed, a soybean farmer from Ohio.

p. My father thought that Joan did not benefit from helping him. I looked at that circumstance to evaluate the reality of this. What I saw was the following. When our mother died, father gave Joan all of mother’s jewelry, mink coat, and wedding ring. The 1999 appraisal just for the diamond ring was $21,500 and the mink coat $5400. Joan and her boyfriend Mike would have father take them out for breakfast, lunch, and diner several times a week running up consistent restaurant bills. It came to my attention that Joan was still using the same lawn service from South River that would split billing under the table and just for the month of September this lawn service had submitted a bill saying that the lawn was cut six times when in fact it was cut only once. My motor home was in the back yard and I was very aware of if, or if not the grass was cut. My pictures taken of the lawn over that period also proved the same. Joan had my father give her son Daniel several thousand dollars to buy a car where he was supposed to make payments back, and that was not done. What else was Joan or her friends benefiting from, I did not know and she was keeping silent. If a rental house was bought in Ohio by Joan with my father’s money, or a new truck for her boyfriend, or a business loan made to her or her boyfriend with my father’s money, or if excessive payments were made discretely to her friends, I nor even my father would know. Especially in light of the fact that several hundred thousand dollars of assets he once held, he no longer remembered having. Accounting of his assets, expenditures, and investments from 2002 through 2006 was in great need to be completed by a neutral third party.

q. I asked my father if he had given Joan or my next oldest sister Susan Thomas (Bubien) any substantial cash gifts or made any large personal investments with them for business purposes or purchases, over the years and he said no he had not. Verification of this was impossible under the circumstances. My father did not remember for the most part, what he did an hour earlier let alone over the last three years? My father if confronted with that his short-term memory was fading would deny it and in fact would think his memory was perfect. He could give the impression in a conversation that everything was OK, but if basic qualifiers were used to qualify cognitive issues, it became obvious the void was rather large towards lacking general cognitive competence. If you gave the answer true or false, on the spot he would repeat it and say he knew that all along. It appeared Joan avoided being bonded by holding back the degree of our father’s memory loss. She brought him to see doctors, but kept a close handle on the reports generated. Dementia would be the term she would use when describing our father’s condition. Additionally, Joan from these Dr. visits she brought our father to arranged for him to be taking a combination of drugs. A partial list of drugs he was taking each day that noted caused dizziness, liver damage, or heart failure were: Zocor, Altace, Glipizide, and Aricept.

r. At one point in the beginning of November 2005, I addressed the point with my father per the “Irrevocable Trust – Last Will in Testament” enacted by he and my mother. I addressed the issue by telling him that my mother, his wife had sent me a copy of the “Irrevocable Trust – Last Will in Testament” before she had died. He replied; “That is no longer valid. He had replaced it with a different one that Susan now had.” I stopped there and did not take it any further when he confirmed that had been done. I spoke with Susan later and told her mother had sent me a copy of the “Irrevocable Trust – Last Will in Testament” enacted by them and I could hear the nervous panic in her voice as she presented some trick questions presented to me to verify that I had a copy of the “Irrevocable Trust – Last Will in Testament” enacted by them. Susan had recently purchased a kennels in New England, Ashe Pond Farm Kennels, 163 Collins Rd, Ashaway, RI 02804, Tel.,(401) 377-2764. Accounting and viewing of the “Irrevocable Trust – Last Will in Testament” enacted by my parents and what is currently and recently standing in place, put in place after our mother’s death needs to be looked at by a neutral third party and if the law has been violated here, consequences and accountability needs to be forthcoming.

s. Joan had scheduled the move to the Castle at Foresgate for our father to take place on October 15^th 2005. I wished for my father to stay at 76 Yorktown Rd with me and John until the house sold which would probably be one to three months further down the road. I wanted this so that the three generations of “the guys” could have some more quality time together at the home at 76 Yorktown Rd. being that only a little over one month was accomplished so far and that Castle at Foresgate charged $4,400 per month to stay there. If he, I, and John stayed at 76 Yorktown until the house was sold and then closed, we could have that quality time together and if it were for two months, he would save $8,800. Note: The house did sell in December of 2005, closure was over a month and the buyer took possession it appears in February of 2006. My father agreed with me and tried to cancel the move to Foresgate. Foresgate billed on a day by day basis (basic minimum $140 / day) so no penalty there, and they had at least seven ready rooms so no shortage there also, the moving company only required one day notice so no penalty there. So, it seemed my father would stay awhile longer. He called the trucking company and canceled the move telling them he would reinstate the move when his house sold. They said “no problem” and canceled the truck. I told him to call Castle at Foresgate and put on hold his move to there and he said he would call Joan and have her do that. I told him that she would not cancel and that she would reinstate the truck and move him out as scheduled on the 15^th. He said “what are they going to do, carry me out of here?” And I said no, she would not have to, she would just tell him that he was all ready to go and how he said to bring him over as if it was his idea, and he would go. Well, he called Joan to cancel the move, but she reinstated the move, and on the 15^th of October our father was hustled off to the Assisted living home by Joan and myself and John were now in the motor home by ourselves in the back yard of 76 Yorktown. I note that upon learning that the truck company was going to charge $1,200 to $1,400 to move the items of my father’s intended for room and also his pool table to Castle at Foresgate, an approximate eleven mile drive from the house, I told her I could rent a large Uhaul Truck and get two helpers to do the move and it would only cost about $200. Her reply was no need, dad has plenty of money.

t. Prior to the 15^th of October 2005, out of concern for John and myself per Joan kicking us out of the back yard at her whim upon my father being moved addressed that issue with my father on October 11^th 2005. I said to him that Joan upon him being moved would kick me and John out on the street and he replied; “She would not do that.” I said, Oh yes she would. He said “he would not allow it.” And I said, now knowing the manipulative control Joan had over him; Then put it in writing. He said OK. I prepared a letter for him to sign in which I brought four (4) points forward. The first point being to assign his telephone number he has had since 1963 to me so that Joan could not have it disconnected where it would be lost. The second point was per the Comcast cable account being assigned exclusively in my name so that Joan could not disconnect it thus disrupting my business being conducted over the internet and phone service also facilitated there in. Third point was that upon a buyer being found for the home at 76 Yorktown, that I would be given thirty (30) days written notice with the house going into closure (closure usually took 30 to 60 days and sometimes longer before a buyer would take possession) for me and John to move my motor home from 76 Yorktown. The forth point I brought forward was to review and have access to my father’s financial records and signed contracts exclusively for review, and if I discovered circumstances taking place that were clearly contrary to my father’s interests, to have a professional neutral third party review the same for possible corrective action if deemed necessary. I brought my father to a branch of his bank, PNC where this letter was then signed by him and then notarized by the PNC bank manager. The following day a copy of this letter was faxed by me to my sister Susan and my father was given two copies. I found out supposedly three days latter my sister Susan had my father sign a note on the bottom of her faxed copy resending the letter which for all purposes could only be revoked legally by court action.

u. From the 15^th of October 2005 until the 11^th of November 2005, Joan had the Comcast Cable that was in my name shut off four (4) times by representing herself as me or implying the power of attorney she had in my father’s name gave her the right to place orders on an account in my name. Comcast finally had to take steps to protect disruption of my Comcast account whereby it was noted that it required me to personally come by their office and present my noted specific picture ID to place orders for my account. The comments the Comcast personnel made about Joan are not fit for print. Joan also had the phone number in my name disconnected four times in that same time period which also required special steps being taken by the phone company to prevent her from doing the same.

y. On the business front for me come the beginning of November, things were looking up. I had secured an investor for $10,000 to proceed with the sale of a telecommunications US Patent I possessed for an invention called the BRTF. Additionally, one client had established an account for me to trade futures with, and I had touched grounds with the CEO of the company called Vonage, Jeff Citron per them purchasing patent rights to the BRTF in the amount of about 2.8 million dollars and they were interested and referred me to their head IP attorney in DC to discuss the deal.

z. On November 9^th 2005, Joan left a typed letter at 76 Yorktown she created and had my father sign telling me I had two (2) days notice to move and that I must leave by 3:15 PM on Friday November 11^th 2005. On Friday morning, my sister Susan showed up and so did Joan, her boyfriend Mike, and my father. I stayed in my motor home not wanting myself or son John to have any contact with Joan. At 3:10 PM, Joan and Susan disconnected my Comcast cable connection from the front of the property, rolled it up down to the motor home, opened up the RV gate and said goodbye Walter. I stepped outside with John, locked the door and walked over to the East Brunswick Police station requesting for an Officer to enforce the 30 day written notice clause on the notarized agreement letter my father had signed and they dispatched two officers to do just that. New jersey tenancy law required court action to force someone to move. When the officers came to 76 Yorktown, Joan and my sister Susan worked on them for twenty minutes or more, had my father tell the officers I had to leave (both sisters gave my father the impression the house was sold and the people wanted to move in that week, a clear fabrication on their part but my father did not know that. The East Brunswick Police officers buckled to my sister’s pressure and insistence and did not comply with the standing tenancy law and told me I had to leave. I then left and the following day approached the pastor at the Calvary Gospel Church on Dunhams Corner Rd that was close by and he told me I could park m motor home there now that my father’s back yard was not available to me. I told him I would be returning to Arizona at the end of December and he we agreed on a deal were I could pay him $200 for a month and have access to electricity for my use. This was acceptable to me being that John was close to his school bus stop for me to drop him off and pick him up and the church could offer John extra social contact with the kid activities there until our return to Arizona.

aa. I notified the principle at Central school as to the current circumstances effecting myself and John and asked if a meeting could take place on Monday November 21^st to update them on John and also so that I could check the status of several evaluations they were conducting on John for special needs educational assistance. A meeting was set for 8:30 AM on the 21^st of November 2005. I mentioned to them I was going to try and have a DYFS case worker attend so that they could be included in the loop. That I was concerned some parties back in Arizona may attempt to fabricate an abuse report and if they were included in seeing the happy and health state John was in, that would not be possible. I called the Piscataway office of DYFS on three occasions prior to the meeting at the school in an attempt to have a caseworker attend the meeting on the 21^st but they told me that it was not possible for a caseworker to attend unless I filed an abuse report.

bb. The meeting took place on the 21^st of November 2005, at 8:30 AM and I updated those present, John’s teacher, the school principle, and the guidance councilor per circumstance and our relocation to the church pending return to Arizona. I gave the a copy of the current court order. I also asked them if they thought they could complete the evaluation of John prior to our departure in December and they thought they would be able to do so. I mentioned to them that the DYFS caseworker was unable to attend due to them having no valid complaint of abuse. The principle informed me that being we were no longer at 76 Yorktown Rd, that I could no longer bring John to the bus stop there, but in the alternative I must drive him to school starting as of November 22^nd 2005.

cc. November 23^rd 2005 – I dropped John off at school about 45 minutes late. It was a half day being the day before Thanks Giving and a long holiday weekend, I stayed parked in the Parking lot in the motor home and took a nap being that it would be such a short time until John would get out of school. My intuition per DYFS being used to grab John started to intensify. I thought I was being overly concerned due to the harassment Joan had inflict on me, and due to the fact I had a tooth pulled the previous evening and due to the pain only got about an hours sleep. I did see a white mini van pull about three car spaces to my right and an Afro American woman who had a pull bag with go into the school and about 20 minutes later come back out and stand by her mini van staring at my motor home from about five yards away for about two or three minutes. It went through my mind at that time that this individual was a DYFS person and John was involve. This motivated me to pull my video camera out and tape her for about a half a minute but then she left and I said to myself if she was from DYFS and it was about John, that she would have approached my door and knocked being that school personnel were familiar with my motor home and my plate was: WJB (AZ). I learned much later that this individual in fact was a Toshia Gresham, a DYFS caseworker and she had just spoken with John.

dd. It was getting to be about 11:40 AM, John would be getting out of school in about an hour, and I had a parent permission slip I needed to drop off with the school. I located it, signed it, and then went into the school to give it to the Principle. I also had in my hand a statement that was from December of 1999, that told of what happened when John was grabbed in Prescott, Arizona under false pretenses, in which lead to him suffering severe head / brain damage in the hands of his mother. I was going to give that to John’s teacher to read.

ee. When I went into the school I approached the principle and gave her the signed permission slip. She said she would take care of that. She then looked at ,me and said; “Walter, DYFS is involved now and John is going home with them today.” Well, hit me over the head with a baseball bat. I had taken every step to make sure DFYS would not be used under false pretense against John and myself and here it was unfolding before my eyes. I walked to John’s room and told his teacher that I was checking him out early. I did so, went to my motor home, and left the school. A few hundred yards down the road an East Brunswick Police Officer at the instruction of the school personnel attempted a stop of my motor home. I did not yield and continued to drive at a slow rate of speed as I attempted to call my attorney DeeAn Gillespie back in Arizona to let her know what was happening and being that I now was aware of the fact that custodial interference was being perpetrated by parties known and unknown to myself at that time, I wanted to ask her what should I do to prevent my son from being falsely grabbed. I was unable to reach her and very quickly 1 patrol car turned into at least ten marked and unmarked police cars following me or pulling in front of me at intersection. I then drove to an industrial park away from the residential areas I had been driving through looking for a safe place to stop my motor home. I found what I considered a safe stopping location and stopped. Additional details of what happened after I stopped can be viewed on my website at http://CAFR1.com/Jail.html

ff. I subsequently found out that Joan, my ex Debbie, and a politically motivated CPS caseworker from Prescott, AZ by the name of Goldman had called the school, DYFS, and as in Joan’s and Debbie’s case had talked with these parties on the 22^nd of November 2005, making derogatory and false comments to orchestrate / motivate the DYFS caseworker to grab John from school by the end of the day on the 23^rd under false pretenses. Here now was orchestrated custodial interference under false pretense in direct violation of a valid and standing Arizona Court order. A court order that I put into the school personnel’s possession on the morning of November 21^st, that they put into the hands of the DYFS case worker on November 22^nd, and that was clearly violated by them on November 23^rd. This violation of the standing court order for all intents and purposes lead to the endangerment of John, me, and several other parties. Also, the fact that to perform this custodial interference, it resulted with John being taken by armed force, mace being sprayed in my face, significant damage being done to my motor home, the brutal incarceration of myself for 45 days, the direct cost to me of in excess of $17,000, and John being put into the hands of Joan the night of November 23^rd 2005 for the next three weeks, until he was then transported over state lines and returned to Arizona by the same parties that orchestrated the custodial interference in the first place.

hh. As of April 12^th 2006, I for the first time since the events unfolded on November 23^rd 2005, was able to pay and secure an attorney to file an ORDER TO SHOW CAUSE. This being done by me to accomplish some form of accountability towards what may have transpired regarding the assets that my mother left behind after her death under the “Irrevocable Trust – Last Will in Testament” as well as the chain of events that have effected my father and his standing assets. At the request of my attorney, I have prepared this statement for his use in court this date.