HomeMy WebLinkAbout07-7545LYUBOV N. KHARLAMOVA,
Plaintiff
V.
MIKHAIL VASEEV,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - I AW
NO. 0 7- 7SY
CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is Lyubov N. Kharlamova who resides at 3 Wayne Circle, Camp Hill,
SAIDIS,
FLOWER &
LINDSAY
.u?ot?ys.,vuw
26 West High Street
Carlisle, PA
Cumberland County, Pennsylvania, otherwise known as Mother.
2. Defendant is Mikhail Vaseev whose last known address is 521 West Main
Street, Hummelstown, Pennsylvania, otherwise known as Father.
3. Plaintiff seeks custody of the following child: Sophia Mikhail Vaseeva born
September 30, 1999, age: eight years.
The child was not born out of wedlock.
The child is presently in the custody of Father whose last known address is 521 West
Main Street, Hummelstown, Pennsylvania.
During the past five years, the child has resided with the following persons and at the
following addresses:
Name Address Dates
Lyubov N. Kharlamova and 38 Stefan Street, Camp Hill, Pennsylvania Sept. 2002 until
Mikhail Vaseev Sept. 2003
Lyubov N. Kharlamova and 4 Marshall Road, Camp Hill, Pennsylvania Sept. 2003 until
Mikhail Vaseev Sept. 2004
Lyubov N. Kharlamova and 38 Stefan Street, Camp Hill, Pennsylvania Sept. 2004 until
Mikhail Vaseev Sept. 2005
Lyubov N. Kharlamova 1121 Columbus Avenue, Lemoyne, PA Sept. 2005 until
Sept. 2006
Lyubov N. Kharlamova 3 Wayne Circle, Camp Hill, PA Sept. 2006 to the
present
Jok
The mother of the child is Lyubov N. Kharlamova, currently residing at 3 Wayne
Circle, Camp Hill, Pennsylvania.
She is divorced.
The father of the child is Mikhail Vaseev, currently residing at an address unknown.
He is divorced.
4. The relationship of Plaintiff to the child is that of Mother. Mother currently
resides with no other person.
5. The relationship of Defendant to the child is that of Father. Father currently
resides with persons unknown.
6. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting
the relief requested because:
a. Since the parties' separation in 2005, Mother has been the child's
primary care giver.
FLOWER &
LIlVDSAY
n .uW
26 West High Street
Carlisle, PA
b. Prior to the parties' separation, the child witnessed abuse by the
Father against the Mother.
C. Father has left the United States with the child and taken her to Russia
and has not advised Mother of Father's whereabouts.
d. On November 27, 2007, Father failed to appear for sentencing on a
conviction for a second offense DUI and aggravated assault. A bench warrant is
issued for Father's arrest.
e. Mother can best provide for the child's spiritual, physical and emotional
welfare.
WHEREFORE, Plaintiff requests the Court to grant legal and primary physical
custody of the child.
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsayh' i u'ire
Supreme Cou ID o. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
Dated: j2//?la 7
FLOWER &
I.IlVDSAY
26 West High Street
Carlisle, PA
I
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
r?
Lyubov N. Kharlamova
Date:
SAMIS,
FLOWER &
LINDSAY
?:uw
26 West High Street
Carlisle, PA
4,.
wy ?
Iv q
tAJ
c7
J C?
LYUBOV N. KHARLAMOVA,
Plaintiff
V.
MIKHAIL VASEEV,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes Lyubov N. Kharlamova by and through her counsel, Saidis, Flower
& Lindsay and petitions this Honorable Court as follows:
1. Petitioner is Lyubov N. Kharlamova, born April 13, 1977 in the Ukraine who
resides at 3 Wayne Circle, Camp Hill, Cumberland County, Pennsylvania. Petitioner is a
legal resident of the United States having been born in the USSR and having resided in the
United States of America since December 19, 2000. She possesses a permanent resident
card, a copy of which is attached hereto as Exhibit "A".
2. Respondent resided in the United States since approximately 2003 until on or
about November 27, 2007.
3. The parties are parents of a child, Sophia Mikhail Vaseeva born September
30, 1999 in Russia.
4. The parties were married in Russia, but Petitioner and her family of origin
were permitted to emigrate to the United States in 2000.
5. Petitioner worked in the United States for approximately three years in order
FLOWER ?
LINDSAY
ATIC)@$YS•AT ww
26 West High Street
Carlisle, PA
to bring her husband at the time, Respondent, and their child to the United States, in 2004.
6. In 2005, a Protection from Abuse Order was entered protecting Petitioner
when the parties separated. At the time of the separation, the child lived with Petitioner and
continued to live with Petitioner until October 21, 2007.
7. The parties divorced on October 10, 2007, but entered into no Marital
Settlement Agreement nor was a Custody Order entered.
A
8. During the period of their separation, Respondent was arrested for a second
offense DUI and charged with aggravated assault.
9. Respondent was seeing the child on alternating weekends but on or about
October 21, 2007, Respondent refused to return the child after the weekend visit. When
Petitioner located Respondent by cell phone, he advised that he and the child were in
Russia. He invited Petitioner to come to Russia because the child's visa had expired and the
child could not return to the United States without the visa.
10. On November 5, 2007, Petitioner flew to Russia and provided the money to
obtain a new visa for her daughter. During that trip, Respondent would not let her have time
alone with the child. Further, after taking the money to obtain the visa, Respondent advised
Petitioner that the visa had not been granted. Petitioner returned to the United States
without the child on November 11, 2007.
11. Respondent was scheduled for sentencing on the DUI and aggravated assault
conviction. The sentencing was set for November 27, 2007. On November 24, 2007, upon
information and belief, Respondent returned to the United States, ostensibly to attend
sentencing, leaving the child behind in Russia with his parents.
12. On November 27, 2007, Respondent failed to appear for sentencing and a
bench warrant was issued for his arrest.
13. Petitioner did not know where Respondent was living since he had not
SAMIS,
FLOWER &
LUNDSAY
26 West High Street
Carlisle, PA
returned to his former apartment.
14. On or about December 1, 2007, a cell phone call to Respondent revealed
information that he had, once again, returned to Russia.
15. District Attorney David Freed has commenced extradition proceedings.
16. Petitioner has enlisted the support of staff at Arlen Specter's Harrisburg office
to arrange a "humanitarian parole" which will permit the child to leave Russia.
:I
17. The staff at Arlen Specter's office have advised that a Custody Order would
be of assistance in obtaining the return of the child from Russia.
18. On the same date as the date of filing of the instant Petition, Petitioner filed a
Complaint for Custody, a copy of which is attached hereto as Exhibit "B".
19. Petitioner believes and therefore avers that she cannot locate Respondent in
Russia in order to serve him a copy of the Complaint for Custody which she has filed, or this
Petition, even if service could be obtained by an international accord since she does not
know Respondent's whereabouts.
20. Petitioner seeks leave of court to serve Respondent with a copy of the
Complaint for Custody by publication since his whereabouts are unknown.
21. Petitioner also seeks a temporary Custody Order pending a conciliation
conference.
22. Respondent is not available to agree or disagree with the relief requested in
this Petition.
23. No Judge has been assigned to the case previously.
WHEREFORE, Petitioner prays this Honorable Court to enter a temporary Custody
Order providing to Petitioner physical and legal custody of Sophia Mikhal Vaseev and leave
to serve by publication Defendant in the above captioned case and the Respondent in this
Petition.
SAIDIS, FLOWER & LINDSAY
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
? t
Carol J. Lindsay; quire
Supreme Co I o. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
Dated: 12-1 / V 7
1
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
SAIDIS,
FLOWER &
LINDSAY
.n:uw
26 West High Street
Carlisle, PA
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
AEI
Lyubov N. Khar amova
Date: /GP//-//07
O
C
c
_
ca;
O
LYBOV N. KHARLAMOVA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MIKHAIL VASEEV
DEFENDANT
2007-7545 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, December 26, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at _ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 24, 2008 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
61 :1 WJ LZ 330 LQQZ
AbViQli',OHi"Ocd 3HI da
LYUBOV N. KHARLAMOVA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MIKHAIL VASEEV,
Defendant
CIVIL ACTION - LAW
NO. 07-7545 CIVIL TERM
IN RE: PETITION FOR EMERGENCY RELIEF
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 27th day of December, 2007, upon consideration of
Plaintiff's Petition for Emergency Relief, with respect to the parties' child, Sophia
Mikhail Vaseeva (date of birth September 30, 1999), it is ordered and directed as
follows:
1. A hearing on the petition is scheduled for Wednesday,
February 13, 2008, at 2:30 p.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania;
2. Notice of the petition, complaint for custody and
conciliation conference, and hearing may be served upon
Defendant by
a. Any manner authorized by Pennsylvania
Rule of Civil Procedure 1930.4; provided, that
"certified mail" in this context shall be the
Russian equivalent thereof; or
b. By publication once in a newspaper of
general circulation in the city in Russia where
Defendant's parents live and priority mail
addressed to Defendant at his parents' home in
Russia, said service by mail to be deemed
complete ten days after mailing;
Pq 3,4
C £ 3 ! IN $Z 330 LOOZ
A8VIQ!!N0`Hl U`-ld
DI:J'L}-G- lu
3. Pending the hearing and further order of court, legal
custody of the child shall be shared by the parties;
4. Pending the hearing and further order of court, physical
custody of the child shall be shared by the parties on an
alternating monthly basis, from the fifteenth of one month, at
7:00 p.m., to the fifteenth of the next month, at 7:00 p.m., with
Plaintiff's first period of custody to commence on January 15,
2008, at 7:00 p.m. It shall be the responsibility of the party
yielding physical custody to provide transportation for the
child to the residence of the party receiving custody and to
procure any necessary governmental approvals for the travel.
5. Pending the hearing and further order of court, neither
party shall secrete the location of the child from the other
party.
Nothing herein is intended to preclude the parties from deviating from the
terms of this order by mutual agreement. Either party may petition for a
modification of this order in the event that it is disobeyed by the other party.
BY THE COURT,
J/" '-, 0/
J Wesley Oi?r, Jr.,
Carol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
Mikhail Vaseev
521 West Main Street
Hummelstown, PA 17036
Defendant, pro Se
l..Gy? l S mlk I LL
j
/21??07
_" I
LYUBOV N. KHARLAMOVA,
Plaintiff
V.
MIKHAIL VASEEV,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-7545 CIVIL TERM
CUSTODY
PETITION FOR CONTINUANCE AND MODIFICATION OF ORDER
AND NOW, comes Lyubov N. Kharlamova, by and through her counsel, Saidis,
Flower & Lindsay, and petitions this Honorable Court as follows:
1. Petitioner is Lyubov N. Kharlamova who resides at 3 Wayne Circle, Camp Hill,
Cumberland County, Pennsylvania and who is a permanent resident of the United States,
born in the USSR.
2. Respondent Mikhail Vaseev lived in this country from 2003 until about
November 27, 2007 when he left the United States and returned to Russia.
3. The parties are parents of a child, Sophia Mikhail Vaseeva, born September
30, 1999 in Russia.
4. On or about October 21, 2007, Respondent took the parties' child, Sophia
Mikhail Vaseeva, to Russia without Petitioner's knowledge or agreement. He has refused to
provide not only his address, but the location of the child.
5. On December 17, 2007, Petitioner filed a Complaint for Custody and a Petition
SAIDIS,
FLOWER &
LESIDSAY
ATFOEWMATUAW
26 West High Street
Carlisle, PA
for Emergency Relief seeking temporary custody of the child pending a hearing.
6. The conciliation conference was scheduled for January 24, 2008, but was
continued because Petitioner could not serve Respondent.
7. The hearing on the Petition for Emergency Relief is scheduled for February
13, 2008 at 2:30 PM in Courtroom 1 of the Courthouse in Cumberland County, Pennsylvania.
8. On December 27, 2007, this Court entered an Order on the Petition for
Emergency Relief scheduling the hearing thereon and providing that service of both the
Complaint and the Petition for Emergency Relief could be made by any manner authorized
by Pennsylvania Rule of Civil Procedure 1930.4 or by publication in a newspaper of general
circulation in the city in Russia where Respondent's parents live and priority mail addressed
to Defendant at his parents' home in Russia.
9. Petitioner attempted personal service on Respondent by providing copies of
the relevant Court Order to a third party in Russia, the parties' former minister, in hopes that
the minister would pass on the documents and sign an Affidavit of Service. Petitioner has
been unable to effect personal service.
10. Although service by publication is possible, the Court's Order of December 27,
2007 requires that concurrent with service by publication, Respondent be served by priority
mail addressed to Respondent at his parents' home in Russia. Since Respondent refuses to
provide the address where he and the child are residing with his mother and, apparently,
other relatives, Petitioner cannot comply with the service requirement in the Order of
December 27, 2007.
11. Petitioner seeks the right to serve Respondent by publication without the
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
additional requirement of service by priority mail addressed to Respondent at his parents'
home. Pennsylvania Rule of Civil Procedure 430(b)(1) permits service by publication
without an attempt at service by mail.
12. Through the efforts of Arlen Specter's office, Petitioner has been able to
obtain a "humanitarian parole", a document which in lieu of a visa will provide to Petitioner's
child the right to live in the United States for a period of one year.
13. Petitioner requests a temporary Order extending custody of Sophia Mikhail
Vaseeva in Plaintiff pending a hearing in the matter.
WHEREFORE, Petitioner prays this Honorable Court to order service by publication
of the Complaint for Custody and the Petition for Emergency Relief and an Order extending
her primary physical custody of Sophia Mikhail Vaseeva, born September 30, 1999 until a
scheduled date for a hearing on the Petition for Emergency Relief.
SAIDIS, FLOWER & LINDSAY
1
Carol J. Linds quire
Supreme Co No. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
/1 O
Dated: 7I
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
Lyubov N. Kharlamova
Date: ) - V - U ?
4^
SAMIS,
LINDSAY
26 West High Street
Carlisle, PA
i
IT)
I
{
LYUBOV N. KHARLAMOVA,
Plaintiff
V.
MIKHAIL VASEEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-7545 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of February, 2008, upon consideration of the
attached letter from Plaintiff's counsel Carol J. Lindsay, Esq., and the hearing
scheduled for February 13, 2008, having not been held at counsel's request due to
problems associated with compliance with the court's prior order of December 27,
2007, concerning service, it is ordered and directed as follows:
1. The hearing previously scheduled for February 13, 2008,
on Plaintiff's Petition for Emergency Relief is rescheduled for
Thursday, April 17, 2008, at 11:00 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania;
2. Notice of the petition, complaint for custody and
conciliation conference, and hearing may be served upon
Defendant by priority mail to the United States, Russian and
Ukrainian addresses referred to in the attached letter, service to
be deemed complete fifteen days from the date of mailing;
proof of service shall be filed of record by Plaintiff/Petitioner's
counsel;
3. The temporary custodial terms of the order dated
December 27, 2007, shall remain in full force and effect.
BY THE COURT,
Carol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
C?
Wesley Old, fill
C?oPy m??ls
GS : ','J 6 3 IJ 9001
I
i 02/25/2008 11:09 7172436510 SAIDIS FLOWER & LIND PAGE 01/02
JOHN E. STIKE
ROBERT C. SAIDIS
JAMES D. FLOWER IR
CAROL J. LINDSAY
TORN B, LAMFI
MICHAEL L. SOLOMON
GEORGE F. DOUGLAS, T17
DEAN E. REYNOSA
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENDAUGH
Via Facsimile: (717) 240-6462
The Honorable J. Wesley Oler, Jr.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
February 25, 2008
Re; Lyubov Kharlamova v. Mikhail Vaseev
No. 07-7545 - Civil Term
Dear Judge Oler,
CAMP HILL OFkT?P_
2709 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737.405
FACSIMILE, (717)737-.3407
REPLY TO CARLISLE
I am in receipt of your request for a clarification of the last known address for Mihkail
Vaseev in the above captioned case. Some history is in order. The parties in tHis case met in
the Ukraine and moved together to St. Petersburg where their child was born.
After Lyubov immigrated to the United States with her family of origin, Mfr. Vaseev and
the parties' child moved back to the Ukraine with his parents until Lyubov could save enough
money to bring the two of them to the United States. My client tells me that his dfficial address
remained in St. Petersburg although he was actually living in the Ukraine with his parents during
this period of time.
i
In 2003, Mr. Vaseev and the parties' child joined my client in this country. The parties
separated in March 2007 and divorced on October 10, 2007. After separation, Mr. Vaseev had
an apartment at 521 West Main Street, Hummelstown, Pennsylvania 170$6 until he left the
United States on November 5, 2007.
After that time, we do not have an address for Mr. Vaseev. He went to Moscow where
his sister was living and where his mother apparently joined him and his sister;at an address
which he will not reveal.
Therefore, we have a last known address in the United States and t? o last known
addresses from prior to 2003, one in the Ukraine, and one in St. Petersburg.
i
I have asked my client to provide me mai ing labels for the St. Petersburg address and
the Ukraine address and to provide those labels both in English and in Russiao. I enclose a
copy of the four mailing labels provided. I would be happy to attempt service of Mr. Vaseev at
the two addresses, about which we know. I have checked with the post office land must mail
letters overseas with an English address, but the post office tells me that I can 6dd a Russian
address to assist in delivery overseas. Hence, the two mailing labels for each address.
LAW OFEICES
SAIDIS, FLOWER &t LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE., PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222-'.FACSIMILE: (717) 243-6486
EMAIL: attorney@sfl-Iaw.com
www.stl-lilw.com
1 0025/2008 11:09 7172436510 SAIDIS FLOWER & LIND PAGE 02/02
The Honorable J. Wesley Oler, Jr.
February 25, 2008
Page 2
I hope this explanation helps in the fashioning of the Order. If, at any time, you wish to
take my client's testimony in this regard, of course, we would be pleased to appe*r. Thank you
very much for your assistance.
Very truly yours,
SA
CJUbes
cc: Lyubov Kharlamova
Cs
1 02/22/2008 15:55 7172436510 SAIDIS FLOWER & LIND PAGE 03/04
I
N
.il
?N
S.AIDIS, FLONVER & LINMAY
Ar• v M AT•I.AW
26 West High Street
Carlisle, PA 17013
TO: /L
Dc?vjcc e-o 4-sk Q 0?r(c)
kle Q vn(' 4 60 a# /I
?.
i?rol
SAIDIS, FLOWER & L0,MSAY
AT f'I NAYti-AT-LA'W
26 Weir High Strcct
Carlisle, PA 17013
TO:
a4-
2 Jr•
?
c/
?? (/ ?L11 lq.L
PRINTING & ENGRANANC
1-800-776.7682
www.tv"l®pArAng,com
'YMAk1
PRINTING & ENGRA*v
1-800.776-7682
www.f L4Meprinfing,cc
02/22/2008 15:55 7172436510 SAIDIS FLOWER & LIND
,L
4
AI L
'ION
r\
?IL
ON
SA,MM FLOWER 6? LXI%MSAY
A T pJdp%AisLnw
26 West High Street
Culisle, FA 17013
TO:
Ike
SAIDIS. FLOWER 6L LUSTOSAY
26 West High. Street
Carlisle, PA 17013
To: rasP.eV /`?'!!(HAIL
caiN? - pleiel2S&;r
C-?p z??2rVr Q /D a??Jf
Y07-
MA
PRINTING & EN
1-800-776-
PRINTING & ENGRA'
I-800-776-7682
PAGE 04/04
i
i
i
LYUBOV N. KHARLAMOVA,
Plaintiff
V. :
MIKHAIL VASEEV,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-7545 CIVIL TERM
CUSTODY
AFFIDAVIT OF SERVICE
I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and
says that on April 1, 2008, 1 served true and correct copies the Complaint for Custody,
Petition for Emergency Relief, an Order setting a conciliation for April 16, 2008 and an Order
on our Emergency Relief Petition for April 17, 2008, upon Defendant Mikhail Vaseev, by
mailing those documents to the following addresses by priority mail:
Mikhail Vaseev
Saint - Petersburg
Glazyrnia 10 Apt. 35
Russia
Vaseeva Nayla
Marevpol
Donyeatskia (State)
Keyavskia 60 Apt. 14
87557
Ukraine
SAIDIS,
FLONVER &
Lpq]Dsm
26 West High Street
Carlisle, PA
Dated: Lq f (G S
Respectfully submitted,
SAIDIS, FLOWER
Y
Carol J. Lindsay;
Attorney Id. 44§Z
26 West High Stree
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
A.
CARLISLE MPO
CARLISLE, Pennsylvania
170132935
434870013 -0095
2008 (800)275-8777 09:36:05 AM
Sales Receipt
ct Sale Unit Final
ption Oty Price Price
$18.50
oz.
act to content limitations,
age on this article includes up
;61.28 in coverage for lops or
.age .
;oms Form 0: CP486419827US
comer Postage -$18.50
)total: $0.00
Ue PV1: $0.00
IfIf, $18.50
FIO RIS,&
LINDSAY
26 West High Street
Carlisle, PA
'0 oz.
),ject to content limitations,
tape on this article includes up
$61.28 in coverage for loss or
rage.
atoms Form p: CP486419813US
stomer Postage -$18.5(
ubtotal: $0.0(
sue PVI: $0.0(
al: $0.0+
d by:
Jar stamps at USPS.com/shop or call
300-Stamp24. Go to USPS.com/clicknship
print shipping labels with postagge.
r other information call 1-800-AS1(-USPS
1* 1000403123879
ark: 07
All sales final on stamps and postage
Refunds for guaranteed services only.
Thank you for your business.
CWWWWWWWWWWWWWWWxWWWWWWWWWWWWWWWWWWWWWW
rWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
HELP US SERVE YOU BETTER
Go to: http://gx.gallup.com/pos
TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
YOUR OPINION COUNTS
:WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWY
?WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW>
A.
SAIDIS,
FLOWER &
LENDSAY
26 West High Street
Carlisle, PA
t
T
a ?}
Z U • -c3
fA
so
CO
of
aw??
a
U. •P's
0 w
R
_ c
C?
V tC
c
N `7n?i f°
"Z
V >' ?a
EA to
m
CO E
o-
?
r
A 1=
43
CL
V
41
°
7 ! g GV G?
? c
?
LL
o E
v; m m 0)
- Z c
o
o p
cY E E Z o
? }
0 (D CO
LL ,
I
U (L
d
`
?
? O o y o U o
m Nv
o:. ' 11 F
.S C
S E N m m N
Q
N C 0 O y 0 m m
m 2 E W
U?
?Z
~
?
m _
c Su(a 2 dOL?
G1 N (/j > N Q' Z U
m r ? j '?
0
L
N
?
0
„1 H
d ? 3
N c
O C v
v U 8
r
v 2
C
e o
w Z
$
c
c m
_
.. L ' 7
D
tTJ ?0
C M
E
2)
_ w CO
?a i
o ? i+
E E
m
'a
N -c Z d
05
c U ai i4 c
4 U E E U o
° Q
)
U
1 O N m
ca
r
.. .. „ y
0
c
Ln N -
d
U
m c
N
E
$ > >
12 $
E O C
C
t p
? _
M
` N
y
E m
z c
° a C7 D Ci
? ?? YYY
3
LY
?
co
Z
N
C
O
r V
?C
m
N
-0 c
m
c _
C i1
Z
£ •
m'
j 8 $ co YU
u of O ' 0211
: JL U
w
c
,,
ppg
n
CO)
D
S2
47
Z
O
N
a
SAIDIS,
FLOWER
LP DSAY
26 West High Street
Carlisle, PA
z 4
co
CL g
a
w
}V?? c
$6L
Z
r
a:i Z
a
ru E
43 Ir S
r-l
..D
IL
v
s {? 801
c C: ,
10
in C
c v LL
E
rn C Y ? ? ? wi C
j
aN -• m k
0 Z
O X73
U. F
r
W
U a
o
C`ayi
yaia?
U
7 7 o
0
G m
LL
. o
tL to
2
F" o ro
9 N N
to
c -d y
A
E
o O
o
0
c L "
_ "
C
Q
j N
t
o
j
2 ?Euio,m
U ?? vOC
8
'd i
r L
r > y
m C
CL a
L ?
1' C
_3
L
Z
z
5
?
Ci
y
v 2
x w
O
w ?
++ Fi c
a
.. N N N
- c c m
v `m ? O
t
c
?
t
N
Z"
m
a
d
C
a E N
t/? •?
N Z t
m z° ?c9
A
CJ
E 3 e
m
U
in U o N
_ Li U -O y
1
CO
c
c
c
c
c
m N
o, .
y
l0 O
C
..
t Cn M
V
C ?.
m Z O
a ? ^
?.1 L. ?. .N.
?g
N N T N N N e
`. v E
9 G C
N 7 e 2:1 O C
7
O O C
O G
O
9 Z
0)
0
to m td c U V
O
¢ m a U
v
0
woj? of o V
It
i
m
I
I
a I
i
I
?j
M)
O
v
g
0
0
Z
N
a
o?
N
O
iD
a
' r.a
C
1
:.7
? II
LYUBOV N. KHARLAMOVA,
Plaintiff
V.
MIKHAIL VASEEV,
Defendant
AFFIDAVIT OF SERVICE
I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and
says that on March 11, 2008, 1 served true and correct copies the Complaint for Custody,
Petition for Emergency Relief, an Order setting a conciliation for April 16, 2008 and an Order
on our Emergency Relief Petition for April 17, 2008, upon Defendant Mikhail Vaseev, by
mailing those documents to the following addresses by registered mail:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-7545 CIVIL TERM
CUSTODY
Mikhail Vaseev
Saint - Petersburg
Glazyrnia 10 Apt. 35
Russia
Vaseeva Nayla
Marevpol
Donyeatskia (State)
Keyavskia 60 Apt. 14
87557
Ukraine
SAIDIS,
LINDSAY
26 West High Street
Carlisle, PA
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsay, E uire
Attorney Id. 4
26 West High Street
Carlisle, PA 17013
!/ (717) 243-6222
Dated: ?? 3l/08 Counsel for Plaintiff
Registered No- RA175975511US
Reg. Fee
Handling
Charge
Postage
E
0
V 6 Received by
T
Fm
Customer M
Full Value $
• Return
Receipt
Restricted
Delivery
Dioar
Date Stamp
?,1S1.E, A
iyT/T/11/0
?U?I rv
Domestic Insurance up include
based upon the declared value,_Intermafional
Indemnity is limited. (See Reverse).
17013
`o O
u-
I
mom
c
c -Vey-
UA Ukraine
m a o
~ W _
1
PS Form 3806,_ 1 Co y 1 - Customer
'tor Regis e
May 2007 (7530 rf fly Reverse)
22
For domes ,
deli i n, visit ou e m
Registered N / ?Ovlk Date Stamp
l
Reg. Fee ` ?p
Handling
v Charge
C Return. ' 7
Receipt ? f
Postage
E
1
0 1 Restricted
Delivery
11
d 0 Received by a;
om
Customer Mus eclare Domestic Insurance up to $25,000 is included
Full Value based upon the declared value. International
Indemnity is limited. (See Reverse).
.,
U X
AV a
p
/t
26 NN u o
W
S
aft
l G 5
m d 0
~ W
~
I
Q !
PS Form , Receipt for stered Mail copy 1 - customer
May 2007 (7530-02-000-9051) (See Information on Reverse)
For domestic delivery information, visit our website at www.usps.com
CARLISLE NPO
CARLISLE, Pennsylvania
170132935
4134870013 -0098
3/11/2008 (800)275-8777 03:04:03
Sales Receipt
oduct Sale Unit Fin
ycription Qty Price Pri,
raine - First-Class $4
c'1
40 oz.
.Iturn Receipt $2.
Igistered $10.
Isured Value : $0.00
-title Value : $0.00
.bel #: RA175975511US
trstomer Postage -$18.`
subtotal: $0.
,sue PVI: $0.
sia - First-Class $4.
'1
60 oz.
turn Receipt $2.
gistered $10.
sured Value $0.00
title Value $0.00
bel #: RA17597550SUS
stomer Postage -$18.
ubtotal: $0.
iiiii
sue PVI: $0.
sl : $0.1
i by:
,:r stamps at USPS.com/shop or call
l0-Stamp24. Go to USPS,.com/clicknshilt
print shipping labels with postage.
other information call 1-800-ASK-USP;
1#: 1000203354948
-k: 12
All sales final on stamps and postage.
Iefunds for guaranteed services only.
Thank you for your business.
.ww*,t**ww**w,t*aaw**w*www,twwaw*ww,twww,t
rwwwwt**ww,w*ww,rwww*w*v,a*wwww,tw,raw*aa
HELP US SERVE YOU BETTER
Go to: http://gx.gallup.com/pos
TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
YOUR OPINION COUNTS
ww,twww*,r,t*ww,v*,t*ww,rww*,?w*aw*w***w,tww
www*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww
Customer Copy
f-', h.,?
t_? ? ? '?
E_q `i'
i<.
?I ;±.".
r ? . ?i a._f_7
r...w
fv
., ?'.:'1
..r .S?" :):J
C:: --.;
LYUBOV N. KHARLAMOVA, IN THE COURT OF COMMON PLEAS OF'
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
MIKHAIL VASSEV, NO. 07-7545 CIVIL TERM
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 17th day of April, 2008, upon
consideration of Plaintiff's Petition for Emergency Relief and
following a hearing held on this date, the Petition is granted to
the extent that with respect to the parties' child, Sophia Mikael
Vaseev (date of birth September 30, 1999), legal and physical
custody are awarded to the child's mother, the Plaintiff, Lyubov N.
Kharlamova, pending further order of Court.
The custody conciliator in this matter is requested to
provide an order to the Court scheduling a hearing on the
underlying complaint for custody with respect to the child.
By the Court,
zrol J. Lindsay, EsquirE
26 West High Street
Carlisle, pa 17013 J
For the Plaintiff
Mikhail Vaseev
Saint - Petersburg
Glazyrnia 10 Apt. 35
Russia
Vaseeva Nayla
Marevpol
Donyeatskia (State)
Keyavskia 60 Apt. 14
87557
Ukraine
ly
/I-\ (A ,Ie 4,#,,* it11?I
pcb
Al
c- s .6 "1" 1 z NY LUR
0#7.7,515
CARLISLE MPO
CARLISLE, Pennsylvania
170132935
4134870013 -0096
04/21/2008 (800)275-8777 09:47:04 AM
Sales Receipt
Product Sale Unit Final
Description Qty Price Price
Ukraine - First-Class $0.90
Int'l
0.30 oz.
Issue PVI: $0.90
Russia - First-Class $0.90
Int'i
0.30 oz.
Issue PVI: $0.90
Forever 1 $8.20 $8.20
Stamp
Booklet
Total: $10.00
Paid by.
Cash $20.00
Change Due: -$10.00
Order stamps at USPS.com/shop or call
1-800-Stamp24. Go to USPS.com/clicknship
to print shipping labels with postage.
For other information call 1-800-ASK-USPS.
Bill: 1000403150187
Clerk: 07
All sales final on stamps and postage.
Refunds for guaranteed services only.
Thank you for your business.
WWWWW7CWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
HELP US SERVE YOU BETTER
Go to: http://gx.gallup.com/pos
TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
YOUR OPINION COUNTS
YfWWWWWWWICW7CWWWW7CWWWWWWWYl7k W 7CW W'kW WYfWWWW7(WW
WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW
Customer Copy
fee 2 5 zooe0 /
LYUBOV N. KHARLAMOVA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 07-7545 CIVIL ACTION LAW
MIKHAIL VASEEV
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 2 7) ? day of w , 2008, upon
consideration of the attached Custody Conciliation Report, it i order 4d and directed as follows:
A Hearing is scheduled in Court Room No. / of the Cumberland County
Courthouse on the /8?e4 day of , 2008, at %30 o'clock a- m., at which
time testimony will be taken. For p oses of the hearing, the Mother, Lyubov N. Kharlamova, shall
be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties
shall file with the Court and opposing counsel a memorandum setting forth each party's position on
custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date.
cc: `Carol J. Lindsay, Esquire - Counsel for Mother
```Mikhail Vaseev, Father
tfZ.S M a`tl
cop
-v?a4?os
BY THE COURT,
v .av
Z :11 IrIN 6Z ?]dv 8801 j :j
,,,. = -F H
LYUBOV N. KHARLAMOVA
Plaintiff
vs.
MIKHAIL VASEEV
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-7545 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
Sophia Mikhail Vaseeva
DATE OF BIRTH
September 30, 1999
2. The Mother filed this Complaint for Custody, seeking custody of the parties' Child, with
whom the Father has left the country without the Mother's consent. The custody conciliation
conference in this matter was rescheduled to April 16, 2008, to enable the Mother's counsel to obtain
service of the Complaint and Notice of the conference upon the Father by publication pursuant to an
Order entered by this Court.
3. The Mother, Lyubov N. Kharlamova, is represented by Carol J. Lindsay, Esquire in this
matter. The Father, Mikhail Vaseev, has not had an attorney enter an appearance on his behalf, nor has
counsel contacted the conciliator on the Father's behalf.
4. The Father neither appeared for the conference nor contacted the conciliator's office.
5. The Mother's Complaint for Custody alleges that the Father took the Child to Russia without
notice and has not advised the Mother of his or the Child's whereabouts. The Mother also indicates
that she had been the Child's primary caregiver since the parties' separation in 2005. The Mother
seeks primary physical and legal custody of the Child.
6. Pursuant to the direction of the Court, the conciliator submits an Order in the form as
attached scheduling a hearing in this matter.
C) C)
Date Dawn S. Sunday, Esquire
Custody Conciliator
f
LYUBOV N. KHARLAMOVA, IN THE COURT OF COMMON PLEAS OF.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
MIKHAIL VASSEV, NO. 07-7545 CIVIL TERM
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 18th day of June, 2008, upon
consideration of Plaintiff's Complaint for Custody with respect to
the parties' child, Sophia Mikael Vaseev (date of birth September
30, 1999), and following a hearing held on this date, it is ordered
and directed as follows:
1. Legal and physical custody of Sophia Mikael Vaseev
is awarded to Plaintiff, the mother, Lyubov N. Kharlamova;
2. Defendant, the father, Mikhail Vaseev, shall have
temporary or partial physical custody of the child at such times as
the parties mutually agree, in writing;
3. Defendant, the father, Mikhail Vaseev, is ordered
and directed (a) to immediately disclose the precise location of
the child to Plaintiff, the mother, Lyubov N. Kharlamova; (b) to
hereafter refrain from secreting the location of the child from the
mother at any time; and (c) to immediately return the child to
Plaintiff at Plaintiff's residence in Cumberland County,
Pennsylvania, United States.
By the Court,
J. Wesley r, Jr., J.
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
For the Plaintiff
Mikhail Vaseev
Glazyrnia 10 Apt. 35
Saint - Petersburg
Russia
Vaseeva Nayla
Mareupol
Donyeatskia (State)
Keyavskia 60 Apt. 14
87557
Ukraine
pcb
co ES ?? t cl? b J. Otez-s) 4" plt-c-
&/1 49108
? r-a
c
t t"l . ? "L'? {?'?
?. _t? ?,?
?
t,,
-
t
?• ? .. ?x? f'?
? i"$'?
_
?r
C ?r
?.
LYUBOV N. KHARLAMOVA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
MIKHAIL VASSEV, NO. 07-7545 CIVIL TERM
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 18th day of June, 2008, pursuant to a
motion of Plaintiff's counsel, Carol J. Lindsay, Esquire, the
record from the hearing held in this matter on April 17, 2008, is
incorporated herein.
By the Court,
r
Al
J Wesley 1 r, Jr., J.
rCarol J. Lindsay, Esquire
26 West High Street J
Carlisle, pa 17013
For the Plaintiff
Mikhail Vaseev
Glazyrnia 10 Apt. 35
Saint - Petersburg
Russia
Vaseeva Nayla
Mareupol
Donyeatskia (State)
Keyavskia 60 Apt. 14
87557
Ukraine
f ,vvj e I
pcb
9 0 :6 WV 6 1 nr 0001
A if s^w # ?_:?d 3HI JCS