MOTION REQUESTING COURT ORDER and ORDER

1EMERGENCY EXPEDITE REQUESTED

§ YAVAPAI COUNTY COURT DEBRA C. BURIEN § CASE NO. 991131 PLAINTIFF § § WALTER J. BURIEN, JR. § YAVAPAI COUNTY, ARIZONA DEFENDANT 2 3TO THE HONORABLE JUDGE: HOWARD HINSON, JR. 4 5 MOTION REQUESTING COURT ORDER and ORDER 6 7 WALTER J. BURIEN, JR., hereafter Relator, father of the infant John Joseph Burien, 8moves this court to grant an order of the Court, or in the alternative a default hearing for 9quashing of the Order of Protection RE: Order of Protection case No. Do. 991131. 10 11 Relator request the consideration of this Court as to Relator’s proceeding within his own proper 12person without aid of counsel pursuant to the rule of law ratified in Hughes v Rowe, (1980) 449 US 5, 139; 101 S.Ct. 173, 176. 14 15In Support of Relator’s request, Relator brings forth the following: 16 171.] The Plaintiff Debbie C. Burien is in contempt of this court for failure to appear as ordered at 18the hearing held, December 15th 1999, Div PT invalidating the premise for any authority or 19claimed authority for the Order of Protection to remain in force without the hearing requested by 20Defendant being granted by the court. Without due process and compliance with statutory law as 21now stands, the order of protection is required to be quashed immediately in it’s entirety by the 22court’s own motion or quashed at the request of the Defendant which request is hereby given. 23 242.] Merle Clark of CPS after many inquiries has been unable to contact Plaintiff or verify the 25welfare of the infant child John Joseph Burien. The Plaintiff is avoiding CPS per the Orders of 26December 15, 1999 as well as being in contempt of the Orders of Div 5 as served upon her at 272967-B Chemehuevu Blvd, Lake Havasu City, AZ 86406 on January 6th 2000, to immediately 28contact CPS and appear before the court. Said Order and service attached hereto and marked 29“Exhibit A”. The endangerment of endearment of the child is at stake.

1 Page 1 of 2 1 WHEREFORE PREMISES CONSIDERED, Walter J. Burien, Jr., Relator, respectfully 2request that this court grant the following relief: 3 . 4 1. That the order of protection Do. 991131 be quashed in its entirety by order of the court or in the 5 alternative a hearing scheduled within 15 days of today’s date. 6 2. That the Debbie C. Burien be ordered by the court to appear at hearing before the court with the 7 infant child John Joseph Burien, with notice to Plaintiff expedited by and through the full powers 8 and means available to the court. 9 3. That Plaintiff is Ordered to make phone and or personal contact with Merle Carver of CPS and due 10 so daily until her appearance before this court. 11 4. Further Relator, on behalf of your Applicant, request any and all other and added relief to which he 12 may show himself or otherwise be justly entitled at law or in equity to which the court deems to be 13 just in this action. 14 15Respectfully submitted this 7th day of January 2000 16 17______18Walter J. Burien, Jr., Relator, Pro Se 19P. O. Box 11444 - Prescott, Arizona 86304 20Tel: (520) 445-3532 21 VERIFICATION 22STATE OF ARIZONA ) 23 KNOW ALL MEN BY THESE PRESENTS 24COUNTY OF YAVAPAI ) 25 26 Before me the undersigned authority on this day personally appeared Walter J. Burien, Jr., who 27after being duly sworn, did depose and state: 28"My name is Walter J. Burien, Jr., I am over twenty-one (21) years of age, have never been 29convicted of a felony or a crime of moral turpitude and am competent to make this affidavit. I am 30the father of JOHN JOSEPH BURIEN, and, as Relator, I have prepared and signed the foregoing 31MOTION REQUESTING COURT ORDER and all statements, allegations, denials and 32attachments contained therein are true and correct.” 33 34 ______, Walter J. Burien, Jr. 35 36Given under my hand and seal this 7th day of January 2000 37 38 39______40Notary Public, In and For the State of Arizona Name of Notary – Printed 41 42COPY SENT US MAIL: Debbie C. Burien 2967-B Chemehuevu Blvd, Lake Havasu City, AZ 86406 43On January 7th 2000

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