In the Matter of the Marriage of

)
) County Appealed From: Sedgwick County
HALLECK RlCHARDSON, )
) District Court Cas~ No.: 96 D 217
Petitioner -Appellee, )
vs. ) Proceedings UI!der ChapteL __6""O'-'--_ __
)
CLAUDINE DOMBROWSKI, ) Party Filing Appeal: _ _~R~e""'sp"-"o"-'-'n'-"!d-""en....t '---­
)
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 or procedural motions.

1. Civil Classification: From the list of civil topic sub-types listed below, cboose the one
which describes the primary issue in this appeal:_~D~iv~o!.!..rc~e"___ _ _ _ _ __

2. Proceedings in the District Court:

a. Trial Judge from whose decision this appeal is taken: James P. Buchele
b. List any other judge who has signed orders or cond~cted hearings in this
matter: Jan W. Leuenberger
c. Was this case disposed of in the district court by:
Jury Trial
-L Bench Trial
Plea
Dismissal
d. Length of trial, measured in days (if applicable): Two (2) days.
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
transcriptiomst pursuant to Rule 3.03)
Esther L. Thompson, 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

,.

...~-.~------~.------ .
 Rikki Alexandra Dombrowski-Richardson
f State the name, address, and telephone number of any attorney who has
represented a party in district court if that attorney's name does NOT appear
on the certificate of service attached to this docketing statement. Clearly
identifY each party represented.
The Petitioner-Appellee --- Halleck Richardson
Mr. Donald R. Hoffinan. Attorney at Law. # 07332. 112 West 7th Street -­
Garden Suite. Topeka, Kansas 66603 Telephone: (785) 233-5887;
Mr. Jason p, Hoffinan, Attorney at Law, #17637,112 West 7th Street -­
Garden Suite, Topeka, Kansas 66603 -- Telephone: (785) 233-5887
Respondent-Appellant - Claudine Dombrowski
Mr. Alan F, Alderson, Attorney at Law, # 8390, 2101 S,W, 2pr Street,
Topeka., Kansas 66604 -- Telephone: (785) 232-0753; Ms, Nancy E. Fruend,
Attorney at Law. # 10807, 1611 S,W, 37th Street, Topeka, Kansas 66611 ­
Telephone: (785) 267-5858; Mr, John I Ambrosio, Attorney at Law, #
07489, 1208 S.W. Tyler, Topeka, Kansas 66612 - Telephone: (785) 233­
0524; Ms. Ainka C. Kweli, Attorney at Law, # 16721, P.O Box 196,
Chanute" Kansas 66720 - Telephone: (316) 431-4563; Ms. LaDessa M. de
la Cruz, Attorney at Law, # 17105, 120 South Market, Suite 420, Wichita,
Kansas 67202 - Telephone: (316) 267-2929; Ms. Janice A. Doran, Attorney
at Law, # 17805. 120 South Market, Suite 420, Wichita, Kansas 67202 ­
Telephone: (316) 267-2929
Guardian ad Litem for Minor Child
Mr. Scott D. McKenzie, Attorney at Law, 1020 S Kansas Ave., Topeka,
Kansas, 66601 - Telephone: (785) 267-5400

3. Jurisdiction:
a. Date journal entry or judgment fonn filed: October 28, 1997
b, Is the order appealed from a final order, i.e., does it dispose of the action as

to all claims by all parties? --'o...x><_ _ _ _ _ _ _ _ _ _ _ _ __

c. If the order is not a final disposition as to all claims by all parties, did the

district court direct the entry ofjudgment in accordance with KS.A. 60-254

(b)?: Not Applicable

If applicable, date K S.A. 60-254 (b) certificate filed: Not Applicable

d. Date any post-trial motion filed: November 3, 1997

e, Date disposition of any post-trial motion filed: December 3, 1997

f Date Notice of Appeal filed in district Court: October 31, 1997

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: Not Applicable

h, Statutory authority for appeal: KS.A. 60-2101 (a) and 60-2102 (a) (4)

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";"

~~_ _ A."'"L
 or federal, willch might impact this case or this court having jurisdiction (yes
or
If "yes", identify the court or agency where the related proceeding is pending.
List the case captions and the case or docket number: Not Applicable

4. Constitutional Challenges to Statutes or Ordinances:

Does tills appeal challenge the constitutionality of a statute or ordinance (yes or no)?

If''yes'', what statute or ordinance? ~N"--,-",o"-t-,-A~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:

a. Is there any case now pending or about to be filed in the Kansas Appellate
Courts which:
(1) Arises from substantially the same case or controversy as this appeal
(yes or no)? No If yes, give case caption and docket number.

(2) Involves an issue that is substantially the same, similar, or related to

an issue in this appeal (yes or no)? ~ If''yes'', 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 will appear in the brief
Following their marriage the parties separated within a few months due to acts of
physical abuse committed against the Respondent Within six months of the date of
their marriage the Petitioner filed for divorce. In the Journal Entry of Divorce the
district court judge entered orders requiring the Respondent to change her residence
and her employment by the State of Kansas as a nurse at Larned State Hospital and
forcing her to return to live in the same community in which the Petitioner resides
notwithstanding the finding that the Petitioner has been convicted of criminal
domestic violence, has inflicted greater bodily harm upon the Respondent, and that
the Petitioner's move of her residence from Topeka to Larned has lessened such
physical violence

7. Concise statement ofthe issues proposed to be raised. You will not be bound by this
statement but should include issues now contemplated. Avoid general statements
such as "the judgment is no 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

3
 household expenses to live in a substantially similar manner in Topeka as she now
enjoys in Lamed, and which would make her more likely to suffer continued physical
abuse from the Petitioner based upon his past history of violence against her?
2. Did the district court err in imposing upon the Respondent, who has long suffered
physical abuse at the hands ofthe Petitioner. including the use of a weapon,. a plan for
the co-parenting of the minor child which would endanger the safety of the
Respondent?
3. Did the district court err in ordering a change in the surname of the minor child to
include the surname of a biological parent who has demonstrated no interest in
supporting or nurturing such child except when required to do so by a court oflaw?

Respectfully submitted,

lsi Geary N. Gorup

GEARY N. GORUP
SUPREME COURT REG. NO. 08282
ATTORNEY AND COUNSELOR AT LAW
of Counsel, RENDER KAMAS, L. C.
345 RIVERVIEW, SUITE 700
WICmT A, KANSAS 67201
Telephone: (316) 267-2212
Fax: (316) 267-4343
Attorney for Respondent-Appellant
Date: December 3, 1997

CERTIFICATE OF SERVICE

This is to certifY that one (1) true and correct copy of this Docketing Statement was deposited

in the United States Mail, first class postage prepaid, and addressed to Mr. Donald R. Hoffinan,

Attorney at Law, # 07332, 112 West rtt Street -- Garden Suite, Topeka, Kansas 66603, and to Mr.
Scott D. McKenzie, Attorney at Law, 1020 S. Kansas Ave., Topeka, Kansas, 66601 on this 3fd day

of December, 1997.

lsi Geary N. Gorup

GEARYN. GORUP
ATTORNEY AND COUNSELOR AT LAW