wo FILED mn Frank R. Clesla, Esq, (232681966) DEC 03 204 4 GIORDANO, HALLERAN & CIESLA, P.C, iS 125 Half Mile Road, Suite 300, Red Bank, NJ. O7IOkaTHERINER. DUPUIS | 2 (732) 741-3900 ‘Attomeys for Mublenberg Regional Medical oe Foundation INTHE MATIER OF THE APPLICATION ] SUPERIOR COURT OF NEW. OF MUHLENBERG REGIONAL MEDICAL | CHANCERY DIVISION CENTER a New Jersey Non-Prost UNION COUNTY Corporation, AND THE MUHLENBERG INN-C- 107 FOUNDATION, aNew Jersey Non-Profit | DOCKET NO. C. Corporation. ” SiviL Action Pini, ORDER TO SHOW CAUSE 1 | UNNC-107 014 ‘THIS MATTER kaving been opened tothe Court on epplitton of Giordano, Halleran & Cicsle, P.C, attorneys for applicants Mublenberg Regional Medical Center (MMC) and Mublenberg Foundation (the “Foundation”), Frank R. Ciesla, Esq, eppearing, upon notice to the Attomey General of the State of New Jersey, andthe Court having considered the moving papers, briefs and arguments of counsel, forthe reasons set forth on the record, and for other good cause being shown; ITISonthis 3 day of _Deceenban 2014 ORDERED as follows: 1, MRMC and the Foundation seek relief vis an order ftom this Court, providing for, among other things: (@) That appropziste notice hes been provided tothe Attomey General pursuant fo NULS.A. 15:18-30(d) for MRMC and the Foundation to release or modify restrictions on institutional funds that were established more than 20 years ago on Sserecagn6 Averpnt Wd 86:08:2 prozreeg woe 4 0930 HALNdWO; )have a total velue of less than $250,000 and whose purpose bas become impracticable or impossible to achieve, (©) That pursuant to NLLS.A, 15:18-30(6) all funds and trusts (#3036, #3078, #3092, #3093, #3100, #3101, #3107, #3108 & #3114) held by or for MRMC and the Foundation for use by the nursing school formerly sponsored by MRMC may be used to support the JPK Muhlenberg Harold B. and Dorothy A, Snyder School of Nursing (“School of Nursing”) which remains on the MRMC campus and provides the same services it provided before the closure of the MRMC acute care facility, (¢) Finding that the purpose of several institutional fumds held by the Foundation ‘for completed capital campaigns and completed equipment purchases (Fund #3024, #3030, #3075 & #3094) have become impracticable, Further ordering that pursuant to NJ.S.A, 15:18-0(c), the Foundation may fix this clerical error by finally debiting these funds end using them towards & charitable purpose consistent withthe original charitable purpose of the gift. Specifically, the funds are to be used for the relocation of the present satellite emergency department, outpatient imaging, outpatient laboratory, mobile intensive care unit, basic life support activity services as well as other services operated by MRMC affiliates to another location on the MRMC campus ald the renovation thereof (the "Project") and to offset costs incurred by licensed MRMC affiliates in providing health care services in the MRMC service atea, @ Finding the purpose of several institutional funds maintained by the Foundation (#3004, #3006, #3023, #3025, #3071, #3083 and #3088) have | ‘ecerecaeos Avmonf Wie E08:% phozsmeeqbbeen frustrated and have become impossible to achieve, Further ordering that pursuant to NLSuA. 15:18-30(c), the Foundation may continue to use these funds to benefit the MRMC service area by applying these funds to the Project and to offset the costs inourred by MRMC affiliates in providing health care services in the MRMC service area, (©) Finding that the purpose of the Edwerd MeCarthy Jr. Trust, a trust maintained by third party trustees for the benefit of MRMG, has been frustrated, Pursuant to the cy pres doctrine, the income from this trust provided to or cuzrently in the possession of MRMC/Foundation shall now be used to purchase medical end surgical equipment for the MRMC satellite emergency room, outpatient laboratory and outpationt imaging, a use thet is consistent with the charitable ‘purpose for which this trust was created and in eccordencs with the apparent intent of the donor, (@® For such other relief as the Court may deem just and equitable, 2, Before any such relief will be considered, MRMC and the Foundation will first provide notice to interested parties using the form attached hereto. No later than saath 2014, MRMC and the Foundation shell publish this form as follows to: 2) The Acting Attomey General of the State of New Jersey via certified mail; ) The general public via newspaper advertisement in Stak LedgéR and by posting on the following website: (Muhlenberg Regional Medical Center ) bttp:/fflne. fe Go Seeresgq0e Ken We Be08:2 vioenree0©) The following individuals and entitles who have expressed interests in uch matters: Nancy A, Piwowar Muhlenberg Research group Plainfield, NJ. Deborah J, Dowe Muhlenberg Independents Plainfield, N.J. VernitaB, Sias-Hil, Baq, Corporation Counsel City of Plainteld 515 Watchung Avenue Plainfield, NJ 07061 4) The following trustee, via certified mail, who hold funds for the benefit of MRMC and/or the Foundation: + PNC WEALTH MANAGEMENT, Keili Chrlatensen, 454 State Route 28, Bridgewater, NJ 08807 o/b/ Bdward McCarthy Jr. T/W FBO PLED FDN Trust; 3. After proof that such notice has been provided, the Acting Attomey General of the State of New Jeesey shall show cause before this Court atthe Court House, Bliabeth, Now semeyonite $day of Loma 20151200 em ora oon too cose my be heard, as to why this Court should not exeoute the form of final order submitted by epplicants together with its moving papers. ow eseresg906 Aeron Ne 96:08: piozmmea4, Parties shall notify the court of their appearance by filing responsive pleadings, if any, with the Court and served upon counsel for the applicants no later than fifteen (15) days prior tothe retum date hereof. 5. A.copy of this Order shel} be served upon the attorney general of the State of New Jersey and Tats within 2 “days of the date hereof in the manner prescribed by Rule 4:4- 4()7: and Halt VIS. PAPERS CONSIDERED: kath erine R. Dupala, FUSE order to Show Cause _AWerified Complaint __ Answering Affidavits _— Answering Briefs Other eee ni mast6ont os Sserece96 Auerent Wid @6:08:2 pLogmeeq