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HomeMy WebLinkAbout05-19-10 (24),Aa pvN1 N fil ~ / '~\ ~~ RECEIPT OF D)4STRIBUTION, RELEASE AND INDEMNITY AGREEMENT This re eipt, rel!~a e, and i demnity agreement (hereinafter called the "RELEASE") is given this day of '~ Q~i2009, by: Quantum Imagaing & Therapeutic Assoc. (hereinafter celled the "CLAIMANT") to and in favor of KEYSTONE GUARDIANSHIP SE~VICES, (ADMINISTRATOR) of the CYNTHIA N. STAGER ESTATE (hereinafter ailed "ADMINISTRATOR"). For the purpose of inducing the ADMINISTRATOR to make the distribution described herein, and intending to,be legally bound, the Claimant hereby represents, warrants, convenants and agrees as follows: 1. Acknowledgment ofl Receipt -The Claimant acknowledges that he will receive of and from the Fiduciary the f~llowing securities upon returning this Receipt & Release document properly signed, wit essed and notarized to the department. Cash' - In the form of a check in the amount of 5702.02 2. Release -AND THI~REFORE, the Claimant hereby does by these presents remise, release, quit-claim, and forever discharge the said Administrator, their heirs, successors and assigns of and from the said p 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 think whatsoever. 3. Indemnity Agreemenlt -The Administrator has indicated a willingness to make a distribution without the adjudication by the Court. Accordingly, the Claimant agrees to indemnify the Administrator and hold 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 Administr for may be subjected by reason of its administration of the account. In connection with this Agreement, the Claimant agrees to: a) Refund or return promptly upon the Administrator written demand, any funds or assets distributed by the Administrator to the Claimant, if the distribution thereof is determined at any time to ha a been an erroneous or negligent distribution to the Claimant, whether such error or negligence was or was claimed to have been premised upo mistake ~' l f f ~ aw or o act. p o :~ ~ ~ _ n ~; - '< r c- rn Page 1 of 2 Pages ~„~'~. ten` ~ ~ <: -:~ ; ~i ~" ~!~ t~C7 ~~ <"'' r-~ ~C ~ - ~~ ~? ~ ~.. "~ ~u~ „,. .. b) Modify and displace any otherwise applicable period limiting the time within which the Administrator ~ction to collect an erroneous or negligent distribution must be commenced, so', as to provide that the Administrator need not commence an action to collect an erroneous or negligent distribution to the Claimant until two (2) years after such time as the Administrator shall have obtained actual knowledge of such error or negligence. 4. Miscellaneous -The 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 persist 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 ch~dren with respect to whom the Claimant is a natural guardian. IIV WITNESS WHEiI~tEOF, the Claimant has executed and sealed this Release on the date first above inscribed pnd the presence of at least two (2) witnesses. BY: Quantum~,Ima~gaing & Therapeutic Assoc. ~i' I ~~%I ~ ~ ~~~~dr /', V Authorized Representative of Claimant WITNESSES: . ./y, (~SS ONE QA !~~ (WITNESS TWO) Page 2 of 2 Pages