Walter J Burien Jr by decree

VIEWS: 51 PAGES: 8

									 1   Walter J. Burien, Jr.
 2   P. O. Box 2112
 3   Saint Johns, Arizona 85936
 4   Telephone (928) 337-9958
 5
 6

 7                                                IN SUPERIOR COURT
 8                            IN MARICOPA COUNTY, FOR THE STATE OF ARIZONA
 9

10   Walter J. Burien, Jr.,                        CASE NO. DR 2000-090543
11                            Petitioner,
12     and                                         AFFIDAVIT OF: Walter J. Burien, Jr.
13                                                 IN SUPPORT OF MOTION FOR INTERIM RULING AND
14   Debbie C. Burien (Watton),                    FURTHER EVIDENTURY HEARING DATED 06/10/05
15                           Respondent.
16                                                 WITH ATTACHED PETITIONER’S EXHIBIT (04/27/04)
17   Arizona State                   ]
18                                   ] ss.                 Honorable JUDGE Arthur Anderson
19   Maricopa County                 ]
20

21           I, Walter J. Burien, Jr., hereby make a special appearance by affidavit, being duly sworn
22   upon oath, deposes and says in support of the requested motion filed with the court by DeeAn
23   Gillespie FOR INTERIM RULING AND FURTHER EVIDENTURY HEARING DATED 06/10/05 as
24   follows:
25

26           1. I am the Petitioner in civil action Case No. DR 2000-090543 herein captioned above. I have
27   personal knowledge of, or am otherwise competent to testify as to, each and every fact set forth in this
28   Affidavit.
29           2. I received DeeAn Gillespie‟s motion filed for this Petitioner dated 06/10/05 via US Postal
30   service mail on 06/17/04. I have read through that document dated 06/10/05 filed with the court
31   and I hereby submit this affidavit incorporated into said document to; clarify and bring forward
32   specifics of facts for the purpose of expediting orders of the court as requested and as follows:
33




     Affidavit of Walter Burien – Dated 06/20/05 – Page 1 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1          A. In 2001, Petitioner bought 2 acres of land several miles outside of Saint Johns, Arizona
 2   and moved a Mobil home he had sitting in Prescott, Arizona to the Saint Johns property and
 3   installed a 1500 gallon water tank, 100 gallon propane tank, several sheds, put up 400 feet of
 4   fence with an RV gate, cut about a quarter mile of roads, and called the street made at the
 5   property, by posted street signs, John‟s Place. This property was being developed by Walter J.
 6   Burien, Jr. for his son John Joseph Burien and as such was titled in Apache County to and for
 7   John Joseph Burien for his inheritance. Upon development completion of the Saint Johns property
 8   at the beginning of 2002
 9          B. Petitioner, Walter J. Burien, Jr., DBA: Collectors Edition Vendors Ltd., Inc., a New Jersey
10   Corporation who was conducting business in Arizona from 1991 until 2002 as a NEW JERSEY
11   FORIEGN CORPORATION, Arizona State tax ID Number 13-029012V, closed his business in
12   Arizona and closed his tax ID account Number with the Arizona Department of Revenue on
13   12/31/01 in anticipation of his returning to New Jersey in 2002 for business and personal reasons.
14   Walter Burien in 2002 petitioned the court, Hon. Judge Udahl requesting to take an extended
15   leave with his daughter Gloria Louis Watton (Burien) to spend several months, four months
16   requested, with her father and her brother John Joseph Burien and she could meet for the first
17   time and benefit from her extended family back in NJ and be removed from continued negative
18   influences as is exemplified just merely on the surface in Ms. Gillespie‟s motion dated 06/10/05.
19          C. As of mid 2002 I was ready to depart for NJ and had no reason to stay in Saint Johns.
20   My request for extended leave with Gloria, of which was filed if I recall correctly, as an Emergency
21   Expedite request, I thought would be answered within two weeks. Two weeks turned into two
22   months, then six months, then one year, and then two as I patently waited.
23          D. At the first hearing last year on 11/18/04 held before Hon. Judge Anderson, my testimony
24   emphasized and was repeated three times by myself that “I was left on hold for over two years
25   hovering in survival mode” without my request being answered to bring Gloria back to New Jersey
26   with JJ and myself for an extended visit and of which said trip was to also re-establish my business
27   back in NJ for income purposes and then upon re-solidification of my business in New Jersey I
28   had plans of returning to Mesa, Arizona to buy a home.
29           E. The extended wait of now three years I have encounter in my efforts to bring Gloria with
30   myself and JJ to New Jersey has reached beyond my worst expectations and stretched the
31   limitations of my resources, having no direct income from my business in almost three years as I
32   wait. This extended wait has severely depleted any cash or resources that were at my disposal. I


     Affidavit of Walter Burien – Dated 06/20/05 – Page 2 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1   at this time require of myself and in the interests of my son John Joseph, to return to New Jersey
 2   without further delay or face probable financial ruin. Two months ago, I shut down the property
 3   outside of Saint Johns and now that John Joseph is out of school, I have been waiting in my 30 ft
 4   Southwind motor home in a small motor home park in the center of Saint Johns to depart for New
 5   Jersey.
 6           E. John Joseph and myself will benefit greatly upon return to our family in New Jersey and
 7   wish that Gloria accompanied us so that she may benefit also. The delay on this matter I have
 8   faced so far has caused serious damage to myself and financial losses in excess of $40,000
 9   borrowed from friends, family, business associates, and has dramatically limited the benefits to
10   both children they would have attained if my extended trip back to NJ had facilitated itself when
11   requested in 2002.
12           F. I bring forward that in Dr. Shane Hunt‟s evaluation of Gloria that when he references that
13   the extended visit to NJ would benefit Gloria, the time frame Dr. Hunt notes and that I was looking
14   to have Gloria join John Joseph and myself for was and is four (4) months.
15           G. John Joseph starts 1st grade next year and I have taken the steps to enroll him in the
16   East Brunswick, NJ school district to attend the same school his father went to. One of the best
17   school districts in the country.
18           H. On September 24th 2004, I filed with the Yavapai Superior court an Affidavit Case No. DO
19   950538. This said affidavit dated 09/24/04, was file stamped by the Clerk of the Yavapai Court, but then
20   removed from the file and returned to me by the court. For whatever reasons the Yavapai Court did not
21   want this Affidavit I completed and submitted to the Yavapai Court dated 09/24/04, in the court file of YAV
22   Case No. DO 950538.
23           I. On 11/18/04 at hearing held before Hon. Judge Anderson, when the issue of Robin
24   Arrowwood being called as a witness came up while I was testifying, I presented multiple copies of
25   my Affidavit dated 09/24/04 and said for the record: “In the interests of saving the court time, I
26   hereby submit this, my affidavit dated 09/24/04 as my testimony per Robin Arrowwood and submit
27   it as if read into the court record here in its entirety as my testimony.” I then gave a copy to the
28   Court, opposing council, and DeeAn Gillespie. For whatever reasons the Maricopa Court did not want
29   this Affidavit I completed and submitted to the Maricopa Court at hearing on 11/18/04 “as my testimony
30   for the record” dated 09/24/04, in the court file of Maricopa CASE NO. DR 2000-090543 and it was
31   removed from the case file. The original of this affidavit dated 09/24/04 as of the hearing of
32   11/18/04 was in the possession of DeeAn Gillespie. I have requested several times of Ms.


     Affidavit of Walter Burien – Dated 06/20/05 – Page 3 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1   Gillespie that she file with the Maricopa Court this affidavit as an exhibit or return my original of the
 2   affidavit dated 09/24/04 bearing the original Yavapai Superior Court file Stamp or to send me a
 3   copy, and to date she has for whatever reason not provided the original or a copy thereof to me as
 4   I have requested of her.
 5           J. A notorized EXACT TEXT DUPLICATE of my affidavit dated 09/247/04, missing the
 6   original Yavapai County Court Dated Filed Stamp as was originally on the copy submitted to the
 7   Maricopa court on 11/18/04 is hereby submitted and marked PETITIONER’S EXHIBIT (04/27/04)
 8   and is incorporated into this current Affidavit dated 06/20/05 as if state here in its entirety.
 9   On page 6, lines 20 to 31 and page 7, lines 1 to 8 of Petitioner‟s Exhibit (04/27/04) it clearly
10   outlines and notes my wishes for both of my children to attend the East Brunswick School District
11   and the benefits the children will attain by doing so. It notes that I will, and in fact subsequently did
12   ask Ms. Gillespie to file a custody motion for Allyson to go to New Jersey. Ms. Gillespie did not,
13   and the continued effects of Robin Arrowwood‟s deprived and hostile conditioning of Allyson has
14   had its toll where by in the best interests of Allyson, I not wishing to perpetuate Robin Arrowwood‟s
15   consistent intent of breeding very destructive hostility and the inherent danger that it presents have
16   not seen Allyson since December or 2004 and will probably not see her again for several years
17   due to the hostility that was allowed to be nurtured by the mother in Allyson over a period of years,
18   and that was enforced for effect by certain individuals from within Yavapai government also
19   manipulating events to the same end over the course of several years.
20           K. Darlene Fuller seems to have bonded very well with Robin Arrowwood, and as the court
21   is very well aware of the fact; Ms. Arrowwood was Ms. Watton and Darlene Fuller‟s choice of
22   witness to bring to court.          Additionally, Ms. Watton and Darlene Fuller introduced a CPS
23   caseworker from Prescott who gave testimony to the court that as a result of a CPS concern
24   complaint that I filed per an individual having the name of Giles grabbing my daughter‟s butt as
25   reported to me from my daughter, where I gave CPS Giles‟s address and telephone number, the
26   CPS caseworker from Prescott testified that she did not even contact or interview Giles but in turn
27   took the opportunity to interview my daughter in an attempt to get negative comments towards
28   myself. This testimony in itself by a CPS casework out of Prescott exemplifies the bias, prejudice,
29   and outright manipulated danger that Gloria is subject to within Yavapai county if under real
30   danger in Prescott that may require CPS investigation or intervention that will never come due to
31   whatever reasons contrary to the interests of the child . By CPS‟s own guidelines, this CPS
32   caseworker‟s own testimony would be grounds for her dismissal if she were found responsible


     Affidavit of Walter Burien – Dated 06/20/05 – Page 4 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1   for intentionally not contacting of interviewing Giles, the one and only object and concern of my
 2   complaint filed.
 3           L.   I have seen over the last three years very similar techniques used on Gloria, primarily
 4   by Darlene Fuller and also Ms. Watton, as was used by Robin Arrowwood on Allyson. These
 5   techniques being outright and blatant negative spite conditioning and enforcement of the same to
 6   the clear detriment of the child‟s development, interaction with her sibling, and the father‟s diligent
 7   efforts to maintain effective positive bonding with his daughter. I have tried diligently to stop this
 8   negativity being inflicted on Gloria to a limited avail, exclusively done when she is in my custody. I
 9   was unable to stop the same being inflicted on Allyson by parties having the intent of causing
10   definitive damage, and now after a few extra years over what has now been knowingly, willingly,
11   and intentionally exerted on Gloria as noted herein and as note by Ms. Gillespie, the relationship
12   between Allyson and her Father in most probability has been irreparably damaged. This can be
13   obverted with Gloria if the Father‟s wishes, to have Gloria accompany him and her brother JJ
14   back to NJ pending evaluations of Darlene Fuller, Pete Fuller, Debbie Watton, and Hank
15   Agulara are accomplished for determinations to be made by the court per final custody matters.
16   Evaluations of these individuals are noted by Dr. Hunt as being essential in the best interests of
17   Gloria and John Joseph in light of the Father, Walter J. Burien, Jr. having participated openly in
18   consideration of his children and findings for the court in not just one (1) but five (5) complete
19   evaluations between 2001 to 2004. In all five evaluations the father was confirmed as being a
20   good parent in the best interests of his children. Such professional findings are totally absent
21   contrary to the prevalent need for these evaluations to be conducted and findings brought to light
22   in relation to the mother Debbie Watton, Darlene Fuller, Pete Fuller, or Hank Agulara, (sic) all of
23   which cohabitate together in a remote location a half hour from Prescott in Yavapai County known
24   as Hootenanny Holler.
25           M. I have requested since 2001 of Ms. Gillespie to facilitate specific orders of the court. My
26   specific primary requests of her, when asked, and foundation for these request were and are as
27   follows:
28

29           1. To submit to the court for a signed order of the court for annulment of the „implied‟
30   marriage that took place between; Walter J. Burien, Jr. and Debbie C. Watton on December 5,
31   1998 in Tempe, Arizona. As ruled on by the Honorable Judge Roberts of 08/29/01; The state did
32   not recognize the well entrenched marriage without a marriage license issued by the state. It does


     Affidavit of Walter Burien – Dated 06/20/05 – Page 5 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1   not change the fact that “a” marriage took place on 12/06/98 and both lived as a married couple
 2   until December of 1999. Judge Roberts suggested an annulment in the minute entry of 08/29/01. I
 3   concurred and requested of Ms. Gillespie in 2001, 2002, 2003, 2004, and 2005 to facilitate a
 4   signed order of the court granting an annulment. Additionally, The Court‟s decision regarding
 5   Annulment turns for granting of Petitioner‟s request on the factors set forth in A.R.S. § 12-2265,
 6   CHAPTER 13 Article (6) “When the marriage is to be proved, evidence of the admission of such
 7   fact by the adverse party, or evidence of general repute, or evidence of cohabitation as married
 8   persons, or other evidence from which the fact may be inferred, is competent.”
 9           2. To notify the court that I was waiting to return to NJ and request from the court for
10   custody of Gloria so that she could have an extended visit with her father and brother in NJ. This
11   father asked Ms. Gillespie to facilitate notice and request an order relevant to Gloria‟s extended
12   leave in 2002, 2003, 2004, 2005. Currently for the first time in this father‟s life, due to the delays
13   now exceeding three years in his return to NJ, he has been forced to hover in standby mode as his
14   resources are depleted awaiting, he and his children are being damaged severely in all respects
15   from this perpetual delay.
16           3. Facilitate a court order for the psychological / competency testing of: Debbie Watton,
17   Darlene Fuller, Pete Fuller, Hank Agulara, to be ordered by the court in the best interests and
18   safety interests of the children. This father continuously ask Ms. Gillespie to facilitate this in 2001,
19   2002, 2003, 2004, and 2005
20           4. A ruling for Judgment was granted petitioner from both the Yavapai and Maricopa Courts
21   against Debbie Watton for venue shopping. Petitioner asked Ms. Gillespie to facilitate a monetary
22   award against these judgments. In 2002, 2003, 2004, 2005. Additionally in 2005, when the court
23   expressed a desire for me to pay ½ the bill of a Mary Ann Lanzilotta, Ph.D., an individual who
24   when I contacted to facilitate viewing by her of this father when he was with his daughter in Mesa
25   or to discuss his daughter‟s pending evaluation, refused to take his calls, or return his calls; and
26   when father at his own expense ($325) paid Dr. Shane Hunt for an evaluation of Gloria; and being
27   that the father has now depleted his cash and savings virtually to nothing as he has waited to
28   return to NJ now for almost three years; it was asked of Ms. Gillespie to facilitate payment for this
29   Mary Ann Lanzilotta, Ph.D., of which this father has never talked to, seen, nor ever wished to
30   utilize, against the judgment already ruled on by both the Yavapai and Maricopa courts against
31   Debbie Watton.




     Affidavit of Walter Burien – Dated 06/20/05 – Page 6 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1           Ms. Gillespie was paid over $10,000 in 2000-1 from myself and as of this month has
 2   delivered a bill to me of over $127,000.00 or a total claimed of over $137,000.00.
 3           PETITIONER‟S EXHIBIT (04/27/04) is relevant as written for Yavapai County Politics. My
 4   concern here at this time in all respects is to protect my children, business, and income from
 5   further deterioration through expedient orders granted and as requested from the Maricopa
 6   Superior Court starting with a 2 month extended visit for Gloria back to NJ granted and stipulated
 7   for extension to 4 months if the live-in parties involved with Gloria from Prescott do not comply with
 8   fulfilling psychological evaluations within the first two months of Gloria‟s extended visit to NJ.
 9

10       AND FURTHER AFFIANT SAITH NOT.
                                               st
11   RESPECTFULLY SUBMITTED this 21 day of June, 2005.
12
13   .
14   Walter J. Burien, Jr
15

16   .Jurat \ Acknowledgement
17
18   STATE OF ARIZONA                 }
19                                    }      Subscribed, Sworn and Sealed
20   County of Apache                 }
21
               st
22   On this 21 day of June 2005, Private Citizen Walter J. Burien, Jr., being duly sworn, as such deposes, and did
23   personally appear before me, and is known to be the Person described in, and who executed, the foregoing instrument
24   \ Affidavit of service of process, and acknowledged that he executed the same under oath as His free act and deed as
25   a Person\Sovereign in the above said State and County.
26
27   Subscribed and sworn to before me the undersigned Notary Public in said above State and County
28
29
30
31         My commission Expires                                               Notary Public
32
33   ORIGINAL of the following mailed USPS this 21st day of
34   June 2005 to:
35
36   The Clerk of the Court
37   Superior Court of Arizona, Maricopa County


     Affidavit of Walter Burien – Dated 06/20/05 – Page 7 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages
 1   222 E Javelina Ave.
 2   Mesa, Arizona 85210
 3
 4   COPY of the foregoing mailed USPS this 21st day of
 5   June 2005 to:
 6
 7   DeeAn Gillespie
 8   Gillespie & Associates, P. C.
 9   7319 North 16th Street, Suite 100
10   Phoenix, AZ 85020
11   Attorney for Petitioner
12
                                                     st
13   COPY of the foregoing mailed USPS this 21 day of
14   June 2005 to:
15
16   Troy L. Brown
17   1757 E. Baseline Road, Suite 130
18   Gilbert, AZ 85233
19   Attorney for Respondent
20
21   COPY of the foregoing mailed USPS this 21st day of
22   June 2005 to:
23
24   Honorable Arthur Anderson
25   Superior Court of Arizona, Maricopa County
26   222 E Javelina Ave., Suite 2E
27   Mesa, Arizona 85210-6234
28




     Affidavit of Walter Burien – Dated 06/20/05 – Page 1 of 8 – With attached PETITIONER’S EXHIBIT (04/27/04) 7 pages

								
To top