sorry, I was dealing with Richard in texas at your website. He knows the background . I will email him
ok. How do I go about filing small claims court ?
Hi Richard, Thank you for the information. I found out that the designer marked up the furniture over 50% and never disclosed that to me. Can I sell these pieces and sue for the difference.? I hate to look at them . It will take 24 months before small claims court case is heard. I don't want to pay storage on it because I don't think I will see any recovery of funds but will file a judgment if I win. To execute a judgment you need to hire a lawyer and it is expensive.
Thank you, Denise
does it matter that I signed for the furniture the day she had it delivered and my mom was in the hospital. the other attorney seemed to think so. he said attorneys will not necessarily sympathetic.
Richard, Could you review this ? This is what I will put in the court document I have to file with small claims . I need to explain the claim per the form. Thank you Denise
Defendant sold me unapproved furniture in style and color which I paid for in advance of receiving on August 28, 2013. The furniture receive did not reflect my vision of my design board the defendant asked me prepare so she would have my vision. She examined my board on many occasions beginning in May. She said trust me “I know your vision better than you know it yourself “. I kept telling her I wanted light and airy and the style of the furniture in the pictures and referred her to the board many times.
She told me she would buy a console that would match my black and gold chinoiserie. The console the defendant purchased was completely black and colonial in style and too large for the foyer its designated space. All the furniture pieces, 4 in total, I received on August 28th were pitch black and are not the correct scale for the designated spaces marked off , I said why all black on the 28th of August she said it is fine. I signed the delivery form from Mastrocco, paid them $264.00 plus a $10 tip accepting the furniture but this did not indicate my approval. I had no time to debate it since I had to get back to my mom in the hospital who is easily agitated because of her dementia and the nurses prefer me there, she was to be released that day.
During the months she visited my home, I was paying her a fee and she insisted she would need to visit weekly starting in August, the defendant showed me two pictures of an end table and a mirror that was gold and glass styled completely different then what she delivered on August 28th. What she delivered was black and glass. Also, she insisted that she showed me pictures of the étagère but not the console. She did not show me either. Prior to her purchasing the furniture, I asked her to look at Horchow website since they had a black& gold edged framed cabinet/etagere, with two large glass doors and a light wood interior cabinet. The defendant said I needed a cabinet /étagère to display my antiques and accessories. I said I would like that Horchow cabinet and it would match the chinoiserie. She discouraged me and said the quality of furniture from Horchow is not that good and she said it may be too big, so I trusted her. I trusted her to provide me one piece to match my chinoiserie.
On 9/2, I called her to tell her take back the furniture this is not what I signed up for, this was not my vision I provided the defendant 23 picture per my design board. The furniture was $5580.60 which includes a defected coffee table of $651.90 which becomes unsteady each time I tighten the bolts it loosens. The coffee table was delivered by her after the 28th of August. She told me to tighten it and I said I did and it gets loose. I do not want anyone to get hurt if this glass table tips over. I do not feel confident with the quality of this piece. She showed me picture of this coffee table and it was not the same table which was delivered, the top was similar but the bottom of the table did not have the geometric design at the bottom and it did not appear to be a black bottom.
On September 21st, she acknowledged the console did not fit the space correctly but no action was taken by the defendant to correct such as putting it in her inventory and selling it to another client. Also, the defendant said I, the plaintiff, got a deal on the furniture but she did tell me she marked it up 50-100%. This was no deal. The plaintiff then told me she would talk to the sales representative about the furniture and work on the return. On October 18th she said the furniture is not going back and the couch/ottoman is coming.
The defendant ordered me a couch and ottoman in mid August which I asked her on 9/21 to cancel the delivery via a phone call. My concern is that after seeing the black furniture and it scale, I am really concerned the sofa and ottoman will not fit the space although she assured me it would. My trust in her is broken. She showed me a slipcover couch picture and fabric which I said ok but I said Judith are your sure it is going to fit the space. I asked her twice. She said yes twice. My concern is will the coach and ottoman fit the space properly as she did not measure the depth and height and did not provide a floor plan of my family room to ensure the pieces would fit. I only found out now that a designer should provide a floor plan and have you to sign off on the plan and any furniture purchases. Further, I asked her to measure and she measured the length and I said make sure that it does not come out far in the room because I do not want it to encroach the view of the fireplace which is not installed yet. She told me she has being doing this for 23 years and she knows what she is doing and she doesn’t have to measure. At the time she said this I had no reason to doubt her ability and her process. Now the concern is will this be the same issue I had with the console table and étagère? I do not trust she is correct after my experience with the black furniture delivery nor for that matter will it be the same product she showed me in the picture of the coach she never showed me the ottoman. I do not want to accept this furniture but if I do not I may be out another $2615 not including sales tax so I will accept the couch if the couch come before the hearing. I cannot outlay any more money with nothing to show for it.
On Oct 18th she arrived and dropped off some items and said she doesn’t work for me anymore. She had told me previously that she would accessorize my home, hang mirrors and frames. Now, I need to hire someone else when this was part of the oral agreement as she told me she would accessorize my house and hang the frames. She broke her oral contract with me .
The defendant has a framing company and framed 31 pieces of artwork for me the first set was to my liking gold silver and cream when she deliver the next 16 pieces they were all black. I said to her why black she said it was a done deal. I did not realize so many were black at the time of delivery she told me when the furniture came that the second set was all black. All art work was shrinked wrapped and I did not undo them because they were stacked against my newly painted walls. I did not have time to go thru each one until after the furniture delivery she told me what she done to the artwork. I trusted her again to do the appropriate framing of what I liked which was cream, gold and silver. I asked her to correct it. I said Judith you can use all the glass, mats just change the wood around and leave any interior moldings she said no it is a done deal. I said you have changed out frames for other clients you told me so, why should I be treated different? This was $ 3500 in framing for the 16 pieces.
Then I asked for cream fabric on my Louis XV dining room set and she provided a sand color. I said I asked for white she said I picked this sand fabric but not for my dining room. I told her I wanted white / cream and defendant said that is Jewish northeast and when I told her what she said the defendant said I was hallucinating. I clearly remember because I am part Jewish and raised in the Northeast. I asked for white or cream not sand. I paid $900 for this fabric in advance of seeing it because the defendant wanted to be paid up front. After much grief from the defendant, I had asked for some fabric to be eliminated which was gold and blue which I picked for other areas of the house and she did accommodate that change but not my dining room.
The defendant purchase accessories for me and did not disclose that she was marking up the products 200-300%. Some purchases she would just buy and tell me I needed them to complete the look of my house and charged me for them. She would threaten me that she would quit my job because I was stressing her out about my budget all the while having my money and goods. I could not sever the relationship she had my goods and artwork and was to finish my house. I was stressed out from her bills and told her so. I asked her to stick to a budget. She then said she does not work with a budget but originally she said she would when my husband and I met with her in April.
The defendant did not deliver three lamps I paid for in the amount of $1750. I requested these lamps to be a light finish not a dark finish. She showed me pictures of these except the white lamp. She said they are not a dark finish, and they appeared light in finish except the standing lamp and she said it was a light bronze color. I have not seen the lamps as of this written summary. Lastly, I asked her to return my aunts antique frames which were a total of 4 frames, 2 cream and 2 gold and she has not as of this summary.
Thank you for your patience reading this summary.
Thanks, I will only make those changes you suggest and assume the remaining of the text is ok. Again, I thank you. Denise
Hi Richard, I spoke with the court clerk today at small claims. She asked me if I was filing against the individual or company. JD design is a sole proprietor. I recall Judith the defendant saying she has a loss in the company since in the economic downturn. I am accountant that is why she was telling me. Should I file against both? It costs a little more to file against both. The checks were written out to Judith Darnay, the defendant.
Additionally, I asked the clerk if I should or could submit pictures. The clerk said I may but it would be all attached to the summons and I may not want to "show all my cards". My description per yesterdays correspondence is detailed. How should I approach the pictures and the summary letter on the claim? Should I edit the information in the claim. Pls advise me. thank you, Denise
Ok Richard, I will leave the letter you edited alone and submit as is with no pictures.. Also, what if she brings pictures of the black merchandise and says this is what she showed me and outright lies. I have my pictures of my vision and just rely on this and counter her argument. Also, I had called her twice a week since the meeting on 9/11 and 9/20, I asked her to return my call and when is she going to give us an answer regarding removing the furniture from my house. I made calls to her until I spoke with you on the 18th of October and had not called since. My concern even though she did not provide me an answer about the furniture and refunding my money and redoing the frames, could she say I harassed her and countersue on this point. I am trying to anticipate her moves on this. I called European homes today and spoke with the owner and asked him if would tell me the cost of the furniture, so I can anticipate what my loss will be upon selling it. He said he feels bad for me but would not provide me this information because Judith could sue him. I was taken back by his comment. I said what could you sue you for?? He did not answer and said he did not want to be involve although I know that he severed relations with her because the designer at the store told me so. She said that Judith was so difficult to deal with and it made her feel like she was going crazy. Let me know your thoughts please. Thank you, Denise
thank you.. I have some peace with knowing that much. Thanks again.
Hi Richard, I re- calculated the framing to be 4945. which would bring my total claim to 15405. the limit for small claims is 12000. I included my lamps she has not delivered as of yet at 1795 and couch & ottoman not delivered at 2185 which I really don't want because of the fact she did not measure. the furniture is 5580.00. How should I handle or edit .? Thank you,
Hi Richard, I think I will do what you suggest, and remove the lamps and couch and ottoman and file another claim if need be. Thank you again for your insight. Denise
Hi Richard, I filed with small claims for the suit she has not been served yet. They tell me if they can't serve her, there is no case. I can keep resubmitting.
Today, she delivered the couch I said to her I am not happy too big and you did not measure. She said she did and it is fine. Couch is 90 by 41 depth plus ottoman of 41" by 31" width in a 16 foot by 13 foot wide room. The delivery man said I need to sign the paper so I did with my name and noted next to my signature not approved , too large -space not measured, I called the company as well and gave the dimensions of the room and asked them to take back, the one woman said she knows it is too big. Plus the invoice total was 1564. She charged me 2185. I called her and left her a message I said you incorrectly charged me by almost 700. You never discussed this upcharge you charged me a fee for each visit here 2 hours and I paid 135.This is a 40% upcharge. She refunded me the lamps in cash $1905 today. I said you cancelled the order she said no I put it in my inventory. I said take the console back then too it doesn't fit. She called and told me don't call her again and that the couch was wholesale prices and something like you signed it incorrectly. thoughts Thanks,
Hi Richard, The constable tried to serve her and was not successful. I think she moved from her address of XXXXX XXXXXXXXXXX XXXXX, Yardley, pa 19067. I have no forwarding address. The certified mail that was previously sent was refused on 10/17/13. I searched online and it appears she moved in September when this all started. I also found out that she had two judgements against her one in 1994 and another 1999. What should I do?
I called the apartment complex she was in unit 303 and I asked if it was available and they said it has not been available for 10 years, so I guess she is still there . why did I receive a notice from the district judge saying the constable is unable to service this complaint at the address given / please provide the correct address. I am confused did she not let them serve her. I will call to find out from the district judge what the issue is because I believe she still lives there. any thoughts on the subject
I do not believe they will let me I had asked if I coukd used someone else. I even asked if they could use fedex to serve. they said I need to file a letter to the judge with a ruling for small claims that would allow such a service.
ok, do you know the ruling citation I could use to write a letter to the judge and ask for permission based on a ruling that fedex would be enough to grant service to the defendant. thank you,
Do you believe they told me it is a legal question and I have to ask a lawyer for the ruling.... I thought the legal system was to make sure justice is served...
ok, I will try again. Maybe through your system you could contact a bucks county, Richboro, pa lawyer who would be able to give me the citation for small claims court. Is that possible.? Thank you, Denise
ok, thank you
Is this ok.. pls advise me .. Tk you
Honorable William Benz
60 Township Line
Richboro, PA 18954
RE: CV 437-13
Denise Yildirim vs Judith Darnay & JD design
Reason: Use of a private legal process server
Dear Honorable William Benz Esq,
I am requesting the use of a private legal process server, Cornerstone Consulting to serve the Defendant Judith Darnay. The defendant has been attempted to be serve by the constable on five separate occasions. The defendant is not opening the door. This defendant had two previous judgments against her and I feel she is dodging this service. I would like to get her served so I can present my case to you. I would very much appreciate your approval in this matter. Below is some information on the company which was recommended by a local lawyer, Steve Wolf. Steve Wolf Esq. has used Mr. Mark Zaba at Cornerstone in other cases to legally serve a defendant.
“Cornerstone Consulting Services, LLC is a consulting and investigative company which provides a wide array of professional consulting and investigative services to our clients. Cornerstone was formed by Mark J. Zaba and Brian P. Smyth who retired as Special Agents with the Federal Bureau of Investigation (FBI) following 55 years of combined experience with the FBI.”
I respectfully XXXXXXX XXX use of this private legal process service.
the judge wont let me use this service only a certified constable. He checked the rulings. I will try to have her served again from the court. I said that if she did not answer the door 5 times what would change that she would answer the door. Can they serve her by her car...? sooner or later she has to go out.... This is so frustrating.... If I go to the next level it would cost 3-5k in fees and there is no guarantee I will get paid unless you execute the judgment which cost more money... She is a renter too.
Hi Richard, I have a court date tomorrow at 3pm. Finally. Could you give me some pointers on how to present my case to the judge. thank you
Thank you, How about if she has a lawyer and I choke try to rebut and provide the letter on the 28th to the judge.
By the way, she did refund me the money on the lamps does that help me...these were not in my original copy to the judge because it was to be with the couch and ottoman claim which would have put it over the amount for small claims. I will file for the couch and ottoman after this decision is made, but can I bring up the fact that she refunded me the lamps funds.
what if she tell the judge that I changed the design board orally and asked for dark furniture . I can refute that but what else can I say.
ok. can I bring up that some of her vendors , European homes and golden ulphostry severed relations with her.
ok. thanks much... if I think of anything else I will contact you... ok. tks again
oops and the fact she had two judgements against her previously in 99 and 94. I have to try my best to get my money back.
Hi Richard, We won..!! 10K plus court fees. I asked for 12K but he settled on the 10K figure. I am happy anyway. Thank you, thank you...
What do I do next? It says " any party has the right to appeal within 30 days after the entry of judgement by filing a notice of appeal with the prothonontary clerk of common pleas, civil division. You must include a copy of the notice. Except as otherwise provided in the rules of civil procedure for majisterial district judges, if the judgement holder elects to enter the judgement in the court of common please, all further processes must come from the court of common pleas and no further process may be issued by the magisterial district judge. Unless the judgement is entered in the court of common please, anyone interested in the judgement may file a request for entry of satisfaction with the magisterial district judge if the judgment debtor pay in full, settles or otherwise complies with the judgment."
thank you .. how quickly does she have to day on the 31st day?. Do I need to file the judgment immediately in the court of common plea.? is she to contact me or do I need to contact her ( which I rather not) to get payment.?
Hi Richard, I was wondering if you could provide me some direction on another matter, my aunt died because of a fire in her home, she actually had a heart attack and a some circulatory issues. Her autopsy report says only 8% smoke was in her lungs and the ruled the death natural causes. She was 84 and lifeline was her medical monitoring system, my aunt said there was smoke in the house and my aunt told them she would open the windows. My aunt was being treated for anxiety but not a heart condition . The drs say she had high blood pressure but she was not treated for it as far as I can see. Lifeline did not tell her to leave the house and wait for the fire department outside and about 8 minutes later the fire department arrived and the house was in flames. They were clearly negligent on what they told her and yet no one wants to take the case. I had a large firm look at the papers and they said they were not interested in the case. I had a medium firm look at it and they said the same. Do you have any recommendations for me whether to pursue this or not ? How to go about to find someone to take this case or do I just drop it. Thank you, Denise
Ok, so find a junior lawyer in a small firm to take this case, I think that is what you are saying. thank you,
Hi Richard, I received a notice of appeal from district justice common pleas on the interior design case. I apparently have to file a complaint within 20 days . the date of service of this rule if service was by mail is the date of mailing 2/4/2014. I need an attorney or can you help me write it... The common pleas court said to go to the law library and write it up but no one will help you. Also, I understand I can not sue her for any fees in this case at the common pleas level. Judith the designer filled out the notice of appeal I could see her handwriting yet I have to put out more money to sue someone who is a crook and had previous judgment against them. This doesn't seem right.
I had to get that off my chest... oh well , can you help. thanks and regards, Denise
ok. thanks anyway.
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