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HomeMy WebLinkAbout05-19-10 (23)~~ l RECEIPT OF DISTRIBUTION. RELEASE AND INDEMNITY AGREEMENT This receipt, release, and indemnity agreement (hereinafter called the "RELEASE") is given this day o~ 2009, by: Yellow Breeches EMS, Inc (hereinafter ailed the "CLAIMANT") to and in favor of KEYSTONE GUARDIANSHIP S)~RVICES, (ADMINISTRATOR) of the CYNTHIA N. STAGER ESTATE (hereinafter!ealled `'ADMINISTRATOR"). For the purpos~ of inducing the ADMINISTRATOR to make the distribution described herein, and intending t be legally bound, the Claimant hereby represents, warrants, convenants and agrees as follows: !~ 1. Acknowledgment f Receipt -The Claimant acknowledges that he will receive of and from the Fiduciary the ollowing securities upon returning this Receipt & Release document properly signed, wi essed and notarized to the department. - In the form of a check in the amount of $77.58 2. Release -AND TI~REFORE, the Claimant hereby does by these presents remise, release, quit-claim, and fore er discharge the said Administrator, their heirs, successors and assigns of and from the said ayments to me and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof, or of any other act, matter, cause or thi Q whatsoever. 3. Indemnity Agreement -The Administrator has indicated a willingness to make a distribution without the adjudic tion by the Cburt.~a,Accordingly, the Claimant agrees to indemnify the Administrator and bold them harmless, to the extent of any funds or assets received by the Claimant from the administrator hereunder, from and against the Claimant's pro rata share of any and all liability (including attorney's fees and other costs or expenses of defense) to which the Administrator may be subjected by reason of its administration of the account. In connection with thin Agreement, the.Gaimant agrees to: a) Refund or retu ,promptly upon the Administrator written demand, any funds or assets distributed by t e Administrator to the Claimant, if the distribution thereof is determined at any time to h ve been an erroneous or negligent distribution to the Claimant, whether such error or negligence was or was claimed to have been premised upon a mistal~of law or of fact. ~, ~ ~~~ 7Y rye.... 7j Page 1 of 2 Pages ~'~' ~ ~ ~ `-~-' ~ } ":- Uj tG ~ t--:- ~~~ t'~~~ri ~ c`,: C: c.7 C ~ !n rn vt _ ' '' C'~ . ~. _ tit ~~ b) Modify and di'place any otherwise applicable period limiting the time within which the Administrator action to collect an erroneous or negligent distribution must be commenced, s as to provide that the Administrator need not commence an action to collect an erro eons or negligent distribution to the Claimant until two (2) years after such time as a Administrator shall have obtained actual knowledge of such error or negligence. 4. Miscellaneous - Tl~e construction, effect, validity and performance of this Release shall be governed in all respects by the laws of the Commonwealth of Pennsylvania. The provisions of this Release shall be deemed severable in the event that one or more thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall pe#sist as if such invalid or unenforceable provision had never been a part hereof. This Release shall bind the Claimant his heirs, representatives, successors, and assigns together with any children with respect to whom the Claimant is a natural guardian. IN WITNESS WI~REOF, the Claimant has executed and sealed this Release on the date first above inscribe and the presence of at least two (2) witnesses. WITNESSES: (/W)'IT~NE~SS~ONE) I, py~~~~l Uhf I ~~G (WITNESS TW BY: Yellow Breeches EMS, Inc thorized ep ntative of Claimant Page 2 of 2 Pages