My e-mail response of September 29, 2008:                                                                                      Yalta Apartments   Page 1

“Hi Ludmila,

October 12 would be fine, but I made no firm reservation.  I told you I was expecting to come to Yalta, but then Olga got ill and was hospitalized more than two weeks ago.  Her doctor advised her not to travel for several weeks.

I can't believe you would take advantage of me this way.  It is not correct for you to keep my money.

I could understand if it was tomorrow and I wasn't coming, but I gave you plenty of advance notice and the situation changed because Olga got ill.

I assume you no longer want my business next year or the year after.

David” 

Her response, also on September 29:

“hI, David.
Are you in Kiev now? I do not like your letter. You are not right, I did not ask you to send money, I lost a lot of time to get them. But it is ok, I will send my son money tomorrow and he will give them to you without money on sending. In your country you take money for every movement. And I gave you discount for renting every visit. So it is up to you to rent my apartments or other apartments. I have no problems.
I do not want to give  money to unknown people, if you are not in Kiev I will send money to you. Write me pls your data for sending."   

Now she says she will send the money to George in Kyiv or send the money to me, elsewhere. 

My response on Monday, September 30:

“Hi Lyudmila,

I didn't like your letter, either.  I am in Kiev - I go to Vinnitsa on Thursday.

My contacts here are S*** (8067) *** and his girlfriend, K*** (8067) ***. And it is Not true that we do not make refunds in the US.  It is standard business there to give refunds even if you buy something in a store and want to return it one month later. 

K***'s e-mail: k***@yahoo.com

Ciao,

David” 

Lyudmila’s response on Monday September 30:

“HiDavid.
I will not contact your friends, I will send money to you via MoneyGram.
Pls write your addresss and full name. Now you will lose the time and some money for my service.
Lyudmila”  

This was the last e-mail I got from Lyudmila 

My response on October 1, 2008:

“Lyudmila,

You can send the money to my friends or - as you said - bring it to Kiev on October 12.  Why do you want to be so difficult or are you just trying to prove something ?

Here is the text below from the agency of the woman I was going to bring to Yalta.  You can confirm with them if you think I'm telling a story.  It is not my fault she became ill and I sent you money in good faith and told you immediately when plans changed.  Don't be so mean - or do you want to send me my pan also ?

I should tell you that I am planning to bring Olga and her sister both to Yalta on my next trip.

David”

On October 2, I sent another e-mail to Lyudmila:

“Hi Lyudmila,
I can't understand why you want to ruin our friendly relations.  You want to punish me ... for what ???  I have done nothing to you but be a good client.  It is your choice if that is what you wish.  It is not my fault Olga became ill.  I have attached a note from her doctor.
You can send privatmoney for just a few hrivna if you don't want to bring it when you come to Kiev.
I will be in Vinnitsa from today for a week or more.
David Cerullo
ul *** 136-33
Vinnitsa"

On October 6, I sent another e-mail to Lyudmila – I had not gotten no response from her since September 30 when she said she would send me a MoneyGram:

“Hi Lyudmila,

Let me know how you will return my money.  I am in Vinnitsa for one week or so.

David”

On October 12, I sent another e-mail:

“Hi Lyudmila,

I am waiting now for 2 weeks for you to return my money.  Somehow I thought you might have some sympathy for poor Olga who had to be hospitalized for surgery, but it is clear you only want to be difficult.  Why, I don't know.  I have been a good customer and I have done nothing to you.

I wait to hear how and when you will return MY money.

David” 

On October 13, I called Lyudmila and she confirmed that she was in Kyiv.  I gave her S***’s phone number, AGAIN, and she said she would contact him to meet and give him my money.  I also called S*** and asked him to call Lyudmila to arrange to meet. 

I also sent an e-mail:

“Hi Lyudmila,

I am in Vinnitsa.  Olga had to go to the dentist and, since it will take some time, I went to the Internet cafe.

I called S*** and gave him your phone number. 

S***'s phone:  (8067) ***.  He will meet you.  He is a good friend and often handles my bills for apartments, etc, in Kiev.

Ciao,

David”

I got this e-mail from K***, S***’s girlfriend, on Wednesday, October 15:

"David, 

S*** called Liudmila on Monday. She was busy on that day and told him she would call Tuesday about the money, but she never did. 

K*** "

On October 15, I called S***.  He said that he had called Lyudmila but she said she was too busy to meet anywhere.  He offered to go to her apartment to make it easy for her but she said that there was only one key and that George had left her locked in so she could not open the door.  What ?

I called Lyudmila and she told me that same ridiculous story about the key.  I asked why she had not called S*** and she said she didn’t have his phone number.  What ?  She also said she would prefer to meet me on Sunday, October 19, because she was afraid to give the money to S***.  She said she would make sure she could meet me because she and George would be out together that day going to the circus.  I told her that I prefer not to wait until the last minute as I was flying home Monday, October 20, so, if something came up on Sunday, I would leave Ukraine without resolving this.

I gave Lyudmila S***’s phone number, AGAIN, and she said she would call him.  I called S*** later that day.  He said he had not heard from Lyudmila and had tried to call her at least 4 to 6 times but she was not answering.

On October 17, I try to call Lyudmila several times from Olga's phone but she does not answer.  I called Lyudmila, again, but from a payphone when we go out.  She said she had been too busy to call S*** but that she would meet me, Sunday, for sure – to call her back tomorrow to make arrangements.  I was calling from a payphone so she wouldn’t recognize Olga’s phone – because she didn’t answer if I called from Olga’s phone.

On October 18, I called Lyudmila to arrange to meet.  She said she was not in Kyiv, she was in Yalta.  I suggested that I could meet George and she said … “Oh, … George, um … ah … George is also in Yalta.”   I asked when he would return to Kyiv and she told me “Tuesday, but you will already have left.”

I asked Lyudmila to send my money with George when he returned to Kyiv, anyway, and he could meet with S***.  Lyudmila then said that I must come to Yalta to get my money.  She also said that she will return very little money as she will charge me for her time to pick up the MoneyGram and for arranging a driver to meet me in Simferopol.  That is ridiculous – she knew on Sept 19, I would not arrive on September 27.  I have been with Lyudmila when she has arranged several drivers for me.  She does it one day before and usually makes one phone call – maybe 2.  It takes 5 minutes and she would have done it on Sept 25, soonest, but probably on Sept 26.  Certainly not before I cancelled on Sept 19.

At this point, it has been more than one month and Lyudmila has stated several times that she would return all or part of my money but she has done nothing but lie and tell stories.  She could have sent me “privatmoney” for a few hrivna or a MoneyGram, which costs more, or met, in Kyiv, with S*** Oct 12 to 18 or me October 19.                                                                                                          Yalta Apartments   Page 1