HomeMy WebLinkAbout08-2533LIOUBOV AVADIAEVA,
Plaintiff
V.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
: NO. 08- a 5a3 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE, A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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.
LIOUBOV AVADIAEVA,
Plaintiff
V.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
:NO. 08- d 123 CIVIL TERM
DIVORCE UNDER 23 Pa.C.S. 4§3301(a)(6), (c) AND 3301(d) OF THE DIVORCE CODE
The plaintiff, Lioubov Avadiaeva, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
1. Plaintiff is LIOUBOV AVADIAEVA, who currently resides at 5A Richland Lane,
Apartment T2, Camp Hill, 17011, Cumberland County, Pennsylvania since 1999.
2. Defendant is Roman S. Avadiaev, who currently resides at Cumberland County
Prison, 1100 Claremont Road, Carlisle, 17013, Cumberland County, Pennsylvania since March
7, 2008.
3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 4, 1993 in Russia.
5. Plaintiff and Defendant have lived separate and apart since March 6, 2008.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Defendant has committed indignities against the innocent and injured Plaintiff so as
to render Plaintiff s condition intolerable and life burdemsome.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Takara S. Strong
Certified Legal Intern
A ONALD-
Supervis g Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in the foregoing complaint are true and correct, to the
best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification
to authorities.
Date
Plaintiff _ -Z ?,
Lioubov Avadiaeva
C? ?J
? _?
=;a
? i'-
` ?? - t
; l' _?,
.J ?l ??
N
--? ? ???
'?,?
- . :?
. :,7
l$:i --C:
LIOUBOV AVADIAEVA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
ROMAN AVADIAEV,
Defendant : NO. 08- a2533 CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Lioubov Avadiaeva, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies
that we believe the party is unable to pay the costs and that we are providing free legal service to
the party.
Date
Respectfully submitted,
Takara S. Strong
Certified Legal Intern
Attorney for the Plaintiff
Supervising
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
r-?
r?
f
M }?{?
-r: ?,?''
??.-- _?_
'-f ?_..
??
? ?
?.•t y'
d4.%
LIOUBOV AVADIAEVA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW IN DIVORCE
ROMAN S. AVADIAEV,
Defendant : NO. 08- 2533 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Linda Carver, hereby certify that I personally served a true and correct copy of the
Divorce Complaint, on Roman S. Avadiaev, at: the Cumberland County Prison located at 1100
Claremont Road, Carlisle, PA, 17013, at f in. on April 29, 2008.
I verify that the statements made in this Affidavit of Service are true and correct to the
best of my personal knowledge and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
Date:
Linda Carver
Lioubov Avadiaeva, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION-LAW IN DIVORCE
Roman Avadiaev,
Defendant NO. 08 - 2533 CIVIL TERM
MOTION FOR APPOINTMENT OF MASTER
Lioubov Avadiaeva, Plaintiff, through her counsel, the Family Law Clinic, moves the
court to appoint a Master with respect to the following claims:
(X) Divorce () Distribution of Property
O Annulment O Support
() Alimony () Counsel Fees
() Alimony Pendente Lite () Costs and Expenses
Plaintiff, in support of the motion, states:
1. Plaintiff filed for divorce on April 21, 2008 under §§ 3301(a)(6), (c) and (d) of the
Divorce Code.
2. Plaintiff wishes to proceed under § 3301(a)(6) of the Divorce Code.
3. Plaintiff's divorce complaint alleges that Defendant has committed indignities against
Plaintiff which has made Plaintiff s life burdensome.
4. Defendant was served with the Divorce Complaint on May 2, 2008.
5. A hearing is expected to take two hours.
6. Defendant is not represented by legal counsel in this matter; therefore, concurrence of
counsel was not sought.
7. No judge has been previously assigned to this matter.
WHEREFORE, Plaintiff requests that a master be appointed to hear the indignities claim.
(V I I ol C? 0-"? Z',?
Date Angel Bradley
Certified Legal Intern
e
Anne Mac nald-Fox
Supervis' Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Fax 717-243-3639
s ue
,,,
Z2
?'y
A
JUN 112008
Lioubov Avadiaeva, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION-LAW IN DIVORCE
Roman Avadiaev,
Defendant : NO. 08 - 2533 CIVIL TERM
ORDER APPOINTING MASTER
AND NOW, this 1 Oday of , 2008, Robert Elicker, Esquire, is
appointed master with respect to the foll 'ng claim: Divorce.
By e Court J.
GJ C y
0
N
Lioubov Avadiaeva, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
Roman Avadiaev,
Defendant : NO. 08 - 2533 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April 21,
2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit 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
falsification to authorities.
Date *0
Lioubov Avadiaeva, Plaintiff
- Fi
X71
Lioubov Avadiaeva, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
Roman Avadiaev,
Defendant : NO. 08 - 2533 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit 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
falsification to authorities.
Date 0?/"/01P -/
11 Lioubov Avadiaeva, Plaintiff
e ?' ?'?;
...
;
r
??
'"?.:-
?
_
?'•.
?' y
Lioubov Avadiaeva, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
Roman Avadiaev,
Defendant : NO. 08 - 2533 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Victor Davidson, hereby certify that I attempted to personally serve a true and correct
copy of the Notice of Hearing and Order, on Roman S. Avadiaev at: Cumberland County Prison
located at 1100 Claremont Road, Carlisle, PA 17013 at 3:30 p.m. on October 7, 2008. Mr.
Avadiaev refused to accept service of the Notice of Hearing and Order.
I verify that the statements made in this Affidavit of Service are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
Date: l0
Victor Davidson
Certified Legal Intern
t ?
;?f
LIOUBOV AVADIAEVA,
Plaintiff
v.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 08-2533 CIVIL TERM
PETITION FOR LEAVE TO AMEND DIVORCE COMPLAINT
1. The petition of Lioubov Avadiaeva, by her attorneys, the Family Law Clinic,
respectfully represents that on April 21, 2008, Plaintiff filed a complaint for divorce under 23
Pa.C.S. § 3301(a)(6), (c), and (d), against her husband Roman Avadiaev. Defendant was served
with the divorce complaint on April 29, 2008. Judge Edgar Bayley appointed Divorce Master
Elicker was appointed to this divorce case on June 16, 2008.
2. Plaintiff's Complaint for Divorce should be amended to include a ground for divorce
under 23 Pa.C.S. § 3301(a)(5) because Defendant was convicted on January 22, 2009 of
a. Statutory Sexual Assault under 18 Pa.C.S. § 3122.1
b. Involuntary deviate sexual intercourse with a person less than 16 years old under
18 Pa.C.S. § 3123
C. Indecent assault of a person less than 16 years old under 18 Pa.C.S. § 3126(a)(8).
d. Corruption of minors under 18 Pa.C.S. §6301(a)(1)
e. Rape of a child under 18 Pa.C.S. § 3121(c)
f. Sexual assault under 18 Pa.C.S. § 3124.1
g. Involuntary deviate sexual intercourse with a child under 18 Pa.C.S. § 3123(b)
h. Indecent assault of a person less than 13 years old under 18 Pa.C.S. § 3126(a)(7)
i. Incest under 18 Pa.C.S. § 4302
3. Defendant's criminal convictions for incest, involuntary deviate sexual intercourse
with a child, sexual assault, rape of a child, and involuntary deviate sexual intercourse with a
person less than 16 years each carry a minimum sentence of imprisonment greater than 2 years.
4. 23 Pa C.S § 3301(a)(5) states that a divorce will be granted if the other spouse has
been sentenced to imprisonment for two or more years.
5. Concurrence of opposing counsel has not be sought because Defendant has not
retained counsel.
6. No judge has been assigned to this case.
WHEREFORE, Petitioner asks the Court for leave to amend her Divorce Complaint to add
23 Pa C.S § 3301(a)(5) as an additional ground in her divorce complaint.
Date: 5/--
Rachel Allen
Certified Legal Intern
"14 1
MEGA RIESMEYER
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand that false
statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification
to authorities.
Date: 31310 °?
Rachel Allen
Certified Legal Intern.
rr
-'^a MP a'r't -p
?
F?
n
LIOUBOV AVADIAEVA,
Plaintiff
V.
ROMAN AVADIAEVA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
: NO. 08- 2533 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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.
LIOUBOV AVADIAEVA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE
ROMAN AVADIAEV,
Defendant : NO. 08- 2533 CIVIL TERM
AMENDED DIVORCE COMPLAINT
DIVORCE UNDER 23 Pa.C.S. §3301(a)(6), (c), (d), AND 3301(a)(5)
OF THE DIVORCE CODE
The plaintiff, Lioubov Avadiaeva, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
Plaintiff is Lioubov Avadiaeva, who currently resides at 7900 Algon Avenue, Apt. B-32,
Philadelphia, 19111, Philadelphia County, PA since July of 2008.
2. Defendant is Roman Avadiaev, who currently resides at Cumberland County Prison,
1101 Claremont Road, Carlisle, PA, Cumberland County, PA 17013 since March 7,
2008.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of the original complaint.
4. Plaintiff and Defendant were married on December 4, 2003 in Russia.
5. Plaintiff and Defendant have lived separate and apart since March 6, 2008.
6. There have been no prior actions for divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Defendant was convicted on January 22, 2009 of:
a. Statutory Sexual Assault under 18 Pa.C.S. § 3122.1
b. Involuntary deviate sexual intercourse with a person less than 16 years old under
18 Pa.C.S. § 3123
C. Indecent assault of a person less than 16 years old under 18 Pa.C.S. § 3126(a)(8).
d. Corruption of minors under 18 Pa.C.S. §6301(a)(1)
e. Rape of a child under 18 Pa.C.S. § 3121(c)
f. Sexual assault under 18 Pa.C.S. § 3124.1
g. Involuntary deviate sexual intercourse with a child under 18 Pa.C.S. § 3123(b)
h. Indecent assault of a person less than 13 years old under 18 Pa.C.S. § 3126(a)(7)
i. Incest under 18 Pa.C.S. § 4302
9. Defendant is to be sentenced on May 12, 2009.
10. Defendant's criminal convictions carry a minimum sentence of imprisonment greater
than 2 years.
11. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
VERIFICATION
I verify that the statements made in the foregoing complaint are true and correct, to the
best of my knowledge, information and belief. I understand making any false statement
would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to
authorities.
Date /6 Q Plaintiff/ ,rCy
Lioubov Avadiaeva
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Rachel Allen
Certified Legal Intern
MEGA^ RIESMEYER
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
95-
lit
Ell
A
;
cc c
LIOUBOV AVADIEVA,
Plaintiff
V.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 08-2533 CIVIL TERM
AFFIDAVIT OF SERVICE
I, Rachel Allen, hereby certify that I personally served a true and correct copy of the Petition
for Leave to Amend the Divorce Complaint and The Amended Divorce Complaint, on Roman
Avadiaev at Cumberland County Prison located at 1100 Claremont Road, Carlisle, PA 17013 at or
about 1:00 pm. on March 5, 2009.
I verify that the statements made in this Affidavit of Service are true and correct to the best
of my personal knowledge and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 3 ?
Rachel Allen
Certified Legal Intern
co
MAR 0 g ZOOBG
LIOUBOV AVADIAEVA
Plaintiff
V.
ROMAN AVADIAEV
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
: NO. 08-2533 CIVIL TERM
ORDER OF COURT
AND NOW, this `S day of , 2009, upon consideration of the attached
petition, Plaintiff's Petition for Leave to Amend Divorce Complaint is hereby granted
Date: / o
_J
J.
- 40` A .6
boll'
"
Lioubov Avadiaeva, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 08-2533
Roman Avadiaev,
Defendant IN DIVORCE
MOTION FOR WRIT OF HABEAS CORPUS
AND NOW, this 29 h day of June, 2009, Plaintiff moves for a writ of Habeas Corpus
directing the Superintendent of SCI Camp Hill to deliver Roman Avadiaev, Inmate Number
JC0395, Defendant in the above captioned matter, to the Sheriff's Department of Cumberland
County, Pennsylvania for the purpose of a Divorce Hearing on August 24, 2009 at 9:00am at the
Cumberland County Courthouse, Courtroom Number 5.
Respectfully submitted,
Rachel Allen
Certified Legal Intern
/I A/
MegaiYJRiesmeyer
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Attorneys for Plaintiff
F?LEC.?C€???E
OF THE PR i 1-1;^n,IC)TARly
2009 JUN 30 Ai i 9: 2 8
IN THE COURT OF COMMONPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Lioubov Avadiaeva
Plaintiff
VS.
Roman Avadiaev
Defendant
File No. 08-2533
: WRIT OF HABEAS CORPUS
To the Superintendent of the State Correctional Institution of Camp Hill
By an Act of Assembly of 1785, we command you to have the body
of Roman Avadiaev before the Honorable Edward E. Guido, Judge of our
court of Common Pleas of Cumberland County, at the Courthouse, in the
city of Carlisle, Pennsylvania, on Monday the 24th day of August, 2009, at
9:00 o'clock, A. M. in Courtroom Number 5.
WITNESS, the Honorable Edward E. Guido, Judge of our said Court,
at Carlisle, this 2nd day of July, 2009.
17 -
C tis R. Lmg,-TV01hon/ ary, Civil Division
By:
Deputy
f
JUL 0 YOUy(,j
Lioubov Avadiaeva,
Plaintiff
V.
Roman Avadiaev,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-2533
IN DIVORCE
ORDER OR COURT
AND NOW, this o day of , 2009, it is hereby ordered and
directed that the Prothonotary of the Court of Common Pleas of Cumberland County,
Pennsylvania issue a Writ of Habeas Corpus ad Prosequendum directing the Superintendent of
the State Correctional Institution of Camp Hill to deliver the body of Roman Avadiaev to the
Sheriff's Department of Cumberland County, Pennsylvania for the purpose of a Divorce Hearing
on August 24, 2009 at 9:00am at the Cumberland County Courthouse, Courtroom Number 5.
The Sheriff's Department of Cumberland County is hereby directed to serve the Writ upon the
Superintendent of the State Correctional Institution of Camp Hill.
For the purposes of his release from the said institution and his return thereto following
the disposition, unless otherwise ordered by the Court, this order constitutes sufficient warrant.
4 T,
Judge
Z_
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Plaintiff
c ?' rn'at l
'7
Roman Avadiev #JC0395
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001-8837
Defendant
I- --
Fl L D -4J , irCE
OF THE H?)-NOTARY
2009 JUL -2 AM 2: 14
P Aj( ;A
IN THE COURT OF COMMONPLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Lioubov Avadiaeva
Plaintiff
File No. 08-2533
vs.
Roman Avadiaev
Defendant : WRIT OF HABEAS CORPUS
To the Superintendent of the State Correctional Institution of Camp Hill
By an Act of Assembly of 1785, we command you to deliver the body
of Roman Avadiaev to the Sheriff Department of Cumberland County,
Pennsylvania for the purpose of a Divorce Hearing before the Honorable
Edward E. Guido of the Court of Common Pleas Civil Division of said
County, on August 24, 2009 at 9:00 O'clock AM, in Courtroom Number 5,
at the Courthouse in the Borough of Carlisle.
WITNESS THE HONORABLE EDWARD E. GUIDO JUDGE of our
said Court, at Carlisle, the 20th day of August A.D. 2009.
V -
LIOUBOV AVADIAEVA,
Plaintiff
V.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-2533 CIVIL TERM
IN DIVORCE
PROCEDURAL HISTORY
This action in divorce was commenced by the filing
of a complaint in divorce on April 21, 2008, raising grounds
for divorce of irretrievable breakdown of the marriage. An
amended complaint was filed on March 3, 2009, raising
additional grounds of divorce under Section 3301(a)(5) of
the Domestic Relations Code.
The Defendant would not consent to a divorce under
the 3301(c) provisions of the Code and consequently a
hearing was scheduled and held on August 24, 2009, before
the Divorce Master on the grounds under Section 3301(a)(5).
Both the Plaintiff and Defendant were present
along with counsel for the Plaintiff. The Defendant was
transported to the courtroom by the Cumberland County
Sheriff's Office from the State Correctional Institution in
Camp Hill where he is currently incarcerated.
The Defendant was provided a translator, Ludmila
P. Annable, for the purpose of allowing him to have the
English translated to Russian during the course of the
hearing so he was able to understand in his language what
was being testified to. The translator also communicated in
English the Defendant's comments to the Master.
DISCUSSION
Testimony was held regarding the grounds for
divorce stated in the amended complaint under Section
3301(a)(5). The Clerk of Courts of Cumberland County, who
is the custodian of the criminal records, testified that the
Defendant was convicted by jury trial on January 22, 2009,
of the offenses enumerated in the amended complaint. Mr.
Lebo further testified that the Defendant was sentenced on
May 26th, 2009, to imprisonment in a State Correctional
Institution for not less than 10 nor more than 20 years.
The Defendant stated on the record that he would
not agree to consent to the divorce but the Master explained
to the Defendant that his consent was not necessary inasmuch
as we were proceeding under the provisions of Section
3301(a)(5) providing for grounds allowing wife to request a
divorce because of his imprisonment for a term of two or
more years upon conviction of a crime.
There was no denial by the Defendant relating to
the sentence and conviction. Therefore, wife has fulfilled
the requirements under the Code allowing her to request a
divorce under Section 3301(a)(5).
RECOMMENDATION
Having heard the testimony of wife and the Clerk
of Courts of Cumberland County, the Master recommends that
wife be granted a divorce under Section 3301(a)(5) of the
Domestic Relations Code based on the testimony which
confirmed the allegations in the amended complaint that
husband has been convicted of a crime and has been sentenced
to a correctional institution for a period in excess of two
years.
Respectfully submitted,
E. Robert Elicker, II
Divorce Master
a,
OF 7F'" ?T Y
2009 AUG 27 Pill 12: 5 1
LIOUBOV AVADIAEVA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 08 - 2533 CIVIL
ROMAN AVADIAEV,
Defendant IN DIVORCE
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
1
Date: 8/27/09 E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
* Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
OF THE
2049 AUG 27 F`B'I 12-- 50
CUV";_ _ ' ',iY
Y
LIOUBOV AVADIAEVA,
Plaintiff
V.
ROMAN AVADIAEV,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DIVORCE
NO. 08-2533
CIVIL TERM
MOTION TO VACATE MASTER
Lioubov Avadiaeva, Plaintiff, moves the court to vacate Master Robert Elicker's
appointment to the above captioned case with respect to the Divorce Claim.
Plaintiff, in support of the motion, states:
1. On June 10, 2008, Plaintiff motioned this Court to appoint a master with respect to the
Divorce claim.
2. On June 16, 2008, the Honorable Judge Edgar B. Bayley, appointed Robert Elicker,
Esquire, as master with respect to the Divorce claim.
3. On August 24, 2009, Master Robert Elicker heard testimony on the Divorce claim.
4. On August 27, 2009, Master Robert Elicker filed his Master's Report, recommending that
Plaintiff be granted a divorce under Section 3301(a)(5) of the Domestic Relations Code.
5. The Master's Report has been filed for 10 days and no exceptions have been filed.
WHEREFORE, Plaintiff requests that Master Robert Elicker's appointment be vacated.
1014 6 Iq
Date Rachel Allen
Certified Legal Intern
Megan 'esmeyer
MAO"
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
Fax: 717-243-3639
-,r TH? (FR' NARY
20Q9 OCT -9 AV I : 12
C` 'f'' <,'i?l r Y
LIOUBOV AVADIAEVA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
DIVORCE
ROMAN AVADIAEV,
Defendant NO. 08-2533 CIVIL TERM
CERTIFICATE OF SERVICE
I, Rachel Allen, Certified Legal Intern, Family Law Clinic, hereby certify that I served a
true and correct copy of the Motion to Vacate Master and the Praecipe to Transmit Record on
Roman Avadiaev, by depositing a copy of the same in the United States first class mail, postage
prepaid, addressed to SCI Camp Hill, P.O. Box 200, Camp Hill, PA 17001-8837, on October 9,
2009.
Rachel Allen
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
FILED
r'
_';°e tt?C
OF THE Pr^TR Y
2009 OCT -9 A E ! : i 2
Cure F _; , y
Lioubov Avadiaeva,
Plaintiff
V.
Roman Avadiaev,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
IN DIVORCE AND CUSTODY
No. 08-2533 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
It appearing that the Master's report in the above stated case has been filed for ten (10)
days, that no exceptions have been filed thereto, that the costs have been fully paid and that all
the requirements of law and Rules of Court have been met, you are hereby directed to submit the
said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting
thereof.
l0/G/0
Date
Rachel Allen
Certified Legal Intern
- fiLtaz 6-Z -
Megan esmeyer, Esq. 40
Supervising Attorney
FAMILY LAW CLINIC
45 N. Pitt Street
Carlisle, PA 17013
717-243-2968
Fax: 717-243-3639
Attorneys for Plaintiff
! ? r
i
TO: Curtis R. Long
Prothonotary
DATED: October 8, 2009
I, `-?? 1'S ?` . , Prothonotary of the Court of Common Pleas of
Cumberland County, Pennsylv is do hereby certify that the costs in the above stated case, have
all been paid, including the Master's fee.
othonotary
1 ? "1;???
ZGiiq ?v ? ? ? ????,?: i ?
/'l?,nj ti
?-. s? .
i
r OCT 1 2 2009 G
LIOUBOV AVADIAEVA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
DIVORCE
ROMAN AVADIAEV,
Defendant NO. 08-2533 CIVIL TERM
ORDER VACATING APPOINTMENT OF MASTER
AND NOW, this 1 ? day of , 2009, the appointment of Robert Elicker,
Esquire, as Divorce Master in the above captioned case is hereby vacated.
By the Court:
?:'r /
J.
cc: The Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Attorneys for Plaintiff
/man Avadiaev
#JC0395
SCI Camp Hill
P.O. Box 200
Camp Hill, PA 17001-8837
Copes LL
i0 / s/ 9
V
FILED -+ r r, k-
OF THE, ppc, - ,, `nTARY
2009 OCT 15 F 0 2: 3 2
,Y
CU
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Lioubov Avadiaeva
V.
Roman Avadiaev
NO. 08-2533
DIVORCE DECREE
AND NOW, 0 it is ordered and decreed that
Lioubov Avadiaeva
plaintiff, and
Roman Avadiaev , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None
By t
19- ourt,
Attest: J.
Moo)
Prothor otary