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HomeMy WebLinkAbout05-19-10 (5)~a ~J~~.. This receipt, re given this ~$_ day of and indemnity agreement (hereinafter called the "RELEASE") is a-~1~ o ~ 2009, by: Guistwhite Family Practice (hereinafter GUARDIANSHIP Sl ESTATE (hereinafter For the purpo herein, and intending and agrees as follows: 1. Acknowledgment the Fiduciary the properly signed, w the "CLAIMANT") to and in favor of KEYSTONE ES, (ADMINISTRATOR) of the CYNTHIA N. STAGER "ADMINISTRATOR"). inducing the ADMINISTRATOR to make the distribution described legally bound, the Claimant hereby represents, warrants, convenants pt -The Claimant acknowledges that he will receive of and from ~g securities upon returning this Receipt 8c Release document and notarized to the department. In the form of a check in the amount of $252.46 2. Release - AND T BEFORE, the Claimant hereby does by these presents remise, release, quit-claim, and fore r discharge the said Administrator, their heirs, successors and assigns of and from the said yments to me and of and from all actions, suits, payments, accounts, reckonings, claims d demands whatsoever, for or by reason thereof, or of any other act, matter, cause or thi whatsoever. 3. Indemnity Agreerr without the adjudi Administrator and Claimant from the any and all liabili which the Admini connection with th a) Refund or reti distribwted by at any. time to such error or Iaw or of fact. - The Administrator has indicated a willingness to make a distribution on by the Court. Accordingly, the Claimant agrees to indemnify the d them harmless, to the extent of any funds or assets received by the ninistrator hereunder, from and against the Claimant's pro rata share of including attorney's fees and other costs or expenses of defense) to or may be subjected by reason of its administration of the account. In greement, the Claimant agrees to: promptly upon the Administrator written demand, any funds or assets Administrator to the Claimant, if the distribution thereof is determined e been an erroneous or negligent distribution to the Claimant, whether igence was or was claimed to have been premised upon a mistake of Page 1 of 2 Pages 4 ~ [~"'~~ ~ ~ ] k ~ -- , , m _. ~ -~ r=j ~ '~ iJ~ -- _m r CJt '~ C') Cis ., 4 b) Modify and dis 1' ce any otherwise applicable period limiting the time within which the Administrator tion to collect an enoneous or negligent distribution must be commenced, so s to provide that the Administrator need not commence an action to collect an erro us or negligent distribution to the Claimant until two (2) years after such time as th Administrator shall have obtained actual knowledge of such error or negligence. Miscellaneous - The'construction, effect, validity and performance of this Release shall be governed in all res c~ts by the laws of the Commonwealth of Pennsylvania. The provisions of s Release shall be deemed severable in the event that one or more thereof shall be d ~med invalid or unenforceable, with the effect that the remaining provisions shall pe ~st as if such invalid or unenforceable provision had never been a part hereof. This Release shall ind the Claimant his heirs, representatives, successors, and assigns together with any c i dren with respect to whom the Claimant is a natural guardian. IN WITNESS OF, the Claimant has executed and sealed this Release on the date first above inscribe nd the presence of at least two (2) witnesses. BY: Guistwhite Family Practice Authorized Representative of Claimant WITNESSES: ~ ~~ (WITNESS ONE) (WITNESS TWO) Page 2 of 2 Pages