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Time Warner-CS050812Keith Marv - RE: Comcast Complaint _ Page 1 From: "Mineyahl, Zinah" <Zinah_Mineyahl @cable.comcast.com> To: 'Keith Marvin' <kmarvin @ci.coppell.tx.us> Date: 8/12/2005 1:48:35 PM Subject: RE: Comcast Complaint Keith, As you have seen on the document sent by Jim Bartlett of Klaasmeyer, Mike signed a waiver of release for all the damages that he requested to be paid for. He wants both parties to pay him for the same thing twice. I understood that the check he received ended the matter. Is that your understanding? Thanks, Zinah - - - -- Original Message---- - From: Keith Marvin ( mailto :kmarvin @ci.coppell.tx.us] Sent: Friday, August 12, 2005 1:29 PM To: Mineyahl, Zinah Cc: Morris, Annette - Dallas Subject: Fwd: Comcast Complaint Zinah, I thought this gentleman's issue was resolved. It sounds like he still has a complaint with some of the work done by Comcast's contractor. Could you let me know the status of this. Thanks, Keith Keith R. Marvin, P.E. City of Coppell (972) 304 -7044 kmarvin @ci.coppell.tx.us >>> Michael Odle <odle @swbell.net> 08/12/05 6:53 AM >>> Mr. Marvin, This email confirms Comcast's unwillingness to negotiate a good faith resolution with me for damage caused by Comcast's contractor to my property (119 Mesquitewood Street) that occurred on July 16, 2005. The facts, in brief, surrounding this incident are as follows: Damage to my landscape: there is a sunken trench line that extends between the right -of -way and the side of my house where Comcast service wire stops on the wall. I have been hand - watering the grass on this trench line on a daily basis to keep it alive. The trench line, however, continues to sink. Time away from work: on 07/28/2005, Leroy Smith with Trinity Insurance (the authorized insurance company for Comcast's contractor) called to say that he would have to send a Claim Examiner from Penn - America to my house to view property damage. Mr. Smith asked that I be at my residence to meet the Claim Keith Marv - R Comcast Compl Page 2 Examiner. Mr. Smith also said the meeting would be at a time convenient for me and that I would not have to take time off from work. However, at 3:48pm that same day, another Trinity Insurance representative (Glenda) called to set the appointment and stated that an Examiner would meet me on Tuesday, August 2, 2005, between 1 pm and 4pm, which is during my work day. When I asked her if she could do this after business hours, she said that this time frame was the best she could do. SPECIAL NOTE: The Penn - America Claim Examiner never met with me on August 2, 2005. Either (1) the Penn - America Claim Examiner came to my residence but never contacted me (in which case 1 was not needed after all), or (2) no Penn - America Claim Examiner ever made a trip to my residence, nor did a Penn - America representative ever call me about this meeting to reschedule or to cancel. Cessation of cooperation: Penn - America sent me a letter in the U.S. mail dated August 2, 2005 (the very day that I was told to be home so a Claim Examiner could meet me at my residence) stating that they had closed the file on the damage to my property and consider the issue settled. Mr. Marvin, Comcast will not return my phone calls and has denied my request to negotiate a good -faith settlement on damages. Your assistance in helping me resolve this matter would be greatly appreciated. Thank you, Michael B. Odle 119 Mesquitewood Street Coppell, Texas 75019 Cc: Federal Communications Commission Public Utility Commission of Texas Better Business Bureau CC: "Morris, Annette - Dallas" < Annette_ Morris2@cable.comcast.com >, "'jim @klaasmeyer.com "' <jim @klaasmeyer.com> Keith Marvin - RE. Comc Complaint Page 1 From: "Mineyahl, Zinah" <Zinah _Mineyahl @cable.comcast.com> To: 'Keith Marvin' < kmarvin @ci.coppell.tx.us> Date: 8/12/2005 5:55:13 PM Subject: RE: Comcast Complaint Keith, I went to Michael B. Odle's address this afternoon with Santos (Owner of our Bury Company). Santos has taken digital pictures of the landscape. There is a depression in the surface but hard to tell. If it is hand watered along the area where the cable is buried the soil can be eroded. In any case, I have asked Santos to satisfy Michale's request without any delay. We will follow up and keep you updated. Thanks, Zinah - - - -- Original Message---- - From: Mineyahl, Zinah Sent: Friday, August 12, 2005 1:50 PM To: 'Keith Marvin' Cc: Morris, Annette - Dallas; 'jim @klaasmeyer.com' Subject: RE: Comcast Complaint Keith, As you have seen on the document sent by Jim Bartlett of Klaasmeyer, Mike signed a waiver of release for all the damages that he requested to be paid for. He wants both parties to pay him for the same thing twice. I understood that the check he received ended the matter. Is that your understanding? Thanks, Zinah - - - -- Original Message---- - From: Keith Marvin [ mailto:kmarvin @ci.coppell.tx.us] Sent: Friday, August 12, 2005 1:29 PM To: Mineyahl, Zinah Cc: Morris, Annette - Dallas Subject: Fwd: Comcast Complaint Zinah, I thought this gentleman's issue was resolved. It sounds like he still has a complaint with some of the work done by Comcast's contractor. Could you let me know the status of this. Thanks, Keith Keith R. Marvin, P.E. City of Coppell (972) 304 -7044 kmarvin @ci.coppell.tx.us Keith Marvin - RE: Comcast Complaint Page 2 >>> Michael Odle <odle @swbell.net> 08/12/05 6:53 AM >>> Mr. Marvin, This email confirms Comcast's unwillingness to negotiate a good faith resolution with me for damage caused by Comcast's contractor to my property (119 Mesquitewood Street) that occurred on July 16, 2005. The facts, in brief, surrounding this incident are as follows: Damage to my landscape: there is a sunken trench line that extends between the right -of -way and the side of my house where Comcast service wire stops on the wall. I have been hand - watering the grass on this trench line on a daily basis to keep it alive. The trench line, however, continues to sink. Time away from work: on 07/28/2005, Leroy Smith with Trinity Insurance (the authorized insurance company for Comcast's contractor) called to say that he would have to send a Claim Examiner from Penn - America to my house to view property damage. Mr. Smith asked that I be at my residence to meet the Claim Examiner. Mr. Smith also said the meeting would be at a time convenient for me and that I would not have to take time off from work. However, at 3:48pm that same day, another Trinity Insurance representative (Glenda) called to set the appointment and stated that an Examiner would meet me on Tuesday, August 2, 2005, between 1 pm and 4pm, which is during my work day. When I asked her if she could do this after business hours, she said that this time frame was the best she could do. SPECIAL NOTE: The Penn - America Claim Examiner never met with me on August 2, 2005. Either (1) the Penn - America Claim Examiner came to my residence but never contacted me (in which case I was not needed after all), or (2) no Penn - America Claim Examiner ever made a trip to my residence, nor did a Penn - America representative ever call me about this meeting to reschedule or to cancel. Cessation of cooperation: Penn - America sent me a letter in the U.S. mail dated August 2, 2005 (the very day that I was told to be home so a Claim Examiner could meet me at my residence) stating that they had closed the file on the damage to my property and consider the issue settled. Mr. Marvin, Comcast will not return my phone calls and has denied my request to negotiate a good -faith settlement on damages. Your assistance in helping me resolve this matter would be greatly appreciated. Thank you, Michael B. Odle 119 Mesquitewood Street Coppell, Texas 75019 Cc: Federal Communications Commission Public Utility Commission of Texas Keith Marvin - RE: Comcast Complaint Page 3 Better Business Bureau CC: "Morris, Annette - Dallas" < Annette _Morris2 @cable.comcast.com >, "'jim @klaasmeyer.com "' <jim @klaasmeyer.com >, <santos @sparuscorp.net>