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HomeMy WebLinkAbout05-19-10 (8).. o~- ~s-- This receipt, re ase, and indemnity agreement (hereinafter called the "RELEASE") is given this ~_ day of (2009, by: Holy Spirit Hospital (hereinafter 'lied the "CLAIMANT") to and in favor of KEYSTONE GOARDIANSHIP S VICES, (ADMINISTRATOR) of the CYNTHIA N. STAGER ESTATE (hereinafter Iled "ADMINISTRATOR"). For the purpos f inducing the ADMINISTRATOR to make the distribution described herein, and intending t e legally bound, the Claimant hereby represents, warrants, convenants and agrees as follows: I . Acknowledgment Receipt -The Claimant acknowledges that he will receive of and from the Fiduciary the Mowing securities upon returning this Receipt & Release document properly signed, wi ssed and notarized to the department. In the form of a check in the amount of $5736.15 2. Release - AND T BEFORE, the Claimant hereby does by these presents remise, release, quit-claim, and for v 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 Agreem without the adjudi Administrator and Claimant from the any and all liabili which the Admini connection with th a) Refund. or rett distributed by at any time to such error or law or of fact. t -The Administrator has indicated a willingness to make a distribution ion by the Court. Accordingly, the Claimant agrees to indemnify the dd them harmless, to the extent of any funds or assets received by the lministrator hereunder, from and against the Claimant's pro rata share of (including attorney's fees and other costs or expenses of defense) to ~tor may be subjected by reason of its administration of the account. 1n agreement, 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 Claim~t whether igence was or was claimed to have been premised upon take o~ ('T'1 C ~ ~ Page 1 of 2 Pages c ~ c~ `-~, a n~ ~ .p ---a ~D ' _ ~' CJ1 S f ~I r~ ~ ~ r .~ t:, ~ _f rt-? ~.~~~~ Ali ,I7 t;, C:. c') -~ f ri ~I •~C;y i i b) Modify and dis ace any otherwise applicable period limiting the time within which the Administrator a tion to collect an erroneous or negligent distribution must be commenced, s to provide that the Administrator need not commence an action to collect an erro ous or negligent distribution to the Claimant until two (2) years after such time as Administrator shall have obtained actual knowledge of such error or negligence. Miscellaneous - TIheJ construction, effect, validity and performance of this Release shall be governed in all respe~ts by the laws of the Commonwealth of Pennsylvania. 4. The provisions of thereof shall be provisions shall pe hereof. This Release sh: together with any IN WITNESS first above ins. Release shall be deemed severable in the event that one or more ed invalid or unenforceable, with the effect that the remaining as if such invalid or unenforceable provision had never been a part the Claimant his heirs, representatives, successors, and assigns with respect to whom the Claimant is a natural guardian. )F, the Claimant has executed and sealed this Release on the date the presence of at least two (2) witnesses. BY: Holy Spirit Hospital ~• A rued Represents ' f Claimant Page 2 of 2 Pages