Walter J. Burien, Jr.
P.
O. Box 42
East
Brunswick, NJ 08816
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
] 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
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
_____________________