Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-923
Administrative Notice, in the superior court, a legislative created tribunal
in Middlesex county, for the state of New Jersey Inc.
Walter J. Burien, Jr., ] DOCKET No. FN-12-153-06
] Notice of Silent Agreement and Default by
Plaintiff, ] Tacit Procuration of Administrative Demand
vs. ] by Affidavit of Walter J. Burien, Jr.
]
NJ Division of Youth and Family ] and ORDER
Services (DYFS) ]
Respondent. ] Honorable Judge Barbara C. Stolte
___________________________
New Jersey State ]
] ss.
Middlesex county ]
I, Private judicial Power Arizona and New Jersey Citizen Walter J. Burien, Jr., a natural born white adult male sui juris living in Middlesex county as an New Jersey Republic Citizen, and hereby special appearance in propria persona, proceeding at law in summo jure jus regium, and as such, without conferring nor consenting to any ministerial strict liability statutory jurisdiction being duly sworn upon oath, deposes and says as follows:
1. I am here the Plaintiff in the Administrative action FN-12-153-06 herein captioned above. I have personal knowledge of, or am otherwise competent to testify as to, each and every fact set forth in this Affidavit.
2. COMES NOW, Private judicial Power Arizona Citizen Walter J. Burien, Jr. a New Jersey natural born white adult man, living in Middlesex county, as one of the Citizens of the several states of the Union, hereby makes a special appearance, Sui Juris, proceeding in summo jure, jus regium, in law, neither conferring nor consenting to any foreign jurisdiction, except of the judicial Power of New Jersey and/or the united States of America, and as such willfully enforces all constitutional limitations and prohibitions respectively on all government agencies when confronted by them.
3. The Defendant and any co-parties and agencies please take NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND of Plaintiff's MOTION FOR REINSTATEMENT FN-12-153-06 WITH CAUSE, AND POST SUMMERY JUDGEMENT CORRECTION sent to you on the 23rd day of January, 2006, and received by you in your personal and official capacity as a UNITED STATES citizen and resident and/or public official, by service of process through Certified US Mail number: 7005 2570 0000 6978 6992 Delivered, January 25, 2006, 8:46 am, TRENTON, NJ 08625 and 7005 2570 0000 6978 7005 Delivered, January 24, 2006, 6:44 am, NEWARK, NJ 07101.
4. Respondent and public officials were given over (10) Ten days to answer and legally respond. No answer, response, reply, explanation, excuse, reason, proof, documentation, defense or rebuttal has been received to date, with it now being over thirty days from receipt by you; thereby waiving all rights of defense to all claims past, present and future. My good faith efforts have gone unanswered. Since you have not substantiated your presentments and actions, you have demonstrated the lack of ability to defend or challenge and have by your silence agreed and admitted to the law, facts and demands the Plaintiff has placed in and presented to the legislative created tribunal and the Respondent. The Respondent has invalidated any possible defense by their silence and no further action may be taken by the Respondent to contest the actions of the tribunal or the Plaintiff.
5. On or about January 23rd 2006 the Plaintiff respectfully requested the legislative created tribunal for specific discovery and Post Summery Judgment correction pursuant to applicable NJRS.
6. That Motion was urged for the reason that the Respondent made questionable comments, had contact with, and influence over the child John Joseph Burien DOB 07/08/99, and further;
7. The Respondent was the mitigating vehicle for certain events that took place between the dates of November 16th 2005 and December 15th 2005 relevant to the child John Joseph Burien, the child's father, and others.
8. The Plaintiff requested of the legislative created tribunal that the Respondent fulfill certain requests made upon them for discovery and also for correction to the court and official record. The Respondent never denied these facts presented.
9. The Respondent and public officials have Silently Agreed to all subject matter and conditions as presented and served upon them, and further;
10. The Respondent and public officials have been given ample opportunity to produce just cause why such discovery and Post Summery Judgment correction should not occur.
You are hereby SERVED AND NOTICED OF YOUR SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION concerning your failure to respond timely to the ADMINISTRATIVE DEMAND and I quote:
"Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading." U.S. vs Prudden, 424 F. 2d 1021, U.S. vs Tweel, 550 F. 2d 297, 299-300.
"Fraud may be committed by failure to speak, but a duty to speak must be imposed." Dunahay v. Struzik, 393 P.2d 930, 96 Ariz. 246 (1964).
"Fraud" may be committed by a failure to speak when the duty of speaking is imposed as much as by speaking falsely." Batty v. Arizona State Dental Board, 112 P.2d 870, 57 Ariz. 239. (1941).
"When one conveys a false impression by disclosure of some facts and the concealment of others, such concealment is in effect a false representation that what is disclosed is the whole truth." State v. Coddington, 662 P.2d 155, 135 Ariz. 480. (Ariz. App. 1983).
"Suppression of a material fact which a party is bound in good faith to disclose is equivalent to a false representation." Leigh v. Loyd, 244 P.2d 356, 74 Ariz. 84. (1952).
"Fraud and deceit may arise from silence where there is a duty to speak the truth, as well as from speaking an untruth." Morrison v. Acton, 198 P.2d 590, 68 Ariz. 27 (Ariz. 1948).
"Damages will lie in proper case of negligent misrepresentation of failure to disclose." Van Buren v. Pima Community College Dist. Bd., 546 P.2d 821, 113 Ariz. 85 (Ariz.1976).
"Where one under duty to disclose facts to another fails to do so, and other is injured thereby, an action in tort lies against party whose failure to perform his duty caused injury." Regan v. First Nat. Bank, 101 P.2d 214, 55 Ariz. 320 (Ariz. 1940).
"Where relation of trust or confidence exists between two parties so that one places peculiar reliance in trustworthiness of another, latter is under duty to make full and truthful disclosure of all material facts and is liable for misrepresentation or concealment." Stewart v. Phoenix Nat. Bank, 64 P.2d 101, 49 Ariz. 34. (Ariz. 1937).
"Concealing a material fact when there is duty to disclose may be actionable fraud." Universal Inv. Co. v. Sahara Motor Inn, Inc., 619 P.2d 485, 127 Ariz. 213. (Ariz. App. 1980).
Whereby this Petitioner requests the attached order be signed by the court upon presentment and a true copy of this ORDER then be sent to the Respondent that day by the Clerk of the Court.
Respectfully submitted this 1st day of March 2006.
AND FURTHER AFFIANT SAITH NOT.
__________________________________________
Walter J. Burien, Jr., sui juris, judicial Power Citizen by
special limited appearance, sui juris, proceeding in summo jure jus regium,
"without Prejudice" to any of my God given or secured rights.
Jurat\Acknowledgement
STATE OF NEW JERSEY }
} Subscribed, Sworn and Sealed
County of MIDDLESEX }
On this 1st day of March 2006, Private Judicial Power Citizen Walter J. Burien, Jr., being duly
Sworn, as such deposes, and did personally appear before me, and is known to be the Citizen described in, and who executed, the foregoing instrument\Affidavit of service of process, and acknowledged that he executed the same under oath as His free act and deed as a Citizen\Sovereign in the above said State and County.
Subscribed and sworn to before me the undersigned Notary Public in said above State and County.
___________________________________ ________________________________________
My commission Expires Notary Public
ORINAL of the foregoing HAND DELIVERED this 1st day of March, 2006, TO:
MIDDLESEX COUNTY Superior Court The Office of: JUDGE Barbara G. Stolte
CLERK OF THE COURT AND COPY TO: 120 New St.
120 New St. New Brunswick, NJ 08903
New Brunswick, NJ 08903
AND SENT US MAIL -ON 03/01/06 TO:
Michael Anthony Amatia
Deputy Attorney General
Division of Youth and Family Services
R. J. Hughes Justice Complex
25 Market Street, P. O. Box 112
Trenton, New Jersey 08625
AND SENT US MAIL-ON 03/01/06 TO:
James M. Davey C/O - Administrative Review Officer
DYFS Metropolitan Regional Office
153 Halsey Street, 2nd floor
Newark, New Jersey 07101
_____________________
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT
COUNTY OF MIDDLESEX, STATE OF NEW JERSEY
Walter J. Burien, Jr., ]
] FN-12-153-06
Plaintiff, ]
vs. ]
] ORDER
NJ Division of Youth and Family ]
Services (DYFS) ] Honorable Judge Barbara C. Stolte
Respondent. ]
___________________________
This matter having come before the Court through Plaintiff's MOTION FOR REINSTATEMENT FN-12-153-06 WITH CAUSE, AND POST SUMMERY JUDGEMENT CORRECTION
The Court having reviewed and considered the Affidavit in support thereof NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND and having heard the Respondent's reply of silence and being fully advised in the premises;
IT IS HEREBY ORDERED that the Plaintiff's MOTION FOR POST SUMMERY JUDGEMENT CORRECTION is granted.
1. The New Jersey Division of Youth and Family Services, hereinafter called DYFS, for the purpose of discovery and disclosure requested by Walter J. Burien, Jr. shall within ten (10) days of this ORDER send CERTIFIED copies of any and all; past or present; reports; notes; communications; pictures; recordings; that any party provided to DYFS or that was generated by DYFS relevant to FN-12-153-06 and the taking of John Joseph Burien DOB 07-08-99 by DYFS on 11/23/05 and subsequent return of the child to Arizona on 12/14/05; All copies sent Mr. Burien SHALL BE UNALTERED AND WITHOUT DELETIONS and sent US Certified mail to; Walter Burien, P. O. Box 42, E. Brunswick, NJ 08816;
2. With the absence of DYFS not providing credible validation of injury sustained on Nov 23rd 2005 to John Joseph Burien - DOB 07-08-99, correction of the Court record case FN-12-153-06 shall be made striking from within the ORDER TO SHOW CAUSE case dated Nov 29 2005 on page 2 under B:1 ; "and injuries child sustained" signed by Judge JOSEPH L. REA, and correction SHALL BE MADE to any other official findings or records of the court or any government agency where the same may have been reported to, and shall be corrected by DYFS and the Clerk of the Middlesex County Court within ten (10) days of this ORDER
3. The Clerk of the Court this day shall deliver a copy of this ORDER to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and the Petitioner Walter J. Burien, Jr. at their listed addresses on file with the court.
DONE IN OPEN COURT this ______day of March 2006.
NOT SIGNED
_______________________________
Honorable Judge - Barbara C. Stolte
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY
IN AND FOR THE COUNTY OF MIDDLESEX
WALTER J. BURIEN, JR., ] DOCKET No. FN-12-153-06
]
Plaintiff, ]
vs. ]
] MOTION TO EXPIDITE A SIGNED
NJ Division of Youth and Family ] ORDER OF THE COURT
Services (DYFS) ]
Respondent. ] HONORABLE JUDGE BARBARA C. STOLTE
___________________________
New Jersey State ]
] ss.
Middlesex county ]
Petitioner / Father, Sui-Juris hereby submits the following MOTION TO EXPIDITE A SIGNED ORDER of the court.
1. The here and now Plaintiff in the Administrative action FN-12-153-06 captioned above, Walter J. Burien, Jr., has personal knowledge of, and is competent to testify as to, each and every fact set forth.
2. NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND was filed with the court on March 1st 2006 and SERVED by US Mail on the New Jersey Division of Youth and Family Services (DYFS); and also through their council Deputy Attorney General Michael Anthony Amatia; and they were NOTICED of their SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION concerning their clear failure to respond timely to the ADMINISTRATIVE DEMAND FOR POST SUMMERY JUDGEMENT CORRECTION filed with the court on January 23rd 2006.
Whereby this Petitioner requests the attached order be EXPIDITED for signing this day by the court upon presentment and a true copy of this ORDER now signed by the court then be sent US Mail to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and this Petitioner by the Clerk of the Court.
Respectfully submitted this 7th day of March 2006.
FURTHER AFFIANT SAITH NOT.
_____________________________________ Walter J. Burien, Jr. - Sui Juris
ORINAL of the foregoing HAND DELIVERED this
7th day of March, 2006, TO:
MIDDLESEX COUNTY Superior Court and copy to the Office of: JUDGE Barbara C. Stolte
CLERK OF THE COURT 120 New St.
120 New St. New Brunswick, NJ 08903
New Brunswick, NJ 08903
AND COPY SENT US CERTIFIED MAIL NO. 7005 2570 0000 6978 7012 on 03/07/06 TO:
Michael Anthony Amatia
Deputy Attorney General
Division of Youth and Family Services
R. J. Hughes Justice Complex
25 Market Street, P. O. Box 112
Trenton, New Jersey 08625
AND COPY SENT US CERTIFIED MAIL NO. 7005 2570 0000 6978 4943 on 03/07/06 TO:
James M. Davey C/O - Administrative Review Officer
DYFS Metropolitan Regional Office
153 Halsey Street, 2nd floor
Newark, New Jersey 07101
_____________________
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT
COUNTY OF MIDDLESEX, STATE OF NEW JERSEY
Walter J. Burien, Jr., ]
] FN-12-153-06
Plaintiff, ]
vs. ]
] ORDER
NJ Division of Youth and Family ]
Services (DYFS) ] Honorable Judge Barbara C. Stolte
Respondent. ]
___________________________
This matter having come before the Court through Plaintiff's MOTION FOR REINSTATEMENT FN-12-153-06 WITH CAUSE, AND POST SUMMERY JUDGEMENT CORRECTION
The Court having reviewed and considered the Affidavit in support thereof NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND and having heard the Respondent's reply of silence and being fully advised in the premises;
IT IS HEREBY ORDERED that the Plaintiff's MOTION FOR POST SUMMERY JUDGEMENT CORRECTION is granted.
1. The New Jersey Division of Youth and Family Services, hereinafter called DYFS, for the purpose of discovery and disclosure requested by Walter J. Burien, Jr. shall within ten (10) days of this ORDER send CERTIFIED copies of any and all; past or present; reports; notes; communications; pictures; recordings; that any party provided to DYFS or that was generated by DYFS relevant to FN-12-153-06 and the taking of John Joseph Burien DOB 07-08-99 by DYFS on 11/23/05 and subsequent return of the child to Arizona on 12/14/05; All copies sent Mr. Burien SHALL BE UNALTERED AND WITHOUT DELETIONS and sent US Certified mail to; Walter Burien, P. O. Box 42, E. Brunswick, NJ 08816;
2. With the absence of DYFS not providing credible validation of injury sustained on Nov 23rd 2005 to John Joseph Burien - DOB 07-08-99, correction of the Court record case FN-12-153-06 shall be made striking from within the ORDER TO SHOW CAUSE case dated Nov 29 2005 on page 2 under B:1 ; "and injuries child sustained" signed by Judge JOSEPH L. REA, and correction SHALL BE MADE to any other official findings or records of the court or any government agency where the same may have been reported to, and shall be corrected by DYFS and the Clerk of the Middlesex County Court within ten (10) days of this ORDER
3. The Clerk of the Court this day shall deliver a copy of this ORDER to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and the Petitioner Walter J. Burien, Jr. at their listed addresses on file with the court.
DONE IN OPEN COURT this ______day of March 2006.
NOT SIGNED
_______________________________
Honorable Judge - Barbara C. Stolte
--------------------------------------------------------------------
FILED 3:30PM THE DAY OF HEARING - 04/07/06
--------------------------------------------------------------------
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY
IN AND FOR THE COUNTY OF MIDDLESEX
WALTER J. BURIEN, JR., ] DOCKET No. FN-12-153-06
]
Plaintiff, ] ORDER OF THE COURT
vs. ] TO BE SIGNED 04/07/06
] MOTION TO EXPIDITE
NJ Division of Youth and Family ]
Services (DYFS) ]
Respondent. ] HONORABLE JUDGE Joseph L. Rea
___________________________
Petitioner / Father, Sui-Juris hereby submits the following MOTION TO EXPIDITE A SIGNED ORDER of the court.
1. Walter J. Burien, Jr., Petitioner was present at 8:30 AM, Room 202, Middlesex County Court to proceed with hearing for his requested order to be signed by the court. As of the filing of this motion, Michael Anthony Amatia representing DYFS has not been present and again is in clear default. Even if Mr. Amatia did or does appear for this hearing from prior default to Petitioner, he and the agency he represents DYFS were given NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND filed with the court on March 1st 2006 and SERVED by US Mail on the New Jersey Division of Youth and Family Services (DYFS); and also through their council Deputy Attorney General Michael Anthony Amatia to the ADMINISTRATIVE DEMAND FOR POST SUMMERY JUDGEMENT CORRECTION filed with the court on January 23rd 2006.
Again, this 7th day of April 2006, my good faith efforts have gone unanswered. Since Respondent has not substantiated their presentments and actions, they have demonstrated the lack of ability to defend or challenge and have by their silence now for over three months; agreed and admitted to the law, facts and demands the Plaintiff has placed in and presented to the legislative created tribunal and the Respondent.
The Respondent has invalidated any possible defense by their silence and NO FURTHER ACTION may be taken by the Respondent to contest the actions of the tribunal or the Plaintiff.
Petitioner, Walter J. Burien, Jr. an Arizona resident who is waiting to return to Arizona upon resolution of this and other matters before the Middlesex County Court requires the discovery outlined in his prior motions as is restated in the attached order, requires this discovery and correction, now delayed for three months, and that is essential and critical to Petitioner as the defendant in a criminal matter that is pending before Judge Nieves FILE No. 05002797; Any further delay may cause irreparable harm to Petitioner's cause, livelihood, and his three children back in Arizona.
Whereby this Petitioner requests the attached order be EXPIDITED for signing this day 7th day of April 2006 by the court upon presentment and a true copy of this ORDER now signed by the court then be sent US Mail to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and this Petitioner by the Clerk of the Court.
Respectfully submitted this 7th day of April 2006.
.
FURTHER AFFIANT SAITH NOT.
_____________________________________
Walter J. Burien, Jr. - Sui Juris
.
.
.
ORINAL of the foregoing HAND DELIVERED this
7th day of April, 2006, TO:
MIDDLESEX COUNTY Superior Court
CLERK OF THE COURT
120 New St.
New Brunswick, NJ 08903
AND COPY HAND DELIVERED TO:
Michael Anthony Amatia
Deputy Attorney General
Division of Youth and Family Services
120 New St. Fourth Floor
New Brunswick, NJ 08903 RECEIVED FOR Michael Anthony Amatia 04/07/06
_____________________
Walter J. Burien, Jr.
P.O. Box 42
East Brunswick, NJ 08816
(732) 790-9233
IN THE SUPERIOR COURT
COUNTY OF MIDDLESEX, STATE OF NEW JERSEY
Walter J. Burien, Jr., ]
] FN-12-153-06
Plaintiff, ]
vs. ]
] ORDER
NJ Division of Youth and Family ]
Services (DYFS) ] Honorable Judge JOSEPH L. REA
Respondent. ]
___________________________
This matter having come before the Court through Plaintiff's MOTION FOR REINSTATEMENT FN-12-153-06 WITH CAUSE, AND POST SUMMERY JUDGEMENT CORRECTION
The Court having reviewed and considered the Affidavit in support thereof NOTICE OF SILENT AGREEMENT AND DEFAULT BY TACIT PROCURATION OF THE ADMINISTRATIVE DEMAND and having heard the Respondent's reply of silence and being fully advised in the premises;
IT IS HEREBY ORDERED that the Plaintiff's MOTION FOR POST SUMMERY JUDGEMENT CORRECTION is granted.
1. The New Jersey Division of Youth and Family Services, hereinafter called DYFS, for the purpose of discovery and disclosure requested by Walter J. Burien, Jr. shall within ten (10) days of this ORDER send CERTIFIED copies of any and all; past or present; reports; notes; communications; pictures; recordings; that any party provided to DYFS or that was generated by DYFS relevant to FN-12-153-06 and the taking of John Joseph Burien DOB 07-08-99 by DYFS on 11/23/05 and subsequent return of the child to Arizona on 12/14/05; All copies sent Mr. Burien SHALL BE UNALTERED AND WITHOUT DELETIONS and sent US Certified mail to; Walter Burien, P. O. Box 42, E. Brunswick, NJ 08816;
2. With the absence of DYFS not providing credible validation of injury sustained on Nov 23rd 2005 to John Joseph Burien - DOB 07-08-99, correction of the Court record case FN-12-153-06 shall be made striking from within the ORDER TO SHOW CAUSE case dated Nov 29 2005 on page 2 under B:1 ; "and injuries child sustained" signed by Judge JOSEPH L. REA, and correction SHALL BE MADE to any other official findings or records of the court or any government agency where the same may have been reported to, and shall be corrected by DYFS and the Clerk of the Middlesex County Court within ten (10) days of this ORDER
3. The Clerk of the Court this day shall deliver a copy of this ORDER to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; and the Petitioner Walter J. Burien, Jr. at their listed addresses on file with the court.
DONE IN OPEN COURT this 7th day of April 2006.
SIGNED "DENIED CHILD IN ARIZONA"
_______________________________
Honorable Judge - JOSEPH L. REA
.
.
.
.
.
WJB NOTE: No Arizona issues were involved in this requested / required by default ORDER.
ONLY NJ DISCOVERY / CORRECTION was requested from when NJ Claimed venue.
He said denied four times being that the "child"was in Arizona, and I objected
with cause four times.
.
.
.
.
JUDGE RAE participated as a conspirator with the kidnapping of John Joseph Burien through his clear actions to cover-up discovery and correction of the New Jersey court record that would establish conspiracy / crimes by others.