GARDNER POLICE DEPARTMENT

Report of Complaint Against Police Personnel

Complaint #
CONFIDENTIAL

Name of Complainant Lonnie LuPardus Date of Birth 09/10/1990

Address 829 Creekside Drive City Gardner State KS ZIP 66030

Residence Phone Work Phone Cell Phone (913) 912-2255

Date and Time of Incident 07.17.2023 18:04 Location 829 Creekside Drive 66030

Employee against whom the complaint is being filed:

Name VARIOUS Badge Rank Vehicle

Name(s), address, phone number or other identifying information concerning witnesses:

Terren Masters, 829 Creekside Drive Gardner KS 66030
LuPardus Exterior Home Security System

Relevant Ticket or Case Number 2302131

Statement of allegation:
SEE ATTACHED.

(USE ADDITIONAL SHEET IF NECESSARY)

I understand that this statement of complaint will be submitted to the Gardner police Department and may be the basis for an investigation.
Further, I sincerely and truly declare and affirm that the facts contained herein are complete, accurate, and true to the best of my knowledge
and belief. I declare and affirm that my statement has been made by me voluntarily with out persuasion, coercion, or promise of any kind.

SIGNATURE OF COMPLAINANT DATE

SIGNATURE OF PERSON RECEIVING COMPLAINT DATE

 13FILE COPY
FROM THE DESK OF

LONNIE LUPARDUS
829 CREEKSIDE DRIVE 1 GARDNER, KS 66030

***FOR IMMEDIATE PUBLIC RELEASE***

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August 25th, 2023
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i- Pamela Waldeck, Chief of Police,
CO Gardner Kansas Police Department
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C) Re: Report of Complaint Against Police Personnel
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u_ Chief Waldeck,
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u_ I am writing this formal complaint to bring to your attention a deeply concerning and
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C.) distressing incident involving your officers at the Olathe Police Department who were present or
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< influenced in any fashion case 2302131, which has resulted in a grave miscarriage of justice. The
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1 actions taken by these officers have caused significant harm to an innocent individual, Mr.
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t.t.i LuPardus, due to their wrongful interpretation and handling of a complaint filed by Iliana
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CC Meircarek.
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H BREIF HISTORY OF EVENTS
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co On July 17th, 2023 Iliana Meircarek made a baseless and false complaint against Mr.
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H LuPardus, mere hours after he had obtained a judgment in his favor in a case involving her son
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2 Alex Katafias. The complaint alleged a violation of a temporary protection from stalking order,
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0 claiming that Mr. LuPardus had breached the order by contacting her. However, it is crucial to
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highlight that the alleged communication merely consisted of court-related documents, which

was acknowledged by affidavit signed by Sergeant D. Smith the following day on August 18111,
 2023, affirming that "all communications between LuPardus and Meircarek are professional in

manner and are only court related issues." Under the law of Kansas pertaining to protection

from stalking orders, a pro se party is not barred from communicating with the opposing party

(who is also pro se) in communicating information and providing documentation concerning the

civil or criminal matter. It is explicitly exempt from restriction set forth in K.S.A.60-31a06:

(g) A no contact or restraining provision in a protective order issued pursuant to this section
•
shall not be construed to prevent:
(I) Contact between the attorneys representing the parties;
(2) a party from appearing at a scheduled court or administrative hearing; or
(3) a defendant or defendant's attorney from sending the plaintiff copies of any legal pleadings
• filed in court relating to civil or criminal matters presently relevant to the plaintiff
2 Furthermore, Mr. LuPardus' treatment is a direct violation of his rights as stated in the protective

order and the law. K.S.A.60-31a06 explicitly states that a protective order does not prevent

contact between attorneys representing the parties, appearances at court or administrative

hearings, or the defendant or defendant's attorney from sending the plaintiff copies of any legal

pleadings relevant to the plaintiffs civil or criminal matters.

DOCUMENTS SENT TO GARDNER

Contrary to the clear provisions of K.S.A.60-31a06, Officer Winterscheidt and Sergeant

Smith failed to interpret the law accurately, which include now the Gardner Police Department,

who claimed during the arrest that they were only doing so at the request of Officer

Winterscheidt (which is then later changed to the request being made by Dispatch, which

apparently Gardner PD and Olathe PD share), providing him no documentation or information

concerning the report LuPardus would obtain after the fact, showing the Gardner Police

Department making an arrest under KSA 22-2404, which has nothing to do with the situation at

hand. KSA 22-2204 reads as follows: 22-2204. Arrest by law enforcement officer from another

jurisdiction.

***FOR IMMEDIATE PUBLIC RELEASE***

 (1) As used in this section:
(a) "State" means any state of the United States and the District of Columbia.
(b) "Law enforcement officer" means any member of any duly organized state, county or
municipal law enforcement organization of another state.
(c) "Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed
a crime, or who is reasonably suspected of having committed a crime.
(2) Any law enforcement officer of another state who enters this state in fresh pursuit and
LO continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has
committed a crime in the other state has the same authority to arrest and hold such person in custody
as law enforcement officers of this state have to arrest and hold a person in custody.
(I)
(3) If an arrest is made in this state by a law enforcement officer of another state in accordance
O with the provisions of this section he shall without unnecessary delay take the person arrested before
a magistrate of the county in which the arrest is made. Such magistrate shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was
lawful, he shall commit the person arrested to await for a reasonable time the issuance of an
O extradition warrant by the governor of this state, or the waiver thereof, or shall permit such person to
go at large upon giving an appearance bond, with or without surety. If the magistrate determines that
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CL the arrest was unlawful, he shall order the discharge of the person arrested.

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U_
LU LuPardus on August 25t1i, 2023, would inquire with Captain J. Hayes #804, would state that the

o information provided to LuPardus was a true and accurate depiction of the events. In the document
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(Ex. 1), it states that LuPardus was arrested in violation of state statute 22-2204, which as stated

above, describes "if an arrest is made in this state by a law enforcement officer of another state,"
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UJ which is inaccurate as Olathe and Gardner are both municipalities of the State of Kansas.

0 Furthermore, and based on the video recording of officers arresting LuPardus, made no mention of
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any violation of Kansas law, and cited only that this was being done at the request of the Olathe PD.
0
An injustice has occurred under your watch, and false information and wrongful detaining of

LuPardus has occurred, in which LuPardus is again bringing to your attention.

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2 THE AFTERMATH

0 The wrongful arrest of LuPardus by the Gardner Police Department/Olathe Police Department
0
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has resulted in a violation of Mr. LuPardus civil rights, having been wrongfully arrested and held

for (2) days, subjected him to severe restrictions, including 11 days of house arrest, where he was

***FOR IMMEDIATE PUBLIC RELEASE***

 denied the freedom to leave his home, subjected to drug tests and unannounced home visits, and

was required him to seek permission for any movement he needed to do. Also, the unnecessary

humiliation of Mr. LuPardus done by the Gardner Police Department by parading him in

handcuffs outside his home, shoeless, would result in the physical injury by forcing him to walk

on extremely hot asphalt, handcuffed, showing no signs of obstruction or refusal in any form,

before he was placed in a sealed SUV in over 90-degree heat with the engine turned off for

almost an hour. Dogs in a hot car would have been shown more compassion than LuPardus was

at the hands of your officers that day.

GARDNER KANSAS CHIEF OF P

It is apparent that all officers involved in this ordeal failed to uphold their duty to accurately

interpret and apply the law. Their actions have caused LuPardus severe harm, causing emotional

distress, financial loss, and physical injury. Such misconduct and disregard for the rights of

individuals erode public trust in law enforcement and the justice system.

CONCLUSION

Therefore, I urge you to conduct a thorough investigation into the conduct of your officers

involved in this in handling this case. I request that appropriate disciplinary actions be taken
DOCUMENTS SENT

against these officers for their negligence and misuse of authority. Additionally, I seek a formal

acknowledgment of the wrongful arrest, the steps in which will be taken to ensure such an

injustice will never happen again under your watch, which include a written apology.

***FOR IMMEDIATE PUBLIC RELEASE***

 It is imperative that steps be taken to prevent similar incidents from occurring in the future. I

trust that as Chief of this department will treat this matter with the utmost seriousness and ensure

that justice is served, even to those who are tasked and failed to uphold the laws of this State.

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c\I Thank you for your attention to this grave matter. I anticipate a prompt response and resolution
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***FOR IMMEDIATE PUBLIC RELEASE***

 RELEASE FORM

August 25, 2023

Lonnie LuPardus
829 Creekside Drive
Gardner, KS 66030

RE: Authorization to Release Documents Statement

To Whom It May Concern,

I, Lonnie LuPardus, hereby grant any news outlet or publication the permission to release any
relevant documents pertaining to this statement and the attached documents which include case
reports, records, and other associated materials related to the aforementioned case.

Signed,

***FOR IMMEDIATE PUBLIC RELEASE***

 23CV03088
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS DivM4

IIANA MIELCAREK, Plaintiff

vs. Case No. 23CV3088

LONNIE LUPARDUS, Defendant

JUDGMENT OF DENIAL OF PROTECTION FROM STALIUNG ORDER

On this date, AUGUST 14, 2023, after hearing, the court finds:

JBM Plaintiff appears: XX in person; with Counsel,

JBM Defendant appears: in person; with Counsel,

I The court hears evidence and denies the request for a Final Protection from Stalking Order for the following reasons:

Lack of personal jurisdiction because:

Lack of subject matter jurisdiction because:

JBM Lack of proof of the allegations by a preponderance of the evidence because the actions complained of are not

stalking as defined by the statute.

1

The court denies this request for a Final Protection from Stalking Order and vacates any ex parte or other orders issued

in this case.
i Is/ JOHN MCENTEE
IT IS SO ORDERED.
Dated: 08/14/23

JUDGE OF THE DISTRICT COURT

1

PRAEC1PE/REQUEST FOR SERVICE

To the Sheriff of Service on Chief Law Enforcement Officer:

County„ serve Defendant at:
CONFIDENTIAL PD
1 **SERVED BY EMAIL**

ci COPY
Clerk of the District Court, Johnson County Kansas
08/14/23 01:13pm ST
 El FILE COPY
From: Jacob L. Hayes [email protected]
Subject: Re: Pro Se Documents
Date: August 25, 2023 at 2:23 PM
To: LuPardus vs Homesite [email protected]

Mr. LuPardus,

I am not, your email indicates that you believe the Gardner Police Department acted improperly in your arrest. If that is your allegation, then we have a process for that. The
form attached is how that process is started.

In the interest of your time, I am trying to get this moving quickly. To do that, I will need a statement about what misconduct occurred.

Thank you,
Captain J. Hayes #804
Operations Commander
Gardner Police Department
16540 Moonlight RD
Gardner,KS 66030
913-856-7312
Fax 913-856-5733
[email protected]

,:oa s

From: LuPardus vs Homesite <[email protected]>

Sent: Friday, August 25, 2023 2:14 PM
To: Jacob L. Hayes <[email protected]>
Subject: Re: Pro Se Documents
So Just reconfirm, you are refusing to Speak to me over the phone or in person over this concern. correct,

On Fri, Aug 25. 2023 at 2 10PM Jacob L Hayes stqyz,LijignidneiAafidas 02.L. kfSlife
Mr. LuPardus,

If you wish to make a professional standards' complaint on the officers or their actions, you can complete the attached form and submit that by email or in person, and an
investigation will be conducted.

This is our standardized process for complaints on officers and we will be following it.

Respectfully,

Captain J. Hayes #804

Operations Commander
Gardner Police Department
16540 Moonlight RD.
Gardner,KS 66030
913-856-7312
Fax 913-856-5733
jblyuagardnerkansas goy
t-g4t,

From: LuPardus vs Homesite <luoardusyshomesite@gmail corn>

Sent: Friday, August 25, 2023 2:02 PM
To: Jacob L. Hayes <Thay_s_agardnerkansas.gia>
Subject: Re: Pro Se Documents
Captain Hayes.

Thank you for ounfirming that the records of the Gardner PO concerning my arrest are true and accurate With that being confirmed. respectfully request you give moo call to discuss the reports and to discuss why the Gardner Police wrongfully arrested me I am wiling to al:
come to the station and discuss in person as welt Please advise when you are available to meet or to discuss over the phone.

Lonnie LuPardus
913-913-2255

On Aug 25.2023, at 912 AM. Jacob L Hayes <i ngigardnerkansas ny, more

Mr. LuPardus,

Correct sir those are true and accurate copies of our reports.

Respectfully,

Captain J. Hayes #804

Operations Commander
Gardner Police Department
16540 Moonlight RD
Gardner,KS 66030
913-856-7312
Fax 913-856-5733
idayesOgardnerkansas.qgs

ler
From: LuPardus vs Homesite <Juoardusyshomesite@gmail corn>
Sent: Friday, August 25, 2023 9:14 AM
To: Jacob L. Hayes <jnavgigardnerkansas go_v>
Subject: Re: Pro Se Documents
Thank you, I appreciate that To further assist. can you please confirm that the documents I received yesterday are a true copy and accurate?

Lonnie LuPardus

On Aug 25. 2023. 0th 06 AM, Jacob L Hayes ciNlysab dnerkansas az> vvrote

Mr. LuPardus,

I don't mind helping at all. I am always happy to help you or anyone else or answer a question someone has or point them in the right direction to get what they need if it is
not something I can help with directly.

Respectfully,

Captain J. Hayes #804

Operations Commander
Gardner Police Department
16540 Moonlight RD.
GardnerKS 66030
913-856-7312
Fax 913-856-5733
.J.Llayes@gardnerkansas go

-
From: LuPardus vs Homesite <[email protected]>
Sent: Friday, August 25, 2023 9:03 AM
To: Jacob L. Hayes <j, y.saoardnerkansas go>
Subject: Re: Pro Se Documents
Captain Hayes,

If you feel I am wasting your time with needless questions concerning the Gardner Police Department's involvement in this issue.
lam happy to speak to someone else whose time is not going to be inconvenienced with my questions

Lonnie LuPardus

On Aug 25. 2023, at 8.55 AM, Jacob L Hayes rgamagstrinerkensas pa> wrete

Mr. LuPardus,

I was simply explaining that if you want records of the request made by the Olathe Police Department that was relayed to the members of the Gardner Police Department,
you could request dispatch records, which you would need to obtain from the Johnson County Sheriffs Office.

Have an excellent day,

Captain J. Hayes #804

Operations Commander
Gardner Police Department
16540 Moonlight RD.
Gardner,KS 66030
913-856-7312
Fax 913-856-5733
J.Loggggardnerkansas,qo

-
-
From: LuPardus vs Homesite <luoardusyshomesite@gmail com>
Sent: Thursday, August 24, 2023 3:20 PM
To: Jacob L. Hayes <jneys@garslir erhansalgo>
Subject: Re: Pro Se Documents
o ensure accurate understanding, let's clarify the sequence of events. If I'm grasping this correctly. the current narrative suggests that it was the dispatch that initiated the request for your apprehension, qting 22-2404 as the basis to such action. This request, if rrn following
Song. received authorization from Corporal Waggoner of the Gardner Police Department I gather that Offs arrest was executed without a warrant. affidavit, or an order sanctioned bye Judge, but rather stemmed from dispatch's directive for a lunsdhtion beyond their own Is it
accurate to summarize that the Gardner PD proceeded with the arrest in response to dispatch's request without any legal documentation? Kindly pinpoint any inaccuracies in my understanding, 0 present

On Thu, Aug 24, 2023 at 2 51PM LuPardus vs Homesite egagerdusysnonteseedgma.4 cora> wrote
Captain Hayes.

To ensure accurate understanding, let's clad), the sequence of events If I'm grasping this correctly, the current narrative suggests that it was the dispatch that initiated the request for your apprehension, crting 22-2404 as the basis for such action This request. if I'm followm
along, received authorization from Corporal Waggoner of the Gardner Police Department I gather that this arrest was executed without a warrant. affidavit, or an order sanCtioned boa Judge, but rather stemmed from dispatch's directive for a jurisdiction beyond their own It
it accurate to summarize that the Gardner PD proceeded with the arrest In response to dispatch's request without any legal documentation? lqndly pinpoint any inaccuracies in my understanding, if present

On Thu. Aug 24.2223 at 2 35PM LuPardus vs Homesite Rumniusustrornesnellgmksgm> wrote

/s/ Lonnie LuPardus

LuPardus vs Homesite Insurance
829 Creekside Drive I Gardner, KS 66030
(913)912 .2255
hornesiteilithelyarduscot2,24M

Begin forwarded message

From: "Jacob L. Hayes" ettatragentneikanSiS tlf2T,

Subject: Re: Pro Be Documents
Date: August 24,2022 at 233'17 PM CDT
To: LuPardus vs Homesite 41,inzardusirShOrneS4^1,'ornal corn>

Mr. LuPardus,
 The request would have came though Johnson County Sheriffs Office Dispatch who handles police dispatch for both the Olathe Police and Gardner Police
Departments.

A request of their call notes in this case would need to go through their agency, as they are the keeper of those records.

Hopefully this was of assistance.

Respectfully,

Captain J. Hayes #804

C\I Operations Commander
Gardner Police Department
16540 Moonlight RD.
CN Gardner,KS 66030
913-856-7312
Fax 913-856-5733
jflayesega_rdnerkansas goy
Lt)
C\J „

CO

From: LuPardus vs Homesite <lupardusyshomesite@gmaitcom>

Sent: Thursday, August 24, 2023 2:28 PM
To: Jacob L. Hayes <[email protected]>
Subject: Re: Pro Se Documents
Captain,

If you could relay to me the method in which the Gardner police department was requested to make an arrest, and guide me towards any supporting documentation that was provided to your department prior to the arrest; thr
should address my major concerns for now.

7. 1
Lonnie LuPardus
0
On Thu, Aug 24, 2023 at 2:26 PM Jacob L. Hayes eltia gerenerkansas rig_v> wrote:
U- Mr. LuPardus,

0 I am aware of the report requests. SGT. Roberts discussed the documents you requested and what we had to provide you. I assure you that you have every piece o
documentation that we have on both cases.

That said, you are welcome to call the police department at your earliest convenience and I will attempt to answer other questions you have.

Respectfully,

Captain J. Hayes #804

Operations Commander
Gardner Police Department
16540 Moonlight RD.
Gardner KS 66030
913-856-7312
Fax 913-856-5733
J.Lamsagardnerkansas.ggy

cc

From: LuPardus vs Homesite ‹lupardusyshomesiteggmail com>

Sent: Thursday, August 24, 2023 2:12 PM
To: Zachary Roberts <zroberts@gardnerkansas gjar>
Cc: Ilene Spalding <isoaldingAgardnerkansauoy>: Nicholas o. Wright <Mynght@garanerkansas goy>: Jacob L. Hayes <jriays_agardnerkansas goy>
0
Subject: Re: Pro Se Documents

Captain J. Hayes

cr) My name is Lonnie LuPArdus. I am writing to request a brief phone conversation at your earliest convenience as I would greatly appreciate the opportunity to discuss.
few crucial details that need to be ironed out concerning an issue I experienced between the Gardner and Olathe Police Departments, specifically regarding a wrongft
arrest.

I believe that a discussion will help clarify the missing pieces that Sergeant Roberts was unable to provide in his attempt to provide all relevant aspects.

If you would kindly suggest a suitable time and date for the phone conversation, I would be most appreciative. I can be reached at 913.912.2255.
2 Thank you in advance for your attention to this matter; 1 100k forward to the opportunity to speak with you and address these concerns.

/s/ Lonnie LuPardus

LuPardus vs. Homesite Insurance
0 CleeksKle Onve l Gardner KS 66030
(913) 912 - 2255
hoMeSeeePtheluoarduscorpzan

On Aug 24, 2023, at 12:15 PM, Zachary Roberts errroberts@gaitiyamagagy> wrote:

We can provide a copy of the digital evidence with your original request. The cost is $10.00 per case_ The files will be burnt onto a disc, therefore can only be mailed or picked
up in person. Please let me know which cases you would like the digital evidence for and whether you would like to pick them up in person or have them mailed to you.
 Sergeant Zach Roberts #713
Administrative Sergeant
Field Training Coordinator
Gardner Police Department
16540 Moonlight Rd, Gardner, KS 66030
P: 913.856.7312
F: 913.856.5733

yrobertsOgardnericansas.99.Y
www.gardnerkansas gos

<image001.jpg>

From: LuPardus vs Homesite <lupardusyshomesite@gmail comp

Sent: Thursday, August 24, 2023 11:57 AM
To: Zachary Roberts <[email protected]>
Cc: Ilene Spalding <ispaldingAgardnerkansas.goy.>; Nicholas o. Wright <NWright@gardnerkansas goy>
Subject: Re: Pro Se Documents

1 assume I will need to request the issuance of a subpoena in order to get the video recording, correct?

On Aug 24, 2023, at 8 13 AM, Zachary Roberts <7robertsqpggrdnerkansas goy> wrote

Mr. Lupardus,

Thank you. We will get the requested reports uploaded to your requested folder today

Respectfully,

Sergeant Zech Roberts #713

Administrative Sergeant
0 Field Training Coordinator
Gardner Poke Department
16540 Moonlight Rd Gardner, KS 66030
P: 913.856.7312
U- F: 913.856.5733

0 7robertsagardnerkansas gg
yemgardnerkanSaS 925

<image001.jpg>

0
From: LuPardus vs Homesite <[email protected]>
Sent: Wednesday, August 23, 2023 4:25 PM
To: Zachary Roberts <[email protected]>' Ilene Spalding <ispalding_egirdnerkansas gg_v>• Nicholas o. Wright <NWright@gardnerkansas goy>
Subject: Re: Pro Se Documents

Modified Request for Records Form Mos //acrobat adobe comflink/review?uri=um aaid scds tS d7'0c0a7-ba54-3789-851c-f2115o4c15fe,

Modified Records Dissemination Request Form httos //acrobat adobe conillink/reviewr)uri=um aaid:scds.US.12654949-11e1 -36ed-be4e-e86e741fc3b8

Payment: Issued on 08 19 2023

cc On Wed, Aug 23, 2023 at 3:35 PM LuPardus vs Homesite luoardusyshomesite0gmail conl> wrote.
Sergeant Roberts.

0 lament filling out those forms as they are irrelevant to my request for the following:

1) The Request for Records form states I "am requesting a copy of my own arrest record:I was not arrested and therefore am not requesting such documents.
2) The Records Dissemination Request form states 'lam representing myself at this time in the above reference number, tam requesting a copy of the above reference case to prepare for my
F- arraignment, which is
Al There is no arraignment.
in Gardner Municipal Court."

B) There is nothing scheduled in the Gardner Municipal Court.

These forms donut represent my request as I've listed above. You have my request made which provides you all the relevant information needed for you to properly (and accurately) release the
documents requested. I will not be completingffiigning documents that do not adequately represent my request reasons.

I again request you send the requested documents. twill provide you wkh a Microsoft Office direct Ink where the files can be uploaded directly since email seems to be too much of a hassle. Please
ensure you check your junk mail use will be coming from email: [email protected] corn
F-
On Wed, Aug 23, 2023 at 3:22 PM Lonnie LuPardus <Jonnieltioardus@icloud corn> wrote:
Li1
2
Begin forwarded message:

0 From: Zachary Roberts <zroberts@oardnerkansas gp_v>

Subject RE: Pro Se Documents
Date: August 23, 2023 at 7:54:09 AM CDT
To: Lonnie LuPardus <[email protected]>
Cc: Ilene Spalding 4.epaldIngagardnerkansas goy> 'Nicholas o. Wright' <NWright@gardnerkansas ggy>

Mr. Lupardus,

Please complete the attached forms so we can complete your request The forms have been updated with the accurate information. I apologize the
previous forms were not up to date. As soon as we receive the completed attached forms we will complete the request and can usually have the
information available the same day. please indicate how you want to receive the information. As I apologized about before, we cannot
. Also
. . .
 aisseminate me repons oy email, out wouia gamy ao so oy man, tax, or in person.

Our goal is to get you the information you need as soon as we can.

Thank you.

Sergeant Zach Roberts #713

Administrative Sergeant
Field Training Coordinator
Gardner Police Department
16540 Moonlight Rd Gardner. KS 66030
P: 913.856.7312
F: 913.856.5733

zrobertseDgardnerkansas ggy
www.ciardnerkansas ggy

From: Lonnie LuPardus<[email protected]>

Sent: Tuesday, August 22, 2023 12:34 PM
To: Zachary Roberts <zroberts@gardnerkansas ggy>
Cc: Ilene Spalding <jsoaldi [email protected]">• Nicholas o. Wright <MAtglatarrardnerkarisas 92y>
Subject: Re: Pro Se Documents

Sergeant Roberts -

Thank you for your email I would like to clarify that my initial request submission already contains all the necessary and relevant information required for the processing of
my request. And given the inaccuracies in the forms
provided, I believe that repeating the information tea document that is not up to date would be redundant Therefore, I kindly request that my current submission be accepted
as complete and satisfactory for your processing purposes.

Signed,
DOCUMENTS SENT TO GARDNER KANSAS CHEIF OF P

6P-0-44.1

On Aug 22, 2023, at 12:18 PM, Zachary Roberts <7mherts/a)gagla.c_s_is

k n -,Q1> wrote:

Mr. Lupardus,

We have received your request for documents and want to get the request completed as soon as possible. Please complete the Pro Se
forms Ms. Spalding sent you previously and indicate how you would like to receive the documents. Unfortunately, our report
dissemination requirements prohibit us from emailing these documents. I am sorry for the inconvenience that may cause. We can fax
the documents, send them In the mail, or they can be picked up from the Gardner Justice Center

As soon as we received the above Information and documents, we can have the reports available or sent out the same day.

Please let me know if you have any further questions.

Sergeant Zech Roberts #713

Administrative Sergeant
Field Training Coordinator
Gardner Police Department
16540 Moonlignt Rd Gardner KS 66030
P: 913.856.7312
F: 913.856.5733

;robertsiMoardnerkansas goy
wwwmardnerkansaS ggy

From: Lonnie LuPardus <lonnielupardus@icloud corn>

Sent: Monday, August 21, 2023 2:35 PM
To: Ilene Spalding <isoalding@gardnerkansas ggy>
Subject: Re: Pro Se Documents

Request/Release and Payment submitted. Adobe acrobat shared link is Included below

Adobe Acrobat • Gardner PD Records

RoggpOcicaae-Pay.mcaLtali
perot:I^dObe

Lonnie LuPardus

On Aug 21, 2023, at 2:34 PM, Ilena Spalding <[email protected]> wrote

Thank you,
 liena Spalding
Records Specialist
Gardner Police Department
16540 Moonlight Road
Gardner, Kansas 66030
(913) 856-7312 Option #6
F) (913) 856-5733
rsoaldingeaardnerkansas.gar
www.gardnerkansas goi

<Outlook-1453494677.png>
CONFIDENTIALITY NOTICE -- This email is intended only for the person(s) named in the message header. Unless otherwise indicated, it
contains information that is confidential, privileged and/or exempt from disclosure under applicable law. If you have received this message
in error, please notify the sender of the error and delete the message. Thank you.

From: Lonnie LuPardus < [email protected]>

Sent: Monday, August 21, 2023 2:21 PM
To: Ilene Spalding eap.a=g2.gardnerkansas gi2s>
Subject: Re: Pro Se Documents

Your document isn't even accurate:

cScreensho1 2023-08-21 at 2.20.33 PM.png>

> On Aug 21, 2023, at 1:44 PM, Ilene Spalding <isoalding29ardnerkansas gp_v> wrote:

> <Personal Dissemination Record Request.docx>

<Self Representation Document I .docx><Personal Dissemination Record Requestdocx>
DOCUMENTS SENT TO GARDNER KANSAS CHE
 0
CITY OF GARDNER, KANSAS
*** CUSTOMER RECEIPT ***

Batch ID: GAKSIAS 8/24/23 01 Receipt no: 70978

Type SvcCd Description Amount

RPT REPORTS
Qty 1.00 $10.00
NCIDENT # 2301822
Trans number: 2002093
PRO SE: LONNIE LUPARDUS
,2301822
EMAIL CHECK # 66065
ALSO PROVIDED 2302131 AT NO
CHARGE

s ender detail
CK Ref#: 66065 $10.00
otal tendered: $10.00
4tota1 payment: $10.00

tr ans date: 8/24/23 Time: 11:45:23

*** THANK YOU FOR YOUR PAYMENT ***

23

11
0:
1.1.1
 INITIAL DELETE KANSAS STANDARD OFFENSE REPORT PAGE 1 of2
0 MODIFY ADD FRONT PAGE OPEN PUBLIC RECORD
NAME OF AGENCY KS AGENCY ORI NUMBER CASE NUMBER
F21 ON VIEW 111 DISPATCHED
. CITIZEN Gardner Police Department L KS0461200 2302131
DATE OFFENSE STARTED (MMDDCCYY) TIME (HHMM) DATE OFFENSE ENDED (MMDDCCYY) TIME (HHMM) DATE OF REPORT (MMDDCCYY)
I
N 07/17/2023 17:50 07/17/2023 17:55 _ 07/17/2023
I EXCEPTIONAL CLEARANCE DATE (MMDDCCYY) EXCEPTIONAL A. 111 DEATH OF OFFENDER B. II! PROSECUTION DENIED -- C. . EXTRADITION DENIED
D CLEARANCE D. 1111 VICTIM REFUSES TO TESTIFY E. •JUVENILE -NO CUSTODY N. 1E21 NOT APPLICABLE

7) E1 LOCATION OF OFFENSE REPORT AREA TIME REPORTED TIME ARRIVED TIME CLEARED
N
T 829 S CREEKSIDE DR, GARDNER, KS 66030 17:55 17:55 19:56
`N I
CHAPTER SECTION SUB 1 SUB 2
II ATTEMPTED 1_, AID/ABET CHAPTER SECTION SUB 1 SUB 2
• ATTEMPTED , AID /ABET
.. I. COMPLETED
L CONSPIRACY I COMPLETED
CONSPIRACY
_ SOLICITATION - SOLICITATION
...._
- DESCRIPTION DESCRIPTION
J-)
N INVEST - Outside Agency Arrest OD OF ENTRY
PREMISE # OF PREM HATE/BIAS CAMPUS CODE METHOD OF ENTRY PREMISE # OF PREM. HATE/BIAS fp:AMPUS:DODE., ,
F. . FORCE ; \\,.„ye. F. riFORCE
N. . NO FORCE NO FORCE
D 'S , • .N.
0 TYPE OF THEFT - TYPE OF FORCE / WEAPON TYPE OF THEFT - "TYPE OF FORCE / WEAPON
n_ Ki. COIN MACHINE E. EMBEZZLEMENT
VI.. FIREARM 111 AUTO
,
'LI
m fl COIN MACHINE
M. E. _ EMBF77I EMENT
FIREARMm
cc L._' B. FROM BUILDING T. ..... POSS. STOLEN PROP , 8. FROM BUILDING T. POSS. STOLEN1R., Op. NM AUTO
F A. MV PARTS 8 ACC. V. - MOTOR VEHICLE 12.9 HANDGUN •AUTO r k MV PARTS 8 ACC. v., MOTOR VEHICLE 12.0 HANDGUN m
in AUTO
1 F 13. RIFLE E AUTO F SHOPLIFTING ,F , THEFT FROM M V 13.0 RIFLE
L. SHOPLIFTING F. THEFT FROM M V IM AUTO
_I E p. POCKET-PICKING 0 . .'" ALL OTHER 14.R SHOTGUN E AUTO E p' POCKET-PICKING ''..,,1 ALL OTHER 14 E SHOTGUN im
D N s. PURSE SNATCHING N. NOT APPLICABLE
15 OTHER II AUTO
N s PURSE SNATCHING N. N NOT APPLICABLE 15 . OTHER
gi AUTO
m
in AUTO
_ .1 $ OFFENDER SUSPECTED OF USING (SELECT UP TO 3) FIREARM OFFENDER SUSPECTED OF USING (ESLECT UP TO 3) FIREARM
20. KNIFE / CUT INSTR. 20. in KNIFE I CUT INSTR.
0 E A. In ALCOHOL D. 11 DRUG / NARCOTICS A. III ALCOHOL '''' D. . DRUG /NARCOTICS
30. III BLUNT OBJECT so BLUNT OBJECT
C 1111 COMPUTER EQUIP. N. . NOT APPLICABLE „ o 111 COMPUTER EQUIP. N... E NOT APPLICABLE
- # 350 MOTOR VEHICLE g 35 MOTOR VEHICLE
TYPE OF CRIMINAL ACTIVITY (SELECT UP TO 3) 40.. PERSONAL WEAPON TYPE OF,CRIMINAL ACTIVITY (SELECT UP TO 3)
- 40.• PERSONAL WEAPON
D B. . BUYING! RECEIVING T. 111 TRANS/TRANSMIT
IMPORT
50.0 POISON El. 111 B ING / RECEIVING T. TRANS/TRANSMIT
IMPORT so• POISON
C. . CULT! MANU / PUBL U. 111 USING/CONSUMING 60. EXPLOSIVE c. cm i
PUBL u. III USING/CONSUMING 60 M EXPLOSIVE
D. M DIST / SELLING J. U JUVENILE GANG 65. 0 FIRE / INCID / DEVICE Di 4NG
DIST / SW,7 J. II JUVENILE GANG 65. in FIRE / INCID / DEVICE
E. III EXPLOIT. CHILDREN G. . OTHER GANG EXPLOIT. CHILDREN s. li OTHER GANG
70. DRUGS / NARC. 70. DRUGS / NARC.
.... (3. . OPEPJPROMOTE N. 111 NO GANG OPEWPROMOTE N. I. NO GANG
.0..) 85.• ASPHYXIATION oo. ASPHYXIATION
p. . OARS / CONCEAL.
INVOLVEMENT
go OTHER
P. fagsi CONCEAL
INVOLVEMENT
M OTHER
:f) LOCAL CODE gs.• UNKNOWN ,OCAL
, CODE
95.0 UNKNOWN
,<r!) gg. NONE gg. . NONE
Sl_N I I (.) CiAHUNLI I KAN

TY OF VICTIM VICTIM OF OFFENSE NUMBER

I INDIVIDUAL S. - SOCIETY/PUBLIC •- REL GIOUS ORGANIZATI.ON Ili OTHER
IN UNKNOWN 1. • 2. . 3. 0 4. M 5. 111 6. E 7. E 8. 9.N 10. .
a BUSINESS F. ...' FINANCIAL INSTITUTION G. '! ' GOVERNMENT,t4
NAME: LAST FIRST MIDDLE
'('.,
ADDRESS: STREET CITY STATE ZIP

,
*K--10-<

TELEPHONE NUMBER (HOME) RACE ' •SEX ETHNICITY RES. / N- RES. AGE DATE OF BIRTH (MMDDCCYY) HEIGHT WEIGHT HAIR EYES
..
,
DRIVERS LICENSE NUMBER DL STATE .EMPI(OYER / SCHOOL
A
4
TELEPHONE NUMBER (WORK/SCHOOL) ADDRESS:, STREET CITY STATE 412
les
. T

CIRCUM. AGG ASLT/BATTERY (MAX 2). VICTIMS RELATIONSHIP TO CORRESPONDING SUSPECT NUMBER (INDICATE ALL SUSPECTS) TYPE OF INJURY ( MAX 5)

1. . 3. 4. 5 6. 7. 8. 9. 10 . 4. 5.
7) NAME: LAST FIRST MIDDLE ADDRESS: STREET CITY STATE ZIP
t RP ';..
;
DC TELEPHONE NUMBER (HOME ) ' RACE SEX ETHNICITY RESIN- RES. AGE DATE OF BIRTH (MMDDCCYY) HEIGHT WEIGHT HAIR EYES

P w EMPLOYER/SCHOOL ADDRESS: STREET CITY STATE ZIP TELEPHONE NUMBER (WORKJSCHOOL)

7SI °
: )

0 p TYPE LOSS PROPERTY I DESCRIPTION / SUSPECTED DRUG TYPE ESTIMATED FRACTION TYPE DRUG VALUE DATE RECOVERED
DRUG CODE ! QUANTITY MEASURE
n R
0
P.

S
C
REPORTING OFFICER BADGE # DATE COPIES TO PROPERTY TOTAL

,L MAST, CASEY 20130 07/17/2023 0

 CRIMINAL INVESTIGATION RECORD / NOT AN OPEN PUBLIC RECORD
KS AGENCY ORI NUMBER CASE NUMBER i DATE OF REPORT (MMDDCCYY)
K50461200 2302131 1 07/17/2023
PAGE 2 of 2
INSTRUMENT USED FOR ENTRY: POINT OF ENTRY POINT OF EXIT PREMISE NEIGHBORHOOD
M 1. . KEY 5. U BOLT CUTTER 9, •THROWN OBJECT 9. . NOT APPLICABLE 9. NOT APPLICABLE R. . RURAL / FARM / AGRICULTURE
l' E 2. . PRY TOOL 6. •CHOPPING TOOL 10. ll OTHER 1 FRONT 2. • REAR i.0 FRONT 2. El REAR S. . SUBURBAN/RESIDENCE
11 T 3. •SAW / DRILL 7. VICE GRIPS 11. in NOT APPLICABLE 3. 11111SIDE 4. •ROOF 3. SIDE 4. ROOF B. . URBAN / BUSINESS / COMMERCIAL
I ' 4. •HAMMER 8. PHYSICAL FORCE U.. UNINHABITED
H SAFE ENTERED INCIDENT ACTIVITY
^0
-./ 1. • YES 3. 111 ATTEMPTED 5. 11 PEELED 7. Ill COMBINATION KNOWN G. . GANG RELATED S. III DRIVE BY SHOOTING
.,'JD 2. •NO 4. REMOVED 6. I EXPLODED 8. . NOT APPLICABLE C. • DOMESTIC VIOLENCE CHILDREN PRESENT J. CAR JACKING
0
...) D. •DOMESTIC VIOLENCE N. . NOT APPLICABLE
\I------
! NAME: LAST FIRST MIDDLE
E, - LUPARDUS LONNIE DAIL
,-
ADDRESS: STREET CITY STATE ZIP
829 S CREEKSIDE DR, GARDNER, KS 66030
TELEPHONE NUMBER (HOME) RACE SEX ETHNICITY RES. / N- RES.! AGE D.O.B. (MMDDCCYY) HOGHT WEIGHT • HAIR EYES
I •,, -
,S (Landline) (913) 912-2255 W M N R 32 09/10/1990 ' 145- t z 200 .°;- BRO . LU
• i j -BAP-COVER/SCHOOL ADDRESS: STREET CITY STATE ZIP TELEPtIONE NUMBER (WORK/SCHOOL)
OS
P MONIKERS/ALIAS
E ,
0 C ADDITIONAL SUSPECT DESCRIPTORS
r,

0
SUSPECT VEHICLE: MAKE YEAR MODEL COLOR VEHICLE STYLE

0
LICENSE NUMBER YEAR STATE - VEHICLE IDENTIFICATION NUMBER iITREa
•
,. ,.
_ FIRST MIDDLE
NAME: LAST

!ADDRESS: STREET CITY STATE ZIP

6
1 TELEPHONE NUMBER (HOME) RACE ',IRE GE on.a. (MMDOCCYY) HEIGHT WEIGHT HAIR EYES
•,, •,!
!... ,!:,
S 4-, /
U EMPLOYER/SCHOOL ADDRESS: STREETETHNICITY RES. I CITY STATE ZIP TELEPHONE NUMBER (WORK/SCHOOL)
S
D MONIKERS/ALIAS
1E
C ADDITIONAL SUSPECT DESCRIPTORS i.,
'T
II
SUSPECT VEHICLE: MAKE ' YEAR MODEL COLOR VEHICLE STYLE
..
!.! LICENSE NUMBER ,YEAR'' , STATE VEHICLE IDENTIFICATION NUMBER OTHER

VIDENCE INFORMATION !
1111 NONE II SUBMITTED RETAINED BY VICTIM li RETAINED BY OFFICER • RETAINED BY INVESTIGATIVE AGENCY . TRANSFER TO OTHER AGENCY
' . OTHER
DENCE OBTAINED
LATENT PRINTS
"" III • WEAPONS / TOOLS - SEXUAL ASSAULT KIT 0 STAINS 1111 SEMEN .11 DRUGS

3 . OTHER PRINTS
D IN OTHER
a PHOTOS • HAIR MI BLOOD 1.! DOCUMENTS 1111 ALCOHOL

I DENCE COLLECTOR LOCATION STORED

DESCRIBE BRIEFLY HOW OFFENSE WAS COMMITTED

See full Narrative on Incident Narrative Report

 17:1 INITIAL
El ADD
Ei MODIFY
DELETE KANSAS STANDARD ARREST REPORT PAGE 1 of 2
ADULT 1::1 JUVENILE El DOM VIOLENCE 0 RUNAWAY
NAME OF AGENCY KS AGENCY ORI NUMBER CASE NUMBER DATE OF ARREST TIME (HH:MM)

A Gardner Police Department KS0461200 2302131 07/17/2023 18:04

ARREST TRANSACTION NUMBER KBI NUMBER OTHER IDENTIFYING NUMBERS CAMPUS CODE

3046E2300737
TYPE OF ARREST: DON - VIEW 0 TAKEN INTO CUSTODY DISPOSITION OF JUVENILE ARREST OR RUNAWAY:
0 SUMMONED/CITED- NOT TAKEN INTO CUSTODY n RUNAWAY fl HANDLED IN DEPARTMENT 0 REFERRED TO OTHER AUTHORITIES
DATE
C\I ARREST/CONTACT LOCATION: WARRANT #

829 S CREEKSIDE DR GARDNER, KS 66030

ARRESTEE'S/RUNAWAY NAME LAST FIRST MIDDLE

LUPARDUS LONNIE DAIL

ALIASES - MONIKERS

ADDRESS STREET CITY STATE ZIP TELEPHONE NUMBER (HOME)

829 S CREEKSIDE DR, GARDNER, KS 66030 (Landline) (913) 912-2255

HEIGHT WEIGHT HAIR EYES " RACE SEX ETHNICITY RES / N- RES AGE D.O.B.(MMDDCCYY) PLACE OF BIRTH (STATE / COUNTRY)

5'10" 200 BRO BLU 32 09/10/1990 'Kansas USA

HAIR LENGTH HAIR STYLE FACIAL HAIR GLASSES TEETH EYE APPEARANCE COMPLEXION BUILD R - L HANDED SPEECH

SCARS - MARKS TATTOOS ARRESTEE WORE AP.PEARANCE

DRIVERS LICENSE NUMBER DL STATE SOCIAL SECURITY NUMBER EMPLOYER / SCHOOL

K02209605 KS 512044950
TELEPHONE NUMBER (WORIUSCHOOL) ADDRESS: STREET CITY STATE ZIP

ARRESTEE INJURIES MIRANDA:DATE TIME (HH:MM) BY ARREST APPROVED BY:

1#20079 WAGGONER, C.
ARRESTEE ARMED WITH ( MAXIMUM OF 2) i25j UNARMED ARRESOE BEHAVIOR (ALL APPLICABLE):

E
0 fl 0 00*
w
0 0
p
HANDGUN AUTO SHOTGUN AUTO RESISTED 1 1BIZARRE BEHAVIOR OTHER
RIFLE AUTO LETHAL CUTTING INSTRUMENT ErINKItiG,
, PROFANE SUICIDAL REMARKS
OTHER AUTO • CLUB/BLACKJACK/ KNUCKS INJURED:. LOUD COOPERATIVE

CASE NUMBER DATE OF INCIDENT STATE STATUTE VIOLATION OFFENSE WAS: CLEARANCE
2302131 07/17/2023'7 I. 22=2404 999 D ATTEMPTED INDICATOR:
DESCRIPTION COMPLETED
0 COUNT
cOnt itl.t- Agency W a 22404) o AID / ABET 19_ MULTIPLE
TYPE OF THEFT: L. SHOPLIFTING V. • MOTOR VEHICLE LOCAL CODE CONSPIRACY 1--1
j OUTSIDE AGENCY
M.lj COIN MACHINE P. POCKET- PICKING F. THEFT FRttI/M MV 0 SOLICITATION
B. FROM BUILDING S. PURSE SNATCHING O. • ALL OTHER,r'
ADDITIONAL CHARGES
A. M V PARTS & ACC. E. EMBEZZLEMENT N. NOT APPLICABLE
T. POSS. STOLEN PROP.
CASE NUMBER DATE OF INCIDENT STATE STATUTE VIOLATION OFFENSE WAS: CLEARANCE
17 ATTEMPTED INDICATOR:
•
DESCRIPTION 0 COMPLETED 0 COUNT
(r) AID/ABET 0 MULTIPLE
TYPE OF THEFT: LOCAL CODE
•COIN MACHINE
SHOPLIFTIRG
POCKET-PICKING
MOTOR VEHICLE
THEFT FROM MV
.1 1111
CONSPIRACY 0 OUTSIDE AGENCY
MN P. ▪ SOLICITATION
•
B. FROM BUILDING S. PURSE SNATCHING ALL OTHER
ADDITIONAL CHARGES
A. M V PARTS & ACC. -7 EMBEZZLEMENT NOT APPLICABLE
T. POSS. STOLEN PROP.
CASE NUMBER DATE OF INCIDENT STATE STATUTE VIOLATION OFFENSE WAS: CLEARANCE
O ATTEMPTED INDICATOR:
DESCRIPTION 0 COMPLETED ID COUNT

TYPE OF THEFT: LOCAL CODE

AID/ABET 0 MULTIPLE
SHOPLIFTING MOTOR VEHICLE
M. COIN MACHINE P. POCKET-PICKING
V.
F THEFT FROM MV
0
CONSPIRACY
SOLICITATION
0 OUTSIDE AGENCY
B. FROM BUILDING S. PURSE SNATCHING a ALL OTHER
A. MV PARTS ACC. EMBEZZLEMENT N. NOT APPLICABLE ADDITIONAL CHARGES
E.
T. POSS. STOLEN PROP.
VEHICLE YEAR MAKE MODEL STYLE COLOR VIN NUMBER LICENSE # STATE YEAR

TOWED BY DRIVER LOCATION OF KEYS LOCATION OF VEHICLE CONDITION

OWNER Last Fi st Middle ADDRESS: STREET CITY STATE ZIP

RELEASED TO: ADDRESS: STREET CITY STATE ZIP DATE TIME

OFFICER DATE COPIES TO: I SUPERVISING OFFICER

#20130 MAST, C. 07/17/2023 #20079 WAGGONER, C.
 KANSAS STANDARD ARREST REPORT PAGE 2 of 2
LAST NAME FIRST NAME MIDDLE ADDRESS: STREET CITY STATE ZIP

P
1 .WER I SCROM ADDRESS: STREET Ler, STATE Lir
R
E
N TELEPHONE NUMBER (HOME) I TELEPHONE NUMBER (WORK) TELEPHONE NUMBER (OTHER)
T 1
/
G LAST NAME FIRST NAME MIDDLE ADDRESS: STREET CITY STATE ZIP

EMPLOYER / SCHOOL ADDRESS: STREET CITY STATE ZIP

.P
TELEPHONE NUMBER (HOME) TELEPHONE NUMBER (WORK) TELEPHONE NUMBER (OTHER)

‘I

0 State of Kansas Johnson County, ss:

3
9 1, #20130 MAST, C. of lawful age, after first being duly sworn on oath, on inforrnation and belief states:
3
On 07/17/2023 at 1755 hours, I was contacted by Corporal Wagoneer to assist Olathe in locating Lonnie Lupardus. According to Olathe PD, Lonnie

;
I

R
had violated a Protection from Abuse(PFA).

Lonnie was arrested per Olathe's request at approximately 1804 hours.

Officer Winterscheidt with Olathe PD arrived on scene. Custody of Lonnie was transferred to Olathe-PD at approximately 1836 hours.
1 R
Nothing further to report.
T
I Gardner Police Department
V
E C.Mast 765
/
F
F

V
10, I
T

I VERIFY UNDER PENALTY OF PERJURY.THAT THE FOREGOING IS TRUE AND CORRECT.

Executed 17th Day Of. oJuly , 1

2023
:4— 1.,

X #20T10:1YIA ;Co
4 ,

EVIDENCE: "A IV
• LATENT PRINTS 1 STAINS • WEAPONS - TOOLS •_ DRUGS . SEXUAL ASSAULT KIT • NONE

al
/..
R OTHER PRINTS
HAIR
SUPPORTING DOCUMENTS: 4:
sKopp
1111, SEMEN .„fl
DOCUMENTS
PHOTOS

MEDICAL RELEASE
1 ALCOHOL MI, DNA

INCIDENT REPORT
• OTHER (LIST)

II NONE
El CUSTODY SLIP 5
L-P a COMMITMENT ORDER 5'JUDGE'S NOTES 61 SIX HOUR HOLD 5 1 EVIDENCE STORED El OTHER (LIST)
7 In COPY OF BOND 5 BODY RECEIPT 5 NTAS 1• , PRINTS PHOTO TAKEN
U TYPE OF RELEASE:
2 PAROLE BOND 5 COURT ORDER • NOTICE TO APPEAR NO CHARGE FILED E21 OTHER
Other law enforcement agency
D
) -RELEASING
- OFFICIAL / AUTHORITY
I
II
) #20130 MAST, C.
]R BAIL BOND AGENT BOND AMOUNT POSTED
E
L
E DATE OF RELEASE TIME (HH:MM) i' AUTHORITY
d A
s 07/17/2023 18:36 #20130 MAST, C.
E COMMENTS:
Release to Winterscheidt with Olathe PD.
 23CR02394
Div3

to COPY IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

CRIMINAL DEPARTMENT
DOCUMENTS SENT TO GARDNER KANSAS CH ::IF OF POLICE - AUGUST 25TH1 2023

STATE OF KANSAS,
Plaintiff,

VS. No.

LONNIE DAIL LUPARDUS,

Defendant.

AFFIDAVIT

Comes now the affiant, of lawful age, in support of a probable cause finding for the

detention of the defendant or the issuance of an arrest warrant, states as follows:

1. On 07/17/2023, Olathe Officer Winterscheidt was dispatched to the Olathe

Police Department in reference to a subject in the lobby reporting a violation of a no

contact order. Upon arrival Officer Winterscheidt met with the reporting party, Diana

Mielcarek who advised the following. She currently has an active protection from stalking

order against LONNIE DAIL LUPARDUS. Officer Winterscheidt note there is an active

criminal deprivation of property case involving LUPARDUS as the suspect and Diana 's

autistic son, Alex Katafias. !liana is Alex's legal guardian.

2. Due to LUPARDUS harassing Diana she filed and was granted a protection from

stalking order 06/02/2023 in Johnson County Case 23CV3088. They appeared in court

regarding the protection from stalking order on 06/16/2023 at which time the protection

order was extended until their next court date of 08/14/2023. The protection order strictly

states LUPARDUS is not to have contact with Diana in person, by phone, text or e-mail

message, any other social media, or any other way or manner. Diana advised Officer

Winterscheidt LUPARDUS is contacting her through e-mail regarding their upcoming

Clerk of the District Court, Johnson County Kansas

07/18/23 08:03am DC
 court date and LUPARDUS is representing himself in those court proceedings.

3. Maria showed Officer Winterscheidt several e-mails from LUPARDUS. All are

regarding court and are regarding topics such as subpoenas for court, notice of hearing

and requesting documents for the upcoming hearings. The e-mails appear to all be

professional in manner; however, the protection order clearly states LUPARDUS is not to

have contact with °liana through e-mail. Iliana currently resides in Florida but has been in

Olathe since 07/11/2023 staying with her other son and in a hotel in Olathe. Diana has

been back and forth between Florida and Olathe since May 19, 2023.

4. Officer Winterscheidt contacted Gardner Police Department and requested they

attempt contact with LUPARDUS. Officer Winterscheidt was contacted by dispatch who

UI advised Gardner Police were at LUPARDUS' residence and had him detained. Officer

Winterscheidt responded to the residence where she made contact with Officer Mast

Badge who had LUPARDUS detained in the rear passenger side of his patrol vehicle with

his hands cuffed behind his back. LUPARDUS stated he understood his Miranda Rights

and stated he didn't want to talk with Officer Winterscheidt. He then changed his mind

and stated he did want to talk to HER. When asking him if he sent !liana e-mails,

LUPARDUS advised he sent e-mails pertaining to their civil court case. Officer

Winterscheidt advised him the protection order clearly states he is not to have contact

with her through e-mail. LUPARDUS argued that Officer Winterscheidt was wrong and

was unwilling to listen to her further.

5. The above information was obtained from the reports of the Olathe Police

Department.

Clerk of the District Court, Johnson County Kansas

07/18/23 08:03am DC
 DECLARATION
I declare under the penalty of perjury that the foregoing is true and correct.

Executed by and on this date:

IS/ Sergeant D. Smith

Affiant Name

930 7/18/2023
Badge # and Date

Clerk of the District Court, Johnson County Kansas

07/18/23 08:03am DC
 4;
REVISED 1-2023

0:HUM
CI CO OF
COURT
P' THEDISTRICT COUNTY
JOHNSON
DEPARTMENT
ACTION
LIMITED 29 202e,i

Landmark Development Group

VS. Case No. 23LA02678

Division M4/Chapter 61
Lonnie D. Lupardus

NOTICE OF MOTION HEARING UNDER COVID-19 EMERGENCY OPERATIONS

The court will hold a hearing on the 6th day of July ,2023 at
11:00 o'clock am. on the Plaintiff/Defendant's Motion for
Approve Order to Stop Destruction/Disposal of Personal Property (insert name of motion) in
Division M4/Chapter 61 of the Johnson County Courthouse, 150 W. Santa Fe
St., Olathe, Kansas.

Per this Court's standing Order, all Hearings in Division M4/Chapter 61 Limited
Action cases are being held by Video Conference due to Covid-19 emergency
operations to restrict large gatherings in the Courthouse. You are scheduled to appear
ii in court on the date listed in this Notice.

*IMPORTANT NOTICE*
READ CAREFULLY
You will not appear in person on this date. Instead, you will appear by
video or telephone.

Prior to your court date you must do the following:

1. Call your attorney and he/she may appear for you unless otherwise directed.

2. If you do not have an attorney, you must appear by Video Conference.

Zoom.us is the web site for your computer or you can download the Zoom
App from your smartphone or tablet app store. Make sure you test your
video and audio. On the date and time of your hearing, you must appear
either; through the Zoom App using the Meeting ID:
Division M4 Meeting ID: 9137153348
Please make sure you are identified by your name; or
If you do not have Internet or have a srnartphone, you are required to
call in to the hearing by calling 1-346-248-7799 or 1-312-626-6799 and
enter Zoom Meeting ID: 9137153348.

3. You will not receive an "Invite" to the hearing as the Court does not have your
email address so you must follow the instructions above.

•
 REVISED 1-2023

4. When you sign into the Video Conference, you must enter your legal
name as it appears on the case caption above. Failure to do so will cause
further delays in the Court calling your case on your scheduled date.
CY)
C\J
C\1 5. Additional instructions on how to use Zoom are at:
httos://support.zoom.usihcien-usiarticles/206175806

L.0 6. If you need special help due to language or hearing issues, to make sure an
c\I
interpreter will be at your hearing you must email your name, case number,
(1) and spoken language immediately upon receipt of this Notice to either:
For an interpreter, email to: Dca-foreioninterpreter iocogov.orq
For sign language, email to: DCASigninterbAlocogov.orq

7. You need to log in no earlier than 5 minutes prior to the schedule

0
hearing time, nor later than 5 minutes after the scheduled hearing time.
0 Otherwise, to prevent a disruption of the proceedings, you will be
locked out of the hearing and unable to appear, and Judgment may be
0 entered against you. Please keep your microphone muted until your
case is called. You may be placed into a waiting room if necessary.
I.

8. If you admit that you owe the debt as set forth in the Motion, then if you want
you do not have to appear as the same result will occur, Judgment for the
relief requested in the Motion. You should contact the Plaintiffs attorney to try
and work out payment arrangements, but that is up to the parties.
Understand that not having the ability to pay is not a legal defense to
the claim.
The only possible exception is in a Petition for Forcible Detainer
(Landlord/Tenant Eviction case) possession of the premises may not be
granted to the Landlord if non-payment of the rent during the time that the
Kansas Governor's or the Federal Orders were/are in effect was due to loss
of income caused by a Covid-19 reason.

9. If you deny you owe the debt or the allegations in the Petition, then you must
appear.
Failure to appear for your hearing by video or by phone may result in a Judgment
being entered for the relief requested in the Petition and is not subject to the
suspension
of time limitations as set forth in the Supreme Courts current Administration
Order.

Marla Mielcarek for Alexander Katafias

Name:
REVISED 1-2023

Address:
City, State, Zip:
Telephone Number (Required): ?Iv -12,- 91.58
Email (Required): 71:Li—V64-42- 4) Y41Oo• 4,0MA
Attorney for Plaintiff or Defendant

CERTIFICATE OF SERVICE AND MAILING

I certify that on the .230,0 day of s.1.4..ve. , 202,j, I sent a true

copy of this Notice to:
MichaelSehilling,Aitomey@1321CentralAve,KansasCity,KS66105andLonnie D. Lupardus @ 829 Creekside Or, Gardner, KS 66030
(insert name and address) by depositing it in the United States mail, postage
prepaid.

Marla Mielcarek for Alexander Katafias

Name:
 to COPY 1
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
LIMITED ACTIONS

LANDMARK DEVELOPMENT GROUP

23LA02678
Chapter 61

V.

LONNIE DAIL LUPARDUS,

Er
• & ALL OTHER OCCUPANTS

SUPPLEMENTAL ENCH NOTE

The Court files this supplement to its bench note regarding a motion hearing
heard on July 6, 2023.
All appearances are as stated in the original bench note. All parties appeared
by Zoom.
The only matter properly noticed for hearing was a motion requesting an order
to stop Defendant. Lupardus from destroying personal property filed by Alex
Katafias, a non-party who represents he is an autistic adult.
In order to determine whether the Court has jurisdiction to even hear this
matter, the Court has reviewed the record in the case and other cases filed in Johnson
County, Kansas. Based on this review, the Court finds that Alex Katafias was at all
relevant times a resident of the premises involved in this case. In his motion, he
states that he had paid rent to Defendant Lupardus through the end of May, 2023 and
attaches receipts for those payments. Defendant Lupardus has confirmed this by
statements under pain of perjury made in Lupardus v. Katafias, 23CV2982, fi led in
the District Court of Johnson County, Kansas of which the Court takes judicial
notice. Therein he states: "Alex used to live with me in my home in Gardner. He
was evicted on May 19', 2023."

Clerk of the District Court, Johnson County Kansas

7/10/2023 08:12:22 TG
 Accordingly, the Court finds that Alex Katafias was and is in fact a defendant
in this action pursuant to Plaintiff's claim against all other occupants and is
substituted as a named defendant. The Clerk is requested to add his name to this
case. The Court has jurisdiction to hear his motion.
The Court asked counsel for Plaintiff to bring the Court up to date on the case.
Counsel stated, and the Court fi le reflects, a writ of restitution was filed and executed
on May 19, 2023. Shortly following the execution of the writ, Counsel became
aware that Defendant Katafias was claiming an interest in the property. Plaintiff
then settled with the Defendants and possession of the property was returned to the
Defendants on May 23"1, 2023. Counsel affirmed that this re-delivery was intended
apply to all Defendants, including Defentant Katafias who at that time was known
to Plaintiff as a party in possession. Accordingly, the Court hereby sets aside the
judgment for possession entered in this case as to all Defendants and fi nds, as far as
this case is concerned, that all Defendants are now entitled to possession of the
property with all the rights that entails including the right of peaceful entry.
As to the merits of Defendant Katafias' motion, he is requesting an order to
stop Defendant Lupardus from destroying his personal property. The Court
overrules this motion as this claim is not properly raised in such a motion and should
be maintained in a separate suit if in fact his property has been destroyed or
wrongfully retained. The Court simply cannot deem this motion a cross-claim due
to the manner in which it was styled and pled.
Counsel for Plaintiff is requested to prepare and circulate for signature a
Journal Entry incorporating these findings.

Ralph E. Lewis, II, Judge Pro-Tern

July 9, 2023

Clerk of the District Court. Johnson County Kansas

7/10/2023 08:12:22 TO
 EXHIBIT
23LA02678

COPY LI Div M4

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

LIMITED ACTIONS

LANDMARK DEVELOPMENT
GROUP, LLC.,

Plaintiff,

VS. Case No. 23LA02678

LONNIE DAIL LUPARDUS, Chapter No. 61

& ALL OTHER OCCUPANTS

Defendants.

JOURNAL ENTRY OVERRULING DEFENDANT, ALEX KATAFIAS' MOTION FOR

AN ORDER TO STOP DESTRUCTION AND/OR DISPOSAL OF PERSONAL
PROPERTY

NOW, Defendant, Alex Katafias', Motion for an Order to Stop Destruction and/or Disposal

of Personal Property comes before the Court for hearing. Plaintiff, Landmark Development

Group, LLC., appears by its attorney, Michael J. Schilling of Schilling Law, LLC. Defendant,

Lonnie Dail Lupardus, appears in person pro se. Defendant Alex Katafias appears by his Power of

Attorney, Iliana Mielcarek. All parties appear by Zoom.

The Court has jurisdiction over Defendant, Alex Katafias. The Court finds that Defendant,

Lupardus confirmed Defendant Katafias residence in the premises and that good service was

obtained by Plaintiff when 'All Other Occupants' were served. The Court further finds that while

had obtained judgment for possession against all Defendants and the writ of restitution had been

served, Plaintiff voluntarily returned possession to all Defendants on May 23', 2023. Accordingly,

the Court hereby finds that all Defendants are now entitled to possession of the property with all

the rights that entails including the right of peaceful entry.

Clerk of the District Court, Johnson County Kansas

07/11/23 09:02am NC
 WHEREUPON the Court having reviewed Defendant's Motion and heard the argument of

the parties overrules Defendant, Katafias', Motion as improper finding that Defendant, Alex

Katafias' would need to raise such claims in a separate action.

IT IS ORDERED AND ADJUDGED that Motion for an Order to Stop Destruction

and/or Disposal of Personal Property is overruled.

IT IS SO ORDERED.

/s/ JOHN MCENTEE

Dated: 07/11/23

JUDGE

Submitted and approved by:

/s/ Michael .1. Schilling
Michael J. Schilling, KS #26892
SCHILLING LAW, LLC
1321 Central Avenue
Kansas City, KS 66102
913-353-4021
913-353-6538 — Fax
fl ike1SCiThflg1aVhc.COrfl

ATTORNEY FOR PLAINTIFF

Clerk of the District Court, Johnson County Kansas

07/11/23 09:02am NC
 EXHIBIT

El COPY 14
IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
23CV03088
DivM4
OF POLICE= AUGUST 26TH 12023

RANA MIELCAREK, Plaintiff

vs. Case No. 23CV3088

LONNIE LUPARDUS, Defendant

JUDGMENT OF DENIAL OF PROTECTION FROM STALKING ORDER

On this date, AUGUST 14, 2023, after hearing, the court finds:

JBM Plaintiff appears: XX in person; with Counsel,

JBM Defendant appears: in person; with Counsel,

The court hears evidence and denies the request for a Final Protection from Stalking Order for the following reasons:

t-tt Lack of personal jurisdiction because:

Lack of subject matter jurisdiction because:

JBM Lack of proof of the allegations by a preponderance of the evidence because the actions complained of are not

stalking as defined by the statute.

The court denies this request for a Final Protection from Stalking Order and vacates any ex parte or other orders issued

in this case.

IT IS SO ORDERED. /s/ JOHN MCENTEE

Dated: 08/14/23

JUDGE OF THE DISTRICT COURT

PRAECIPE/REQUEST FOR SERVICE

To the Sheriff of Service on Chief Law Enforcement Officer:

County, serve Defendant at:
CONFIDENTIAL PD
**SERVED BY EMAIL**

Clerk of the District Court, Johnson County Kansas

08/14/23 01:13pm ST
 EXHIBIT

10 COPY
Terren Masters
829 Creekside Drive
Gardner, KS 66030
[email protected]

July 26th, 2023

Olathe Police Department

501 E. Old 56 Highway
Olathe, KS 66061

Subject: Complaint against Officer Winterscheidt and Sergeant D. Smith

Dear Olathe Kansas Chief of Police,

I am writing this formal complaint to bring to your attention a deeply concerning and distressing

incident involving Officer Winterscheidt and Sergeant Smith, which has resulted in a grave

miscarriage of justice. The actions taken by these officers have caused significant harm to an

innocent individual, Mr. LuPardus, due to their wrongful interpretation and handling of a

complaint filed by Iliana Meircarek.

On July 17th, 2023 Iliana Meircarek made a baseless and false complaint against Mr. LuPardus,

mere hours after he had obtained a judgment in his favor in a case involving her son Alex Katafias.

The complaint alleged a violation of a protection from stalking order, claiming that Mr. LuPardus

had breached the order by contacting her. However, it is crucial to highlight that the alleged

communication merely consisted of court-related documents, which was acknowledged by

affidavit signed by Sergeant D. Smith, that all communications between LuPardus and Meircarek

are professional in manner and are only court related issues, which is explicitly exempted from the

restrictions set forth in K.S.A.60-31a06: (g) A no contact or restraining provision in a protective

order issued pursuant to this section shall not be construed to prevent:

 (I) Contact between the attorneys representing the parties;
OF POLICE - AUGUST 25TH, 2023

(2) a party from appearing at a scheduled court or administrative hearing; or

(3) a defendant or defendant's' attorney from sending the plaintiff copies of any legal pleadings

filed in court relating to civil or criminal matters presently relevant to the plaintiff"

Contrary to the clear provisions of K.S.A.60-31a06, Officer Winterscheidt and Sergeant Smith

failed to interpret the law accurately. This resulted in Mr. LuPardus being wrongfully arrested

and held for (2) days, subjected him to severe restrictions, including 11 days of house arrest,

where he was denied the freedom to leave his home, subjected to drug tests, and was required to

seek permission for any movement he needed to do. The unnecessary humiliation of Mr.
0 LuPardus by parading him in handcuffs outside his home and the physical injury he endured

when denied access to his shoes only compounds the injustice of this situation.

cr
Furthermore, Mr. LuPardus' treatment is a direct violation of his rights as stated in the protective

order and the law. K.S.A.60-31a06 explicitly states that a protective order does not prevent

contact between attorneys representing the parties, appearances at court or administrative

0
hearings, or the defendant or defendant's attorney from sending the plaintiff copies of any legal

pleadings relevant to the plaintiffs civil or criminal matters.

It is apparent that Officer Winterscheidt and Sergeant Smith failed to uphold their duty to
2
accurately interpret and apply the law. Their actions have caused LuPardus severe harm, causing
0
emotional distress, financial loss, and physical injury. Such misconduct and disregard for the

rights of individuals erode public trust in law enforcement and the justice system as a whole.

Therefore, I urge the Olathe Police Department to conduct a thorough investigation into the

conduct of Officer Winterscheidt and Sergeant Smith in handling this case. I request that

appropriate disciplinary actions be taken against these officers for their negligence and misuse of

authority. Additionally, I seek a formal acknowledgment of the wrongful arrest and treatment

along with a written apology.

It is imperative that steps be taken to prevent similar incidents from occurring in the future. I

trust that the Olathe Police Department will treat this matter with the utmost seriousness and

ensure that justice is served.

Thank you for your attention to this grave matter. I anticipate a prompt response and resolution

to this complaint.

Sincerely,

/s/ Terren Masters

On behalf of Lonnie LuPardus
 23CR02394
Div3

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS

STATE OF KANSAS,
Plaintiff,

VS. COMPLAINT No.

LONNIE DAIL LUPARDUS,

Defendant.

STATE OF KANSAS, JOHNSON COUNTY, ss:

I, Samantha K. Shannon, Assistant District Attorney of said County, upon

information and belief, state under oath to the court that

LONNIE DAIL LUPARDUS

did the following:

Count I: That on or about the 17th day of July 2023, in the County of Johnson, State of
Kansas LONNIE DAIL LUPARDUS did then and there unlawfully, willfully and knowingly
violate a protection from stalking order issued pursuant to K.S.A. 60-31a05, 60-31a06, a
class A person misdemeanor, in violation of K.S.A. 21-5924 and K.S.A. 21-6602(a)(1).
(violation of a protective order)
I declare under penalty of perjury that the foregoing is true and correct.
Executed by and on this date.
/s/ SAMANTHA SHANNON
Dated: 07/18/23

Samantha K. Shannon/dmh #23850

Assistant District Attorney
150 W. Santa Fe St., 3 rd Floor
Olathe, Kansas 66061
(913)715-3000
WITNESSES:
Officer Angela Winterscheidt
!liana Mielcarek*
Alex Katafias

Clerk of the District Court, Johnson County Kansas

07/18/23 08:0.3am DC
 IN THE DISTRICT COURT OF JOHNSON COLTNTY, KANSAS
Criminal Department

State of Kansas
Vs.
LONNIE DAIL LUPARDUS, Defendant

INITIATION OF ACTION

Offense(s) Alleged:
21-5924 VIOL OF PROTECTION ORDER

_X_ The Court finds from the complaint and affidavit that there is probable cause to believe
both that a crime has been committed in Johnson County, Kansas and that the defendant
committed the same.

Defendant's bond is set at $3,500 cash or surety with the following conditions:

ELECTRONIC MONITORING
NO USE OF ILLEGAL DRUGS OR CONTROLLED SUBSTANCES/SUBM1T TO TESTING
WHEN DIRECTED BY COURT
NO ALCOHOL
NO FIREARMS
NO CONTACT WITH VICTIM(S)/WITNESSES, THEIR RESIDENCE/ EMPLOYMENT FOR
72 HOURS, THEN NO VIOLENT CONTACT AFTER 72 HOURS HAS EXPIRED
NO CONTACT VICTIM(S)/WITNESSES, THEIR RESIDENCE/ EMPLOYMENT
WHETHER OR NOT THEY POST BOND
MENTAL HEALTH EVALUATION PRIOR TO BONDING
FOLLOW MENTAL HEALTH RECOMMENDATIONS INCLUDING TAKING OF
MEDICATION AS PRESCRIBED
POCUMMIS StNT TO

/s/ JOHN MCENTEE

07/18/23
Judge of the District Court

Clerk of the District Court, Johnson County Kansas

07/18/23 08:03am DC
 EXHIBIT

42%

Lonnie LuPardus 23CV03088

829 Creekside Drive DIV M2
Gardner, KS 66030
(913)912 2255
"Mad tII1L

IN THE DISTRICT COURT OF KANSAS, COUNTY OF JOHNSON

Iliana Mielcarek Case NO: 23CV3088

Petitioner Hon. Judge Robert Scott
Division: M2
&.
Lonnie LuPardus
Respondent Submitted to Court:
6/5/2023
Pursuant to K.S.A. Chapter 60

MOTION TO DISMISS

NOW COMES Lonnie LuPardus ("LuPardus")pro se respondent against petitioner Iliana

Mielcarek ("Mielcarek") respectfully requesting an order from the court dismissing the malicious

action filed by the Petitioner on June 5th, 2023 against the Respondent for Lack of Jurisdiction, failure

to comply with requirements under K.S.A. 60-301a, and for submission of false claims to a Court of

Law as follows:

I. The Plaintiff, Mielcarek. is not a resident of' Kansas, therefore this court lacks

jurisdiction and venue is not proper.

2. Plaintiff has failed to prove that any alleged harassment has occurred and failed to

comply with K.S.A. 60-301a by listing alleged harassment for matters pertaining to

pending legal matters, which is barred from any relief or claims of harassment in the

State of Kansas.

3. Petition has a history of submitting false claims to the court, which is verified by

affidavit and attached to this motion.

1
 4. Petitioner has a history of alcoholism, which also includes family history of illegal drug
S CI=EF OF POLICE = AUGUST NTH, Mg

use and mental health issues, including a history of violence.

PARTIES AND JURISDICTION

I. Petitioner is a resident of the State of Florida in the county of Escambia, with an

address of 9970 Pandion Trail, Pensacola, Florida 32507. Petitioner is not a resident of

Kansas, where this action has been filed.

2. Respondent is a resident of the State of Kansas in the county of Johnson, with an

address of 829 Creekside Drive Gardner, KS 66030.

3. Jurisdiction and Venue are not proper in this court as the Petitioner is a non-Kansas

resident, who's citizenship is in the State of Florida in the county of Escambia. This

court lacks jurisdiction as the Plaintiff is not a citizen for which the court would have

jurisdiction.
DOCt IMENTS SENT TO GARDNER

FAILURE TI COMPLY WITH K.S.A. 60-301a

4. In order to qualify for relief under K.S.A. 60-301 a, Plaintiff has the burden to prove

that (2) occurrences of stalking, harassing or communicating occurred that placed

Plaintiff in fear of harm and that were without a legitimate purpose. Petitioner has

failed to provide any evidence justifying any claims of relief this or any court could

grant.

5. While Plaintiff has attempted to cherry pick bits and pieces of communications between

the parties to boost her malicious agenda. Respondent has provided the court with this

request all text between the parties in their entirety, to demonstrate that Petitioner is

2
 attempting to mislead the court with her false statements of non-existent threats

(Exhibit I).

6. Petitioner, whom has also verbally stated in front of witnesses which has been verified

by affidavit (Exhibit 4) has a history of manipulating the courts by claiming false

claims of abuse in an attempt to boost her legal standings and gain sympathy from the

court, as Petitioner admitted in the presence of witnessed at a 2022 dinner party that she

falsely filed a former protection from abuse order against her former ex-husband, which

were false and only filed to increase her standing in court. Again, this has been verified

by affidavit in Exhibit 2. Respondent is attempting to retrieve the internal home

security video recording of the Petitioner admitting to this, and will be presented once

found to the courts and the district attorney for any potential criminal charges.

7. Petitioner is also manipulating situations by citing topics that would mislead any

reasonable judge to assume protection may be needed by not properly asserting the

cited situation; for example: Petitioner claims she was only attempting to "get her

autistic son Alexs' belongings... " Alex Katafias, whom is 28 years of age, and was

formerly a tenant to the respondent, whom Petitioner not (2) months ago threatened to

make homeless (Exhibit 1 - Page) as she had previously been the guarantor of a lease

signed between Katafias and Respondent; lived with the Respondent since July 2022;

recent events outside of the Respondents control required he and Katafias seek housing

over the weekend while another matter was resolved. Petitioner felt the need to

intervene, which caused more issues for the attorney the respondent had hired (a

primary subject matter of the Petitioners alleged harassment claims), and relationships

between the parties broke down and have moved forward in a legal sense. This entire

3
 petition was filed as a response to the action the Respondent filed in court on May 26th,

2023, seeking protection against Katafias after his whos Mother (the Petitioner in this

action) had sent a party of (5) unknown people to the Respondents home unannounced

in an attempt to forcibly and unlawfully enter the Respondents home to retrieve

property of Katafias. (Exhibit 3 - 5) Respondent filed a protection order against

Katafias since he was the sole individual who held a contract with Respondent, but as

always, Judge Scott of the District Court ruled against LuPardus has he has done every

single time protection is sought. and then granted it to the other party who sought it

against the Respondent, which is always dismissed by Judge Scott after the first

hearing. Petitioners' statements of harassment are false and are made only to boost her

own malicious agenda. In the text between the parties (Exhibit 1) which Respondent

has included in their entirety to showcase that communication between the parties had

been concerning pending legal matters only, which is exempt from any restraining order

as long as it serves a genuine purpose, the court will see that Petitioner has mislead

them with her cherry picked sections and fictional story of harassment to misguide the
-
-2
dL
court and has maliciously and wrongfully sought for protection that was not needed or
.'.1\if7FTV SAE'
I.

ever justified.

8. Additionally, the 2nd alleged occurrence Petitioner presented as "harassment" did not

occur in the State of Kansas nor was the statement harassment. The Petitioner never

requested Respondent communicate with any other party prior, and Respondent was

relaying information concerning the pending legal matter between the parties as

required by law.

4
 9. Also, Respondent brings to the attention of the court that Petitioner has a history of

alcoholism having received several DUI's in the past (one including driving under the

influence with a child in the vehicle), has family history of illegal drug use and mental

health issues, which are primarily the contributing factor to her "high anxiety, raised

blood pressure, and alleged nose bleeds;" none of which were caused by the

Respondent as Petitioner maliciously tried to assert. Petitioner also has admitted she has

a history of violence as demonstrated below. "...because I'd get all up in hisface. I'm

little but I pack a punch. He knows when I get pissed, watch out. -Petitioner discussing

how she treats her autistic son [emphasis added]: (Exhibit I - Page 6)

I don't blame you Lonnie. You've been

great and I appreciate you. I don't
know why he's acting this way, he's
always been pretty passive.

Let me know. Thank you

it
II 1• P I M.• •

.11 II I i'

11 ' it tit_ .1 ,

. .• I I. . r. I .
(1,11 . 4.1, 11 ...I 7 . II' 1.1! 'a •••I

• Ct. t• I •• it •I•
I. ..• • •• • .01 I il

Oh boy, I'm his Mom so he was very

careful because I'd get all up in his
face. I'm little but I pack a punch!

He knows when I get pissed, watch

out!

5
 REOUEST FOR DISMISSAL / DAMAGES / SANCTIONS

For the foregoing reasons, the Respondent, having provided the clear record of communication

between the parties, showing that the petition does not meet the requirements under K.S.A. 60-301a,

therefore respectfully requests that this Court:

A. Enter a dismissal of this petition filed by the Petitioner;

B. Enter a judgment against Petitioner for damages caused by Petitioner against Respondent;

C. Enter sanctions against Petitioner for the malicious filing of this action'

D. Grant a sum of reasonable attorney fees to Respondent whom had to seek out legal advice

concerning this matter;

E. Any other relief that the court deems appropriate.

Respectfully,
I
frld/Li e
829 Creekside Drive
Gardner KS 66030

CERTIFICATE OF SERVICE

I submitted this document to the clerks of the district court and submitted a true copy to the
attorney referenced below on Jun 7, 2023 at 1:45PM

Respectfully,

6
t - '

(,vfrt te Z2 rqg
829 Creekside Drive
Gardner KS 66030

EXHIBITS:

1. Entire communication history between parties.

2. Verified affidavit of Petitioner false submission of protection order.
3. Video of parties sent to Respondents home by Petitioner in an attempt to forcibly and
unlawfully enter Respondents home. !y in-
tut )s: 011111.110 , 1 d-\811/t0Po
4. Communication of Petitioner contacting Respondents partner Terren Masters

5. Video of parties sent to Respondents home by Petitioner in an attempt to forcibly and

unlawfully enter Respondents home. our: .

6. Entire video of parties at residence: hups://‘outu.be'o7lKl_z-31-11