Walter J. Burien, Jr. (AKA: Bubien)

STATEMENT OF:

Walter J. Burien, Jr. (AKA: Bubien)

P. O. Box 42

East Brunswick, NJ 08816

Telephone: 732 790-9233

Prepared April 14th 2006

1.)In the beginning of the year 2005, I Walter J. Burien, Jr. (AKA: Bubien), and my son John Joseph Burien age 5 DOB 07/08/99 were living in the state of Arizona, town of Saint Johns. I had custody of John since February of 2000, because of his mother’s reckless endangerment of his life over a period of two month when he was five and six months old.

2.)In the year 2000, Theresa T. Bubien, my mother and the grandmother of my son John, died from multiple heart attacks she had at her home, at 76 Yorktown Rd., East Brunswick, NJ 08816. John and I returned to New Jersey the day after my mother had her heart attack and visited with her in the hospital the day she died. This was the first time my mother had the opportunity to see her grandson John or John his grandmother. We attended her funeral and then returned to Arizona.

3.)Now that my father was living by himself, in the year 2002, I started to make plans for my and my son’s return to East Brunswick, New Jersey so that; My son would be able to get to know his grandfather. Be enrolled in school there to benefit from a blue-ribbon school district that offered the best special ed services; I could attempt to revive my business which had faltered in Arizona since the year 2002; and I could spend time with my father and spend some time at the home I grew up in before it was sold. I had lived primarily on the west coast in Arizona and California for the last 22 years.

4.)In 2002 until 2005, when I spoke to my father on numerous occasions by phone, it became obvious to me after observing my father’s faltering memory, that he was exhibiting the degenerative onset of Alzheimer’s. I informed my father in 2003 that I and my son John when we were able to do so would be relocating back to East Brunswick, NJ so that three generations “of the guys” would be together for a while when they still could.

5.)Within 2004 and 2005 Financial strains on my circumstances in Arizona in combination with lack of responsiveness from the Arizona Court per my notice(s) I gave in my ongoing custody case per relocation back to New Jersey were delaying my departure.

6.)In May of 2005, my sister Joan Bubien that lived in Sayreville, NJ, who I had virtually no contact with for twenty years called me upon learning that I was returning to NJ to spend time with my father and she threatened me not to come to NJ. I had no contact with my sister at my choice after she attempted an incestual relationship while in a drunken state twenty years earlier. Her hostility towards me not to return to NJ sent up a big red flag of concern. I told her I was coming to NJ and that “my six year old son would get to know his grandfather while he was still walking on this planet. That is when she told me: “She had power of attorney for the last four months, and that she controlled everything that took place, and I and my son could not stay with my father.” The Power of attorney comment Joan made and the way she made it sent up the biggest red flag of concern possible.

7.)Come June of 2005, my financial circumstances in Arizona were deteriorating over improving and the showing of my father’s Alzheimer’s was becoming much more pronounced, I asked for the assistance of my father towards relocation and gas money to make the trip back to New Jersey in my 30 foot motor home. My father allocated the money to make the trip at the end of August 2005, I, my son, and the family dog departed for New Jersey in my motor home after I had secured our property in Saint Johns, Arizona for the winter..

8.)We arrived in NJ on September 5th 2005 and on September 6th 2005 I enrolled my son in 1st grade at Central Elementary School. I parked my motor home at my father’s house where John and I would stay as we visited with my father and I would conduct my business. My New Jersey Corporation incorporated in 1979, CEVI of which in Arizona was registered as a NJ foreign corporation maintained its primary address in NJ as 76 Yorktown Rd., my father’s house.

9.)Now that I was in NJ, as of September 6th 2005, I then started to observe firsthand what my father’s circumstances were and what Joan’s interaction in my father’s circumstance had developed into. What I learned and observed from that point is disclosed in part within the writing of this statement and is as follows;

1. I note that before I arrived in NJ that in early 2005 when speaking to my father from Arizona by phone he had complained about being charged significant money for work done at his house. On one occasion he said he was charged about $650 from someone to clean the gutters of the house and on another occasion after a snow fall being charged $425 to get the driveway and sidewalks cleared. I asked him who had arranged for these individuals to do these jobs and he said Joan had done so. This information disclosed to me by my father sent up a red flag being that twenty years earlier Joan had promoted to my father to use a lawn service from South River, NJ that was a friend of her and her then husband Sonny that would double bill and pay half of the amount collected to the referral, her. At that time when I told her that was bad of her to do that, her reply was: “Dad had plenty of money, he would never miss it.” I regret not having taking action to protect my father at that time.

1. On September 6th 2005, when and after I had enrolled my son in 1st grade, Joan upon learning that my son had been enrolled ran interference with the school district administration per them allowing enrollment of my son. The school district administrator then contacted me wanting me to bring my father to the school district office for him to re-sign a notarized letter she already had “in front of her” that I and my son would be staying at 76 Yorktown Rd. My father went there and complied with the school administrator’s request. Joan in the alternative before he went to see the administrator had instructed my father by phone not to do so.

1. When I arrived at 76 Yorktown Rd. I had planed to park on the street at the bottom of the driveway so that I could travel easily in the motor home. Joan on September 8th called the East Brunswick Police and said I was parked on the street at the bottom of the driveway and asked the police to tell me I had to leave. A police officer stopped by that morning and told me I had to leave by noon of that day. That I could not park on the streets. I in the alternative moved the motor home into the back yard of the house after I confirmed with city zoning that a RV could be on the side or back yard of a house in East Brunswick..

1. On September 7th 2005, the day after I arrived, Joan and her new boyfriend Mike came over to the house and moved my fathers financial records out of the house.

1. I subsequently learned that Joan listed my father’s house for sale on September 6th 2005 over $100,000 below market for a house on Yorktown Rd. The median sale price on Yorktown Rd was $650,000 for houses smaller and with less property than my father’s house. Joan also called a nursing / assisted living home, Castle at Foresgate in Jamesburg, NJ to move my father into on the same day also. She set a date of October 15th 2005 to move my father.

1. It became evident to me in a very short period of time that my father’s Alzheimer’s was much more advanced than I had previously thought. At first I realized that he spent half of his day sleeping upright in his study chair in front of the TV. His short-term memory was almost non-existent. It appeared that Joan did not have a problem with my father’s condition and him being alone in the house, but now that I was there to observe what was going on and in a position to help and benefit my father, she now was trying every avenue to cut off my and my son’s participation with my father.

1. Upon questioning my father, it became apparent that he had no idea as to how much his house was being sold for. He thought it was going on the market for $585,000 to $620,000 and in fact Joan had listed it for $525,000. I asked him for a copy of the sales agreement but he did not have it nor did he know what percentage the broker would get. I learned that the commission was set at 6%., I asked him to see a copy of the Power of Attorney he had granted to Joan, he did not have a copy and Joan refused to provide a copy for me to see.

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1. It became evident to me also that Joan had learned to play my father like a Stradivarius violin. Whatever she wanted my father to believe or say, she would just repeat it or infer it and my fathers would then repete or say the same; Fact, fiction, true, or false. Joan used this technique on my father consistently to discredit; defame; harass; and attack myself in her attempts to bump me out of the picture for whatever reasons she had. I ignored her hostilities, avoided her and concentrated on accomplishing quality time with my father for my, his, and my son’s sake. The interference Joan ran to disrupt quality participation between father and son Joan was relentless and outright abusive in its underlying deception.

EXAMPLES: I had asked my father to come on a trip to the Statue of Liberty with John and myself. He thought that was great, and this would be the first field trip for the three generations of the guys to participate in. Joan upon learning that my father was going to go with us, played on my father’s short term memory loss and told him he could not go being that he was supposed to go to lunch with her and Mike her boyfriend. My father canceled at the last minute and did not go. Joan did the exact same thing when my father was going to go on a trip I took to Washington, DC with John. He was already to go until Joan found out, she went to work on him, and he did not go.

I note that on both of these occasions mentioned above that after the fact, and based on his original anticipation of going on these events, my father thought and was convinced that he did go with us on these trips.

1. Joan was pushing way to hard and this motivated me to now start looking and investigating identifying her motive for doing so. I knew she probably maintained resentment for the rejection I had given her twenty years earlier towards her sexual advances and my subsequent non-participation with her or her children. Joan’s consistency, degree of manipulative actions at this point, and out-right blatant aggressive behavior and hostility exerted against me seemed to run way far to deep and almost to a point of maniacal desperation.

1. Towards the end of September, I started questioning my father as to financial issues. I asked my father what he thought his net worth was. He did not know. I asked him if he remembered having a net worth in 2001 of 1.2 million dollars and he said; “He never even had close to that much money.” I note that in 2001 my father disclosed to me that that he had just broken the 1.2 million dollar net worth mark. He was proud of that and I think he was bragging a little which is something he never really does.

1. Therefore, when he said he did not remember having a net worth of 1.2 million in 2001, I asked him if he remembered having a net worth of $747,000 in 1998. He said he never had that much either. I then asked him if he would like to see his own financial statement that “he” prepared from 1998 to show him that his net worth in 1998 was what I had just told him it was, and he said he wanted to see it. What Joan was not aware of was the fact that my father kept a file folder that was intentionally mislabeled by him whereby he could hide important information “in plain site.” He showed this folder to me and showed me where he kept it years ago on a prior occasion when I visited him. I brought his ledger to him and showed him the 1995, 1996, 1997, and 1998 statements. He then looked at the items listed in the 1998 with surprise and attempt to recollect. He seemed to focus on the several insurance policies listed and investment accounts. He then said, he would have to look into that, and that, and that. The following day he had forgotten, he had looked at it or the factual listing of assets it contained. I showed it to him again and by the afternoon, he again forgot that he looked at it or the facts shown therein.

1. By the end of September and going into the beginning of October 2005, it now was greatly concerning me as to what possible liberties Joan had taken with my father’s net worth holdings and standing finances over the last few years. It became very disconcerting to me that I had not come back home sooner, and that Joan had situated herself where she could so easily manipulate my father’s memory and recollection at her whim, not just towards his finances but also towards the ongoing circumstances affecting myself and son John. Joan and I also noticed now Susan in cooperation with Joan could tactfully feed our father whatever false derogatory comments or created negative thoughts or circumstances that fit her manipulative and designed intent. These actions by her would cause damage fulfilling her negative agenda towards myself, son, or even family dog and my father would believe what was said, in fact if false he believed what was said had happened or was true even though what Joan was telling him were fictional accounts to meet her controlling design. I note that when my mother was still alive, Susan had been selected by my mother and father to be the executor over an; “Irrevocable Trust – Last Will in Testament” enacted by my mother and father.

1. It became very obvious to me that the hold Joan had accomplished over my father gave her almost 100% capabilities to create “whatever” reality she wanted my father to believe, true, false, or even outright ludicrous. To my dismay, I learned quickly that our father in all respects did not know in reality the most important aspects of what was transpiring around him and in most probability may have been predominately this way for now over two years. Even though the power of attorney that my sister Joan had was supposedly secured four months ago, she had positioned herself to handle many financial matters for my father since my mother had died five years earlier. Our father thought Joan could do no wrong and had unselfishly helped over the last several years. She had also planted the false thoughts in my father’s mind that I had never worked in my life; just wanted to know what the balance of his checking account was; and came back to NJ to take advantage of him. In reality, I have run my own business for 28 years, and have stood up to financial hard time on and off throughout my lifetime.

1. Per financial assistance that my father rendered since I turned 18 years old; he never offered college assistance to me. Throughout the last 32 years, I have received direct financial assistance from my father, which totaled approximately $18,000 over those 32 years, of which $2,500 of that amount was allocated to me to facilitate my return to NJ at the end of August 2005. The gasoline alone at the beginning of September to drive my motor home that gets 6 MPG at the then $3.18 a gallon was $1,600.

1. Upon my return to NJ, I kept my expenses low, paid all of my own expenses that I incurred, and after realizing the degree of my father’s condition, did not take any money that he offered me and in fact, if we went out for a bite to eat, I paid the bill. The Comcast cable at 76 Yorktown Rd my father switched to my name at my request, I paid for being that I hooked it up to my motor home in the back yard, and turned on DSL service through Comcast so that I could use my digital phone service offered through VONAGE and also trade the futures market via the Internet for one small account I was managing for a Douglas Reed, a soybean farmer from Ohio.

1. My father thought that Joan did not benefit from helping him. I looked at that circumstance to evaluate the reality of this. What I saw was the following. When our mother died, father gave Joan all of mother’s jewelry, mink coat, and wedding ring. The 1999 appraisal just for the diamond ring was $21,500 and the mink coat $5400. Joan and her boyfriend Mike would have father take them out for breakfast, lunch, and diner several times a week running up consistent restaurant bills. It came to my attention that Joan was still using the same lawn service from South River that would split billing under the table and just for the month of September this lawn service had submitted a bill saying that the lawn was cut six times when in fact it was cut only once. My motor home was in the back yard and I was very aware of if, or if not the grass was cut. My pictures taken of the lawn over that period also proved the same. Joan had my father give her son Daniel several thousand dollars to buy a car where he was supposed to make payments back, and that was not done. What else was Joan or her friends benefiting from, I did not know and she was keeping silent.