Walter J. Burien, Jr.
Petitioner - Sui Juris
THE SUPERIOR COURT OF THE STATE OF
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
) 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:
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
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.
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
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.
JJ was thriving in his 1st grade class. It was
obvious upon his evaluation by the
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 I would walk to the bus stop
to meet JJ when he returned from school. He was so happy, loved his new school;
his new-found relationship with Grand Pa (or Pop Pops as he called him), and
the extra activities we were able to participate with. Please see PETITIONER’S
EXHIBIT (A) 1 Page; the grouping of pictures under #4 is of a trip JJ and
myself took on November 13th & 14th 2005, where I
took care of my patent activities at the PTO, and then I had the opportunity to
bring JJ to the House of Representatives for the tour; and he also had the
opportunity to get a tour of a DC news paper and meet the staff of the American
Free Press, where I was interviewed per an editorial article that appeared in
that weeks edition. The grouping of pictures next to #5 are from a trip we took
the week before on
THAT LED TO THE EVENT THAT UNFOLDED ON:
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.
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.
I called several attorneys I knew from
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
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.
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
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
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
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
On the morning of
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;
Page 17, of the DYFS EHIBIT B, page 1, dated
The report is then taken over with the reporter then to be
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.
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.
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
Petitioner is diligently working to correct the
circumstances he now faces in NJ due to the event of
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
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
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.
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
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
Honorable Arthur Anderson
Superior Court of Arizona,
AND USPS CERTIFIED MAIL TO:
Attorney for Respondent
JOHN L. POPILEK, P.C.
GILLESPIE AND ASSOCIATES
Attorney previously retained by Petitioner
Removed with cause by Petitioner as of: November 23rd 2005
AND COPY SENT USPS CERTIFIED MAILTO:
Attorney - Chris Christy –
Attorney - H. Marshall Jarrett –
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Ave., NW
Criminal Section, PHB
Washington, DC 20530