Walter Burien, Jr. - CAFR1



Private Citizen Walter J. Burien, Jr.

C/O: P.O. Box 42

East Brunswick, New Jersey [PZ-08816]

Phone (732) 790-9233

Court of Appeals

In And For State of Arizona

Division One

Private Citizen Walter J. Burien, Jr. Case No. 1 – CA-CV 06-0316

Petitioner / Appellant

OBJECTION TO RESPONDENT

v. CSSA / DES CHANGE OF COUNCIL

STATE OF ARIZONA ex rel. ARIZONA and

DEPARTMENT OF ECONOMIC SECURITY REQUEST FOR INTERLOCKTORY

DEBBIE C. BURIEN aka: (WATTON) ORDER

Respondent / Appellee

NOW COMES this Petitioner, Private Citizen, Walter J. Burien, Jr., who does execute this OBJECTION to the Arizona Court of Appeals and does affirm that the statements made herein are true, in substance and in fact, and does give to this Court and all parties to this action his OBJECTION TO RESPONDENT CSSA / DES CHANGE OF COUNCIL and REQUEST FOR INTERLOCKETORY ORDER

PRESENTMENTS

1. Petitioner, Walter J. Burien, Jr., for an extensive period of time has been confronted with the actions of representatives from DES / CSSA that can be construed when examined under clear light as being in clear contempt of 18 USC § 3231, 28 USC § 1340, 28 USC §, 42 USC § 666, and 28 USC § 1443 whereby multiple and severe improprieties; erroneous judgments; statutory fraud on the part of DES / CSSA were committed relevant to the DES / CSSA current ATLAS Cases relevant to this Petitioner and DES / CSSA, case: No. 000137781901 and 000052775001, and;

2. Petitioner, Walter J. Burien, Jr., has a significantly reduced cash flow available to him, of which a significaint amount of that revenue is designated to facilitate prosecution by him of this current court of Appeals action. As of today, August 3, 2006, Petitioner’s Wells Fargo checking account ending in 7652 was seized by DES / CSSA to take any standing balance. The balance of my Wells Fargo account the morning of August 2, 2006 was $32. The action of DES / CSSA seizing my account generated a Wells Fargo $75 Legal Fee and a $35 overdraft Fee, and thus my Wells Fargo Checking account balance as of August 3, 2006 due to the seizure attempt by DES / CSSA is now (-$78). If DES / CSSA or the Maricopa Court wishes to seize whatever limited cash is available to me, it could prevent my ability to prosecute this action with the court of Appeals, and said actions on their part could be used as an unfair assault against this Petitioner, and in fact could decimate what little survival or sustaining revenue is available to me. Therefore petitioner requires an INTERLOCTORY ORDER of the Arizona Court of Appeals to Prevent / stay DES / CSSA ATLAS case: No. 000137781901 and 000052775001 and the Maricopa Superior Court case DR 2000-090543 from levy; lien; attachment; or confiscation from this Petitioner, Walter J. Burien, Jr. pending resolution of this matter pending before the Arizona Court of Appeals.

3. A Respondent to this action, Paula Cotitta representing DES / CSSA from the Mesa, Arizona office of Arizona Department of Economic Security have given NOTICE OF CHANGE OF COUNCIL from Paula Cotitta to a Kristin Wurr, and;

4. Paula Cotitta from the DES / CSSA Mesa, Arizona office is a Responsible party in this cause due to the fact that her actions and representation of DES / CSSA is a significant factor that led to this Court of Appeals action. Ms. Cotitta, as exemplified in this Petitioner’s prior pleadings, of knowingly, willingly, and intentionally, and clearly contrary to standing Federal and State Child Support guidelines, participated in an intentional tort against this Petitioner, Walter J. Burien, Jr. through the excessive and fraudulent standing child support order she pushed through the Maricopa Superior court from the hearing held 04/20/06. Additionally, Ms. Cotitta as is shown in the audio record of that hearing and as in the transcript of said hearing at the beginning, participated with attorney Troy Brown and Commissioner Arrow at hearing on 04/20/06 in an ex-parte, slanderous, fabricated, derogatory conversation against this Petitioner as Petitioner was on telephone hold and at that time excluded from what was taking place at the hearing as will be evidenced further in Petitioner’s opening brief with exhibits that is in preparation for submittal, and;

5. Ms. Cotitta’s actions at the hearing of 04/20/06, her response to her actions, testimony of the influences on her to perpetrate said actions; assurances made to her by any parties that she could violate standing law and statute without repercussion is an iatrical part of this case. DES / CSSA is but a hollow corporate shell. The substance and responsibility of that shell is derived from the actions of the “individuals” contained therein. Ms. Cotitta’s actions and evidenced violations of standing law and statute as well as intentional tort(s) committed against this Petitioner are Ms. Cotitta’s alone representing DES /CSSA; and in point, Governments, and the government officials, persons, or entities that represent them, do and will automatically lose any qualified immunity they may have previously enjoyed, upon the commission of any act necessarily done outside the lawful scope of the matter in question. See, e.g., Burns v. Reed, 111 S.Ct. 1934; Monell v. Dept. Of Social Services, 98 S.Ct. 2018; U.S. v. Lanier, 117 S.Ct. 1219; Koon v. U.S., 116 S.Ct. 2035, Dennis v. Sparks, 101 S.Ct. 183; and, etc. and;

6. Petitioner, as he will further outlined in his opening brief will be seeking a minimum compensation of $25,000 in damages / sanctions from Ms. Paula Cotitta and or DES /CSSA as well as $50,000 in damages / sanctions awarded against attorney Troy L. Brown for what can be clearly shown as his slanderous, fabricated, and derogatory conduct he has perpetrated very consistently since his involvement with case DR 2000-090543.

7. Ms. Kristin Wurr is truly not a Responsible party to the current cause of action and in fact the attempted removal of Ms. Cotitta by DES / CSSA constitutes avoidance of discovery and / or testimony required from Ms. Cotitta by this Petitioner. Appointment of co-council in Ms. Cotitta’s behalf would in most probability be in the interests of DES / CSSA, but in any event, Petitioner wishes that Ms. Paula Cotitta remain as the only Respondent for DES / CSSA and if DES / CSSA wishes to offer Ms. Cottita co-council benefits, they do so internally within DES / CSSA and not within this cause of action standing before the Arizona Court of Appeals.

CONCLUSSION

Petitioner prays for the relief requested to be granted, and he will then finalize his opening brief with exhibits for review, consideration, and rulings from the Court of Appeals – Div. 1.

Jurisdiction and Venue

1. For the various forms of relief that the Petitioner seeks, and given full consideration that this case entails multiple sets of fairly complex circumstances, with various and numerous causes of action contained there under including but not limited to; custody; visitation; custodial residence; child support; and potential monetary judgments(s) granted Petitioner or Respondent, jurisdiction and venue over all subject matters herein are properly had and held within this Honorable Court, and guidance must be taken from the same matters arising, under any or all of the provisions as stated here or previously stated to the court.

2. This Court also has supplemental jurisdiction over all other claims by the Petitioner that are so related to the claims herein that they form part of the same case or controversy under Article III of the United States Constitution.

Respectfully submitted this 3rd day of August 2006.

___________________________________________________

Walter J. Burien, Jr., Pro Se

P.O. Box 42 – East Brunswick, New Jersey 08816

Tel: (732) 790-9233

Four copies of the foregoing OBJECTION TO RESPONDENT CSSA / DES CHANGE OF COUNCIL and REQUEST FOR INTERLOCKETORY ORDER mailed this 3rd day of August 2006, US NEXT DAY MAIL , TO:

Court of Appeals

In And For State of Arizona

Clerk of the Court

1501 W. Washington St.

Phoenix, Arizona 85007

AND this 3rd day of August 2006;

USPS PRIORITY MAIL - Delivery Confirmation # 03031910000089178002, TO:

Troy Brown

1757 E. Baseline Road, Suite 130

Gilbert, AZ 85233

Attorney for Respondent: Debbie Burien (Watton)

AND this 3rd day of August 2006;

USPS PRIORITY MAIL - Signature Confirmation #03031910000089178019, TO:

Paula Cotitta

AZ Attorney - CSSA

1255 W. Baseline Suite 200

Mesa, Arizona 85202

Attorney for Respondent: Arizona Department of Economic Security (DES)

AND this 3rd day of August 2006 Courtesy US MAIL TO:

Kristin Wurr

Assistant Attorney General

P. O. Box 6123, Site Code 775C

Phoenix, Arizona 85005

_____________________

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