Walter J. Burien, Jr.

P. O. Box 2112

Saint Johns, AZ 85936

Telephone: (928) 445-3532

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.,

EXPEDITE REQUEST TO VACATE

Petitioner,

and HEARING OF 03/09/09 BEFORE THE

Debbie C. Burien (Watton), HON. COMMISSIONER WESLEY PETERSON

Respondent. WITH CAUSE

(Assigned to Hon. David Gass)

Hon. Commissioner Wesley Peterson

State of Arizona ] ( IVD: 0001377819-01 )

] Subscribed, sworn and sealed

Apache County ]

Petitioner / Father, hereby submits the following; EXPEDITE REQUEST TO VACATE HEARING OF 03/09/09 before Hon. Commissioner Wesley Peterson with cause as follows;

1. The hearing set for April 9^th 2009, is exclusively relevant to child support and it is not the venue by itself that can review and act on the possible pervasive criminal circumstances that led to the standing custody of the children of which the standing child support order instituted itself.

Judge David Gass, the presiding Judge for this case can address and act on all issues of custody, visitation, and child support involved where Commissioner Peterson can not, and thus Petitioner moves the court to vacate the hearing of 04/09/09 for reset of hearing before Judge David Gass whereby all issues will be addressed at that time. Petitioner / Appellant has a motion pending as of 03/18/09 before the Court of Appeals �Nunc pro tunc� to vacate the relevant child support order signed by Commissioner David P. Arrow.

Relevant disclosures per issues with cause that exemplify why the hearing of 04/09/09 should be vacated and hearing held before the Hon. David Gass on all matters is as follows:

2. On November 23^rd 2005, custodial interference if not kidnapping of the child John Joseph Burien was maliciously orchestrated in the State of New Jersey at the direction of several parties in Arizona with these actions on their part being in direct violation and contempt of standing Maricopa Superior Court orders of custody granted to the father Walter J. Burien, Jr. at hearing held before the Hon. Judge Barbara Rodregus Mundell on February 28^th 2000. Custody granted the father after testimony from several parties established that the mother had recklessly endangered the infant child with numerous acts committed over an extensive period of time. Temporary custody of John assigned to the mother was scheduled to occur on December 22^nd 2005, and the father had plans to return to Arizona from NJ on December 15^th 2005.

3. The parties known to this father involved from Arizona orchestrating the custodial interference played out on 11/23/05 initiated with false claims of child abuse and false statements of character assassination directed at the father presented to the NJ State agency of DYFS and the school district of East Brunswick were: Darlene Fuller (grandmother of the Child), Troy Brown (Attorney for Respondent), Donna Goodman (CPS Caseworker from Prescott, AZ who had no contact with the father or the child for five years), I note from the DYFS caseworkers written records of 11/21/05 through 11/23/05 note that the parties in AZ and specifically Donna Goodman told her that �the father was not an adequate caregiver�, �Dangerous�, �Was known to the FBI for hate mail�. Donna Goodman of CPS Prescott went as far as telling the DYFS caseworker �The judge did not know what they were doing�, �Mrs. Goodman reported that she has no idea how Mr. Burien received custody of his son�. These statements by Ms. Goodman would apply to Judges Mundell, Ishikawa, Roberts, Udall, Davis, and Anderson whom presided over this case since its inception in January of 2000 and her improper statements were the driving force to motivate the DYFS caseworker to �in secret� initiate the grab of John Joseph Burien on November 23^rd 2005 under false accusations and pretense contrary to the child�s interests, and to the significant and immediate damage inflicted on the father and long term damage to the child as it stands now..

4. This father, Walter Burien has worked since the year 2000 as a writer and website operator of the site http://CAFR1.com. Many of his published article, several radio shows, and videos produced can be viewed from the front page of that site. The video he produced in January of 2000 �The Biggest Game in Town� was uploaded to Google on December 25^th 2008 and has received over 2.7 million views internationally triggering in normal Google search results for the key words of �Government Wealth� having the video as #1. Under Google Video, a search for �Government� has the video as #4 for all time. This is this father�s work.

5. This Father�s income is derived from contributions granted from the national public in support of his work; much work for little pay but it seems well appreciated by the public. All, contributions are listed and can be viewed at http://CAFR1.com/DNT.html (case sensitive). The average income generated to cover all operating and living expenses has averaged $600 per month. As this father moved forward to �pick up the pieces� after the events of November 23^rd 2005, being on limited income qualified for food stamp assistance and submits to the AZ Department of economic security (DES) monthly income and expense statements, verified by DES for verification of eligibility. Here on one hand DES verifies this father�s income; DES Case # 01220061, and on the other hand DES Case #IVD: 0001377819-01 pushes forward a fiction derived child support order, which in any light the DES IVD: 0001377819-01 case can only be looked at as an intentional effort to cause harm and damage to the person of Walter J. Burien, Jr.

I, Walter J. Burien, Jr. would never under any circumstances participate with this application of coercive fraud knowingly, willingly, or intentionally, nor would I have the ability to comply with this felonious created out of fiction child support order and have not. This father�s meager checking account used to pay for survival expenses was seized by actions of DES twice now. The first occasion DES took $26 and caused a $75 fee to the checking account ($101 net), and on the second occasion $143 and a fee of $50 to the account ($193 net). These funds taken, and fees caused were stolen from this father by the improper actions of DES through a foundation inherent of felonious conduct and intentional fiction applied.

6. In the year 2000 Walter Burien�s mother died in NJ leaving Walter Bubien, Sr. by himself in NJ. In 2002, Walter Burien, Jr., gave notice to Respondent and the court of his intent to relocate back to NJ to be with his father and so that his son John could get to know his 80 year old grandfather while still alive and for John to have the advantage of a five star school district, one of the best on the East Coast, East Brunswick School District of which he was in strong need of specifically in need due to the physical nerve and brain damage he sustained at the age of five months old when taken by the mother. First hand testimony was given to these facts and damage done to John at hearing before Judge Mundell on 02/28/00. To view the statement dated 04/14/06 of Walter J. Burien, Jr. the gives a true accounting of what transpired upon his return to NJ in 2005, can be viewed here - http://cafr1.com/Court/MARCH2009/041406STATEMENT.html (case sensitive)

7. Come July of 2005, Walter Burien made numerous attempts since 2002 to get acknowledgment from the court per his intended move back to NJ. In April and June of 2005, Walter Burien gave written notice to Respondent and the court that he would be leaving for NJ with his son John in mid August of 2005 and be in NJ as of August 24^th 2005. After arriving in NJ, the court acknowledged the father�s notice given since 2002 of moving back to NJ with a denial after the fact of his arrival in NJ.

8. A telephonic hearing was held between the father in NJ and the court in AZ in October, and it was ordered that the father Walter Burien was to bring his son John Joseph Burien back to Arizona for temporary custody to be given to the mother, Debbie on December 22^nd 2005. This was never to occur due to the custodial interference played out November 23^rd of 2005, one month prior to when John was supposed to be returned to Arizona, and after his abduction a new judge assigned to the case, a Judge Lisa Daniels Flores, an ex AG for CPS.

Since John�s return to Arizona in December of 2005, the conduct of those in custody of the child John has been atrocious in every respect, and that conduct is too pervasive to list here. This father has not seen his son since 11/23/05, all requests to see his son under supervised conditions at the direction of the custodian, including a suggestion for a Sheriff civil standby were denied, and the child is being indoctrinated with horrendous fabrications about his father, including right down to the basics that he is not his father. Garbage is as garbage does�

This father in September of 2008, out of necessity and to limit costs temporarily relocated back to Saint Johns, AZ, a six-hour trip to Mesa. This father currently lives by himself fourteen miles outside of Saint Johns in his 30 foot 1978 Southwind Motor-home on trust property he established for his son John in 2002, takes care of his five pups¹ on location, and is limited on his ability to travel at this time. He has set aside travel money to make the trip to �a� hearing in Mesa, and wishes that all matters be acted on for resolution before the Hon. David Gass at hearing.

Petitioner THEREFORE, requests that the attached ORDER to VACATE be granted, and all matters be heard before the Honorable Judge David Gass.

Respectfully submitted,

Dated this 18th day of March 2009.

_____________________________________

Walter J. Burien, Jr.

VERIFICATION

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 VACATE 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 VACATE HEARING OF 04/09/09 mailed this 18^th 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 this 18^th day of March 2009 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 18^th of March 2009,

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

And on the 18^th of March 2009 to;

Kristin Wurr

Assistant Attorney General

P. O. Box 6123, Site Code 775C

Phoenix, Arizona 85005

USPS DELIVERY CONFIRMATION # 0307 1790 0004 3564 6845

Honorable Barbara Rodregus Mundell

Maricopa Superior Court � Old Court Building

125 W. Washington St. Suite 510

Phoenix, Arizona 85003

USPS DELIVERY CONFIRMATION # 0307 1790 0004 3564 6777

By WJB

[POST NOTE - ADDITIONAL RESOURCE - MOTION TO SET BEFORE JUDGE DAVID GASS dated 03/18/09]

[POST NOTE - ADDITIONAL RESOURCE - FATHER'S PARENTING DOCTRINE EXERTED dated 07/31/98]