Walter J. Burien, Jr.
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
Respondent. ] Honorable Judge Barbara C. Stolte
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,
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.
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
The Respondent was the mitigating vehicle
for certain events that took place between the dates of
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.
The Respondent and public officials have Silently Agreed to all subject matter and conditions as presented and served upon them, and further;
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,
"Fraud may be
committed by failure to speak, but a duty to speak must be imposed." Dunahay
v. Struzik, 393 P.2d 930, 96
be committed by a failure to speak when the duty of speaking is imposed as much
as by speaking falsely." Batty v.
"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
"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
"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.
"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
"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
"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,
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
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.
} Subscribed, Sworn and Sealed
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:
CLERK OF THE COURT AND COPY TO: 120 New St.
Deputy Attorney General
Division of Youth and Family Services
R. J. Hughes Justice Complex
DYFS Metropolitan Regional Office
Walter J. Burien, Jr.
IN THE SUPERIOR COURT
NJ Division of Youth and Family ]
Services (DYFS) ] Honorable Judge Barbara C. Stolte
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 Discovery and POST SUMMERY JUDGEMENT CORRECTION are granted.
1. The New Jersey Division of Youth and Family Services, hereinafter called DYFS, for the purpose of discovery and disclosure provided to 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.
Honorable Judge - Barbara C. Stolte