IN THE COURT OF APPEALS OF THE STATE OF KANSAS

In the Matter ofthe Marriage of )

) County Appealed From: Shawnee County
HALLECK RICHARDSON, )
) District Court Case No.: 96 D 217
Petitioner-Appellee, )
vs. ) Proceedings Under Chapter: 60
)
CLAUDINE DOMBROWSKI, ) Party Filing Appeal: Respondent
)
Respondent-Appellant. )

DOCKETING STATEMENT ---- CIVIL

The docketing statement is used by the court to determine jurisdiction and to make
calendar assignments pursuant to Rules 7.01(c) and 7.02(t). This is not a brief and should not
contain argument procedural motions.

I. Civil Classification: From the list of civil topic sub-types listed below, choose the
one which describes the primary issue in this appeal: -"'D=l...,·v""o:.o.;rc...,e"--_ _ _ _ __

2. Proceedings in the District Court:

a. Trial Judge from whose decision this appeal is taken: James p, Buchele
and Richard Anderson
b. List any other judge who signed orders or conducted hearings in this
matter: Jan W. Leuenberger
c. Was this case disposed of in the district court by:
Jury Trial
~ Bench Trial
Plea
Dismissal
d. Length oftriat, measured in days (if applicable): 3/4 of a day
e. State the name of each court reporter and/or transcriptionist who has
reported or transcribed any or all of the record for the case on appeal.
(This is not a substitute for a request for transcript served on the individual
reporter or transcriptionist pursuant to Rule 3.03)
Esther L. Thomspon. C,S.R.; Martha L. Young. C.S,R.: and Carleen
L. Horenkamp. C.S,R.
f State the legal name of all entities who are NOT listed in the case caption
(including corporations, associations, parent, subsidiary, or affiliate
business entities) who are parties or who have a direct involvement in the
case on appeal: The minor chi1d of the parties; Rikki Alexandra
Dombrowski ,
 g. State the name, address and telephone number of any attorney who has
represented a party in district court ifthat attorney's name does NOT
appear on the certificate of service attached to this docketing statement.
Clearly identifY each party represented.
The Petitioner-Appe1lee - Halleck Richardson
Mr. Donald R. Hoffinan, Attorney at Law, #07332. 112 West 7 1h Street.
Garden Suite, Topeka. Kansas 66602,(85)233-5887 and Mr. Jason P.
Hoffinan, attorney at Law, #17637, 112 West 7th Street. Garden Suite.
Topeka, Kansas 66603,(785)-233-5887
Respondent-Appellant - Claudine Dombrowski
Mr. Alan F. Alderson, Attorney at Law, #8390, 2101 S.W. 2pt Street.
Topeka. Kansas 66604 - (785)232-0753: Ms. Nancy Freund. Attorney at
Law, #10807, 1611 S.W. 37th Street. Topeka. Kansas, 66611 - (785)267­
5858: Mr. John Ambrosio, Attorney at Law. #Q7489, 1208 S.W. Tyler.
Topeka, Kansas 66612 - (785)233-0524: Ms. Ainka C. Kweli. Attorney at
Law, #16721, P.O. Box 196, Chanute. Kansas 66720 - (316)431-4563:
Ms. LaDessa M. De La Cruz. Attorney at Law. #17105. 120 South
Market. Suite 420, Wichita. Kansas 67202 - (316)267-2929: Ms. Janice A.
Doran. Attorney at Law, #17805. 120 south Market, Suite 420. Wichita.
Kansas 67202 - (316)267-2929
Guardian ad Litem for Minor Child
Mr. Scott D. McKenzie, Attorney at Law, 1020 S. Kansas Ave., Topeka.
Kansas, 66601 - (785)267-5400

7. Jurisdiction:
a. Date journal entry or judgment fonn filed: June 28 th, 1999
b. Is the Order appealed from a final order, i.e., does it dispose ofthe action
as to all claims by all parties? ~Ywe~s_ _ _ _ _ _ _ _ _ _ _ _ __
c. If the order is not a finat disposition as to all claims by all parties, did the
district court direct the entry ofjudgment in accordance with K.S.A. 60­
254 (b)?: Not applicable
If applicable, date K.S.A. 60 254(b) certificate filed: Not Applicable
M

d. Date Any post-trial motion filed:...:!.J~ul!,Iy~2:.!::6~th.....,~19~9:.=::9~_ _ _ _ _ __

,r e. Date disposition of any post-trial motion filed: As of today's date. the
Order has not been signed regarding the Denia] of Stay
I.:
f Date Notice of Appeal filed in District Court: July 26th, 1999
g. Other relevant dates necessary to establish this court's jurisdiction to hear
the appeal, i.e., decisions of administrative agencies or municipal courts
and appeals therefrom: ____N"-"=ot.=...;a::,Jp""'p=li=ca=b=]e=-_ _ _ _ _ _ _ _ _ __
h. Statutory authority for appeal: K.S.A. 60-21 01 (a) and 60-2102(a)(4l
1. Are there any proceedings in any other court or administrative agency,
state or federal, which might impact this case or this court having
jurisdiction (yes or no)?: _....!..N~o~_ _ _ _ _ _ _ _ _ _ _ _ __

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 If"yes", identify the court or agency where the related proceeding is
pending. List the case captions and the case or docket number: ",-N,-",o:.!;.t_ __
Applicable

4. Constitutional Challenges to Statutes or Ordinances:

Does this appeal challenge the constitutionality of a st~tute or ordinance (yes or
no)? No
If"yes", what statute or ordinance? ----'N~o"'-ta~p~p~li,-",c"",ab~l.!::.e_ _ _ _ _ _ _ _ __
Was the statute or ordinance found to be unconstitutional by the trial court (yes or
no)?: Not Applicable

5. Related CaseslPrior Appeals:

1. Is there any case now pending or about to be filed in the Kansas AppeUate
Courts which:
(I) Arises from substantially the same case or controversy as this
appeal (yes or no)? No Ifyes. give case caption and docket
number. Not Applicable

6. Brief statement (less than one page), without argument. of the material facts. This
is not intended to be a substitute for the factual statement which win appear in the
brief. Following and unsuccessful appellate appeal ofJudge Buchele's prior Order
that the Respondent move back to Topeka, Kansas from Lamed, Kansas. the·
Respondent took the appeal to the Supreme Court of Kansas. While this was
pending., the Petitioner voluntarily suspended his visits for over a year after an
incident wherein the minor child was returned to the Respondent. at the age of
three. with dirty clothes, smeJling ofalcohol and marijuana. without her underwear
on and in hysterics. Respondent took the minor child to a doctor who confirmed
neglect, and possible abuse. The Respondent was a victim ofextreme physical
violence at the hands of the Petitioner while she lived in Topeka. Yet. even with
this new evidence. the trial court stilI ordered that the Respondent leave her
livelihood and move to Topeka.

7. Concise statement ofthe issues proposed to be raised. You win not be bound by
this statement but should include issues now contemplated. Avoid general
statements such as "the judgment is not supported by the law".
1. Did the trial court err in entering an order, and in denying a stay from such
order pending appeal. that would require the Respondent to lose her
employment. the health benefits presently provided for both her and the
minor child, increase the costs of her household expenses to Jive in a
substantially similar manner in Topeka as she now enjoys as a home owner
in Pawnee Rock. Kansas. and which would make her and her daughter, the
parties' minor child. more likely to suffer continued physical abuse from

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 the Petitioner based upon his past history ofviolence against both of them?
2. Did the trial court err in imposing upon the Respondent. who has long
suffered physical abuse at the hands ofthe Petitioner. including the use of a
weapon. and for which there is now evidence ofabuse against the minor
child by the Petitioner. a plan for co-parenting ofthe minor child which
would endanger the safety ofthe Respondent and the minor child?
3. Did the trial court err in issuing an Order to Enforce Prior Order. Order
Establishing Supervised Visitation. Order for Hearing on Child Support.
Order on Motion to Change Venue and Order Amending Prior Decision
Regarding Surname; when the parties appeared in Court on the
Respondent's Objection to the Case Manager's Recommendation?

Respectfully submitted.

A KING
SUPRE COURT REG. NO. 16772
ATTORNEY AT LAW
RILING, BURKHEAD & NlTCHER, CHID.
P.O.B
808 MASSACHUSETTS
LAWRENCE, KANSAS 66044
Telephone: (758)841-4700
Fax: (785)865-0161
Attorney for Respondent-Appellant
Date: September 20. ] 999

CERTIFICATE OF SERVICE

This is to certity that one (1) true and correct copy of this Docketing Statement was
d~~in the United States Mail, first class postage prepaid, and properly addressed on this
~'day of September, 1999, to the following: Me Don R. Hoffman, HOFFMAN &
HOFFMAN, 112 West 7th Street, Garden Suite, Topeka, KS 66603 and Harry Moore, 200 SE 7th
Street, Topeka, KS 66603.

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