To All Associates and staff of Robert J. Hopp & Associates:  click to enlarge

Re: Desiree P. Comiskey, Payroll Administrator 303.225.0808 303.531.2153 d.comiskey@hopplawfirm.com

Dear Robert J. Hopp & Associates:

Please note first that copies of this email are being sent to each email address listed on your firms website with the exception of the one noted.  Also note that the conduct of described herein in a violation of Colorado criminal law – see attached evidence, stop payment check.  This matter requires your immediate attention whereas I will be filing criminal charges with the Adams County Colorado Sheriff’s department and with Jefferson County, on 4/8/2010 on the above noted employee.

C.R.S.  18-5-512. Issuance of bad check. (b.5) A class 1 misdemeanor if the fraudulent check was for the sum of five hundred dollars or more but less than one thousand dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within a sixty-day period in the state of Colorado totaling five hundred dollars or more but less than one thousand dollars in the aggregate;

My name is Timothy R. Branthoover writing in regards to one of you employees/associates with your firm named Desiree P. Comiskey and something she has done that has literally destroyed my business, my home, my marriage, the life of my help Joshua Martin, and it is essential that her character as a person be known.  It involves a $900.00 check she wrote for a repair job that cost me over $1400 in parts alone, which does not include $500 of which I paid my employee. (her check which she stopped payment attached) believing the check was good.  Please read this thoroughly because writing this may be the last thing I ever do, it’s that bad.  The cost for this work performed at any other professional shop in the state of Colorado, $3,000.00 minimum, and the car in question is driving today, fully functional.  And not one phone call from her or Joseph questioning the work done on engine, she just stopped payment.

I realize you don’t know me, but until this I was just a hard working auto mechanic trying to make a living; info on me can be found here www.timthemechanic.com   Her boyfriend Joseph Erwin and Desiree Comiskey  brought his car to me almost a year ago, 2002 Subaru Impreza.  It had no oil in the engine, broken timing belt, 24 bent valves.  We removed the heads, took them to a machine shop, paid them $290 to replace the valves.  The head gaskets were $43.00 x 2,  added 5 quart oil.  In short, about 20 hours labor, $600 parts which I let her have for almost $10/ hour in labor.  When we completed the engine and started it, we noticed a slight knock when it first started up then it went away. It was a rod bearing noise.  Something we couldn’t know because usually they don’t happen at the same time and to even know there’s a bearing problem the engine has to run.  She wrote me a bad check then, but came and paid me the cash- I ate the bounced check fees then, too.  I instructed Joseph to get an oil change and put an additive in it, which he didn’t do.  He called me 1 month later and told me the engine was making noise.  Joshua drove out to Kittredge, (50 – 75 miles?) and diagnosed the rod.  He actually needed an engine replacement, but he couldn’t afford it.  Months later he called me, had his car towed to me.  The cost of a used engine was $2500, cheapest anywhere I could find.  I told him this – told him engine rebuilds were really difficult because I’m not set up for it.  He cried, blaming us for his admitted stupidity in not getting even one oil change in 70,000 miles since he bought the car new, saying we should have known of the deeper engine damage.  It needed a crankshaft, bearings and one piston rod replaced.  Only place that I could get the crank was directly from Subaru - $457.00, my cost. (I can show pictures of the work we did, parts receipts).  Also, gaskets, crank timing gear, seals…  We had to wait 1 month for the crankshaft.  Finished assembling the engine and installed it – every single bolt in the engine had to be removed, the block splits in half.    

Anyway, we were almost finished so we called him.  No answer, left messages FOR TWO MONTHS!!  We stored it for 2 months at no cost - we prepared to scrap the car to get some of my money back. 

 

 Then he calls with some excuse that he was out of state, that he had the $900.  So, after all that, all I wanted was the money I had in it back – no extra charges for storage, money I had paid my help out of my pocket.  I knew he was financially strapped! So we pulled the car back into the shop, it was leaking oil. Where the oil was coming from was not an easy fix, coming from the back of the engine block so we had to pull the engine back out. We couldn’t see where the oil was coming from so the engine came apart again,  every nut and bolt to see if we’d clogged an oil return journal.   I didn’t have any money for parts of this job, figured the rear main seal that we reused didn’t seal.  We replaced the seal.  Originally we had questioned the position of how the seal sat in place because it was different than any one we’d seen. Our manuals, every printed info, even called 7 different Subaru service departments who insisted it was to be fully seated back, though none of them had actually replaced a seal in one – 2002 was the first production year of the 2.5L design and aren’t meant to go 70,000 miles without an oil change.  So we replaced the seal ($17.00), reinstalled the engine, same leak, 2 full days, putting other customers off.  Start the engine – same leak! Should have given up then, but Josh started pulling it again.  So apart it comes 4^th time pulling this engine.  We pulled out the seal.  One thing we didn’t try – setting the seal ¼ inch out from being fully seated, as instructed.  It worked but burned another 2 days and another $17.00 seal. Finally we thought, done. Engine sounded great, no leaks. But the engine light was on and automatic transmission temperature light was flashing, as it was when it came in. We plugged the computer diagnostic Snap On. It gave codes P0778 and P0748, both 1-2 and 3-4 transmission shift solenoids.  Our job was just the knocking piston rod. But when test driving the car we noticed it wasn’t shifting gear.  Again, not wanting the over-revving because the transmission to damage the engine we’d just basically rebuilt, we drained the transmission, replaced the 2 solenoids, $40.00 parts never charged and 2 hours not labor charge. Refilled with the same transmission fluid we drained out because it was another $40’s cost for a job I wasn’t getting paid to do. We started the engine and the lights, check engine light and trans light went out by themselves because the problem was solved Desiree and Joseph came to get the car, with explicit instructions to bring cash. They didn’t. stating the bank was opening at noon, because of the snow, and he had to be to work by 11:00.  I reluctantly accepted the check.

After 4 days, believing the check had cleared, I paid the rest owed on rent, and $500 to Josh, believing the check had cleared.  The next day, the check had bounced, placing me another $900 in debt.  This is after Joseph had called stating the check engine light had come on.  He said he had taken it to Auto Zone, who pulled the code, telling him 2 different transmission codes, a speed sensor and 4^th gear ratio.  He said he took it to a transmission shop who quoted him $3500. The same codes he was given from transmission shop I researched and found did not refer to rebuild. Told him bring it by, we’d figure it out. Again, my job was to fix the engine, not the transmission.  We spoke more and he said that he was going sixty miles an hour at 2,000 rpm, showing it was getting 4^th gear. Engine was running great. Friday, April 2^nd, I received copy of check attached.  They had stopped payment on the check on 3/24/10.  When I first found the check hadn’t cleared, angered I attempted to Joseph, who’s phone went directly to voice mail every time I called.  The number on the check itself written to me by Ms. Comisky, we she assure me was hers, was not.  It is her mothers.  I left angry message regarding my losses because of her and that I was going to repo the car, I admit.  She just destroyed my life, I was angry. I wasn’t aware it was her mother’s phone or I wouldn’t have left the message.  Apparently, her mother knew the sole reason she cancelled the check was the light. She called a Jefferson County Sheriff deputy Dave Bruening, who then called me.  We talked for over 30 minutes, he had read my website and agreed with my situation. He called the next morning, not concerned with their supposed complaint, but for mine.  Again, we spoke for 20+ minutes, me assuring him I wouldn’t harm myself. I am of the understanding that we both were of the belief that the check had bounced, not payment stop.  

 

She fraudulently wrote and stopped payment on this check.  The transmission issue was not my job and was not preventing him from driving. He stated it drove normal except for the light on dash.

 

Parts of this letter will be printed and signed under oath for criminal proceedings pursuant to the above noted statute. I have all receipts, pictures of the engine disassembly and reassembly. Have retained old crankshaft, rod and bearings we replaced. I will produce phone records of the times attempted to contact Joseph for two months that we believed he’d abandoned it, without response; shop time estimate manuals that show costs $1,000’s more than I charged. I will also subpoena above noted officer and 2 Subaru techs, more…

 

Further, this email will be sent to every newspaper and TV station. My business has stopped operation as a result of this criminal act which is worse than robbery in its results.  I have lost it all, am going on permanent vacation on 4/8/10 but will be accessible at this email and 720-338-7848 and for court appearance.

 

I also believe that because this is fraudulent theft, you question her integrity closer to home as payroll administrator of your firm.

 

Sincerely,

Timothy R. Branthoover

www.timthemechanic.com

I'm giving up trusting people or being the nice guy because of evil people like this.

 

 

 

Horror stories of Rip Off's in the auto repair industry and elsewhere

My Story of how I lost my car at Tennyson Automotive Clinic on 29th and Tennyson in Denver Colorado.  Owned and operated by Rich Lamb

 

 

 

I lost my pride and joy simply due to Rich Lambs business performance and received nothing as compensation!

 

Thank you,

Gary R