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This question is in regards to a settlement offer that I received

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This question is in regards XXXXX XXXXX settlement offer that I received to withdraw a statement of claim that I filed in Pennsylvania. I received "THIER" General Release Statement that I will agree to in regards XXXXX XXXXX aspects. I, however, don't feel comfortable with the terminology they used that they want me to sign, notarize, & fax to them.
The following are my questions that I want to add & delete concerning their wording:
1- I accept & release all claims up to and including today's date of August 3, 2010.
2- This release is for all claims against SCSS & its related affiliates strictly in regards XXXXX XXXXX location of 3105 North 5th Street Philadelphia, Pa 19133. SCSS account number 111123025286. (I have 2 locations with this company)

- Where and when do I file the necessary paper work to dismiss this claim but I have not yet received the money? The court dated is in 2 days.






GENERAL RELEASE AND
SETTLEMENT AGREEMENT


TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, GREETINGS, KNOW YE, that Fifth Street Auto Parts, Inc. located atXXXXX Philadelphia, PA 19133 for and in consideration of an amount of $6684.17 received by it from Stanley Convergent Security Solutions, Inc.(“SCSS”), the receipt whereof is hereby acknowledged, has remised, released and forever discharged, and by these presents does for himself and his heirs, executors, representatives and assigns, remise, release and forever discharge the said SCSS, its predecessors, parents, subsidiaries, affiliates, successors and assigns (herein collectively referred to as “SCSS”), of and from all manner of actions, causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, in admiralty, or in equity, which against said SCSS it ever had, now has or which it or its heirs, executors, representatives and assigns hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of these presents, including without limiting the generality of the foregoing, any and all claims of any nature whatsoever, relating to, arising out of, or connected with the security system installed at the aforementioned location.

DISMISSAL OF ACTION Upon receipt of the consideration identified in the paragraph above, Fifth Street Auto Parts, Inc. shall file the necessary paperwork to dismiss the Small Claims Complaint filed by it against SCSS in the Philadelphia Municipal Court, First Judicial District of Pennsylvania.

IN WITNESS WHEREOF, the said Fifth Street Auto Parts, Inc. has signed these presents on the ________ day of July, 2010 ( I have to change this to today’s address)

Signature:____________________________

Printed Name:________________________

Title:________________________________
Notary Public
My Commission Expires:________________
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Pro replied 4 years ago.
What was your cause of action against them in the matter?
Customer: replied 4 years ago.
I have a $5,000 peformance warranty that guarantees me that amount if I have a break-in and they fail to notify the police. I purchased from them a cellular back-up phone system that in a case the phone line is compromised, the police are automatically dispatch. That night, my phone line was down, and they failed to notice that. I have all the records including a letter from Verizon's Goverment Relations Dept. indicating the same. Over 1 year with 4 certified letters they refused to respond to me. I only received a fax denying my claim with no explaination. It simply states that my claim has been declined. No other information is available at this time. I wrote in my staement of claim ststing that I seek $14,000 which includes moneys from the tools, damage, and items that were stolen. This statement included the wording that The $14,000 includes damages for their, lack of cooperation, lack of professional misconduct, and the claim boarding on consumer fraud. I waive the $14K & submit the claim in small claims court to receive only 10K
Expert:  Law Pro replied 4 years ago.
So you do agree with the settlement amount though being offered in resolution of the matter?
Customer: replied 4 years ago.

YES...I am really only entitled to $5,000 but I worded the claim so the Judge might view how the biggest security company in the US treated a valued customer for over 30 years. Based on my constant attempts to talk to someone...I was intentional mistreated with the hopes that I would go away. I have 2 locations that once this is settled I am going to send them a cerified letter to try and attempt to settle another issue with my other location hat I am in the right. That is why I need the release to say that account location only and that this release is for any & all claims against their company but not future issues.

Expert:  Law Pro replied 4 years ago.
Settlement Agreements are a matter of negotiation between the parties. As such, I veery much doubt that they will agree to such. Even if they did agree to such - there is other wording within the settlement agreement which would potentially preclude you from a second recovery for the other location.

Too, they very much know the contract, it's disclaimers, and it's limitations on damages (they wrote the agreement).

Moreover, to the extent you have insurance coverage you cannot collect twice for the same damages - just the breach of contract with the provider.

As such, I would just accept the settlement agreement and realize that's all your going to recover in the matter.

However, if you want to roll the dice - you can go to court and try the matter. But one never knows what a judge is going to award and that's a risk itself.

This is most likely being covered by their own insurance company and therefore they will probably NOT agree to any changes in the settlement agreement or release.








Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
Customer: replied 4 years ago.
Ok... but their contract does say even if I have insurance, they will still honor the claim even if I am insured. So I will accept their statement precluding me for any future claims. Though my other company is Trading As Allegheny Auto Parts with a different address that is mentioned in the suit. The last sentence does say arising out of or connected with the security systems installed at the formentioned location. My other location has a totally different address. I'll just sign and roll the dice based on their wording and see if they settle the other claim since the claim is only for $500.00....What the heck...it can't hurt to try...
Expert:  Law Pro replied 4 years ago.
So your in Allegheny County - correct? Where in Allegheny County?
Customer: replied 4 years ago.

Philadelphia...Do I have to go to the Prothonatary Office to drop the claim eventhough I have not yet been compensated. Allegheny Auto Parts is on a street called Allegheny Ave. Same thing with 5th street auto parts. So if you need auto parts just let me know! Any search of 5th street auto philadelphia on the net will get you plenty of info and my phone #

Expert:  Law Pro replied 4 years ago.
Yes, you need to dismiss the action with the clerk - done through the Prothonotary's Office or Recorder's Office.

I'm in Pgh. - so I thought with the "Allegheny" in the name you were close by with the second store.

I think your stuck with this release and they won't change it but roll the dice and see what the court/judge awards if you won't agree.

Sorry. I realize your frustration when you were depending upon the security system and it didn't work when needed.






Please click on the ACCEPT button for my answer so that I receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.

Customer: replied 4 years ago.
So I'll go and drop the charges BEFORE I get the money and I will do his tomorrow since the suit is scheduled for Thursay.
Expert:  Law Pro replied 4 years ago.
Sounds good. Good luck!!!
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Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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