GIORDANO, HALLERAN & CIESLA A PROFESSIONAL CORPORATION ATTORNEYS AT LAW ARIG. BURD, ESQ. (732) 741-3900 ALSO ADMITTED TO PRACTICE IN NY FAX; (732) 224-6599 ABURD@GHCLAW.COM DIRECT DIAL: (732) 219-5485 ‘wwww.ghelaw.com December 15, 2014 Client/Matter No. 16049-6 VIA FEDEX Deborah J. Dowe Muhlenberg Independents 812 Central Street Plainfield, N.J. 07062 RE: Inthe Matter of the Application of Muhlenberg Regional Medical Center and Muhlenberg Foundation Docket No. C-107-14 Dear Ms. Dowe: Enclosed please find an Amended Order to Show Cause and Public Notice document issued by the Honorable Katherine R. Dupuis, P.J.S.C. This Amended Order to Show Cause has changed the following deadlines set forth in the initial Order to Show Cause’ * The Public Notice will now be published by December 17th. * The public will have till January 15th to file a response. © The public hearing will be held on January 23rd. If you have any questions, please do not hesitate to contact our office. Very truly yours, fen x7 ARIG. BURD, ESQ. Does 41768674611 PLEASE REPLY To: 125 HALF MILE ROAD, SUITE 300, RED BANK, NEW JERSEY 07701-6777 Do NOr REPLY To: TRENTON OFFICE: 44] EAST STATE STREET, TRENTON, NEW JERSEY 08608Frank R, Cicala, Esq, (232681966) DEC 12 204 GIORDANO, HALLERAN & CIESLA, P.C. 125 Half Mile Road, Suite 300, Red Bank, NJ, 07701 KATHERINE R. DUPUIS (732) 741-3900 PJ.Ch. ‘Attomeys for Muhlenberg Regional Medical Center and the Muhlenberg Foundation IN THE MATTER OF THE APPLICATION | SUPERIOR COURT OF NEW JERSEY OF MUHLENBERG REGIONAL MEDICAL | CHANCERY DIVISION CENTER a New Jersey Non-Profit UNION COUNTY Corporation, AND THE MUHLENBERG FOUNDATION, a New Jersey Non-Profit | DOCKET NO. C-107-14 Corporation, \ Plaintiffs, | | AMENDED ORDER TO SHOW | CAUSE THIS MATTER having been opened to the Court on application of Giordano, Halleran & Ciesla, P. tomneys for applicants Muhlenberg Regional Medical Center (MRMC") and ‘Muhlenberg Foundation (the “Foundation”), Frank R. Ciesla, Esq, appearing, upon notice to the Attorney General of the State of New Jersey, and the Court ‘having considered the moving ‘paper, briefs and arguments of counsel, fo the reasons set forth on the record, and for other good cause being shown; TIS onthis {7" dey ot Decenpee 2014 ORDERED as follows: 1, MRMC and the Foundation seek relief via an order from this ‘Court, providing for, among other things: (a) That appropriate notice has been provided to the Attorney General pursuant to N.LS.A, 15:18-30(4) for MRMC and the Foundation to release or modify restrictions on institutional funds tht were established more than 20 year agohave a total value of less than $250,000 and whose purpose has become inpracticable or impossible to achieve, (©) That pursuant to NLS.A, 15:18-30(c) all funds and trusts (#3036, #3078, #3092, #3093, #3100, #3101, #3107, #3108 & #3114) held by or for MRMC and the Foundatioi for uge by the nursing school formerly sponsored by MRMC may be used to support the JFK Muhlenberg Harold B. and Dorothy A, Snyder School of Nursing (“School of Nursing”) which remains on the MRMC campus end provides the same services it provided before the clowure of the MRMC acute care facility (©) Finding thet the purpose of several institutional funds 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 NLS.A, 15:18-30(0), the Foundation may fix this clerical error by finally debiting these funds and using them towards a charitable purpose consistent with the original charitable purpose ofthe gift. Specifically, the funds are to be used for the relocation of the present satellite emergency department, outpatient imaging, outpatient laboratory, mobile intensive cere unit, basic life support activity services as well as other services operated by MRMC afilliates to another location on the MRMC campus and the renovation theceof (the “Project") and to offset costa incurred by licensed MRMC affiliates in providing health care services in the MRMC service area, (@ Finding the purpose of several institutional funds maintained by the Foundation (#3004, #3006, #3023, #3025, #3071, #3083 and #3088) havebeen frustrated and have become impossible to achieve, Further ordering that Pursuant to N.J.S.A, 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 incurred by MRMC affiliates in providing health care services in the MRMC service area, (6) Finding that the purpose of the Edward McCarthy Jr, Trust, a trust maintained by third party trustees for the benefit of MRMC, bas been frustiated. Pursuant to the cy pres doctrine, the income from this trust provided to or currently in the porsession of MRMC/Foundation shall now be usod to purchase medical ‘and surgical equipment for the MRMC satelite emergency roorn, outpatient Inboratory and outpatient imaging, a use thst is consistent with the charitable Purpose for which tis rust was created and in accordance 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 copies of the pleadings to the following parties no later than December 17, 2014: 8) The Acting Attorney General of the State of. New Jersey within in the manner prescribed by Rule 4:4-4(a)(7): and b) The following trustee, who holds funds for the benefit of MRMC and/or the Foundation:© PNC WEALTH MANAGEMENT, Kelli Christensen, 454 State Route 28, Bridgewater, NJ 08807 o/b/ Edward McCarthy Jr. T/W FBO PLFD FDN Trust, ©) The following individuals and entities who have expressed interests in such matters: Nancy A. Piwowar Muhlenberg Research group Plainfield, N.J 07063-1121 Deborah J. Dowe Mublenberg independents Plainfield, N.J. 07062 ‘Vernita B Sias-Hlll, Esq. Corporation Counsel City of Plainfield ‘515 Watchung Avenue Plainfield, NJ 07061 3, MRMC and the Foundetion shall provide natice to the general public using the proposed Public Notice that shall be published via newspaper advertisement in the Middlesex, Union and Somerset county editions of the Star Ledger and by posting on the following website: (Muhlenberg Regional Medical Center ) http//ifisme.orp/ifk-affliates/ifc-rpublenberg-campus. ‘Suoh notice shall be provided no later than Deoember 17, 2014 4, Aay pasty wishing to fle opposition must filing a responsive pleadings if any, with the Court and serve upon counsel forthe applicants no later than fifteen (15) days prior to the retum date hereof.5. After proof that such notice has been provided, the Acting Attomey General of the ‘State of New Jersey shall show cause before this Court at the Union County Superior Court, Chancery Division, New Annex Building 1" oor, Elizabeth, New Jersey, on the 13" day of January 2015 at 9:00 a.m, oF as soon thereafter as counsel may be heard, a to why this Court should not execute the form of final order submitted by applicants together with is moving papers. PAPERS CONSIDERED: Katherine R. Dupuis, PUS.C.” ___ Order to Show Cause _—_ Verified Complaint __ Answering Affidevite __ Answering Briefs Other Doce WIMQSE6-vLPUBLIC NOTICE On January 23, 2015, a hearing will be held at the Union County Superior Court, Chancery Division, located the New Annex Bldg,, 1* Floor, Elizabethtown Plz, Elizabeth, New Jersey regarding an Order to Show Cause filed by the Muhlenberg Regional Medical Center (°MRMC”) end the Mublenberg Foundation (the “Foundation”). ‘This Order to Show Cause seeks the following relief from the cour: (a) That appropriate notice has been provided to the Attorney General pursuant to NJ.S.A, 15:18-30(d) for MRMC and the Foundation to release or modify restrictions on institutional funds thet were established more than 20 years ago and have a total value of less than $250,000. (b) That pursuant to N.L.S.A, 15:18-30(¢) all funds and trusts held by or for MRMC and the Foundation for use by the nursing schoo! formerly sponsored by MRMC may be used to support the JF Muhlenberg Herold 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. (c) Finding that the purpose of several institutional funds held by the Foundation for completed capital campaigns and completed equipment purchases have become impracticable, Further ordering that pursuant to NWJ.S.A, 15:18-30(c), the Foundation may fix this clerical error by finally debiting these funds and using them towards a charitable purpose consistent with the 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 \nboratory, mobile intensive care unit, basic life support activity services as well as other services operated by MRMC affiliates to ancther location on the MRMC campus and the renovation thereof (the “Project”), as well as to offset costs incurred by MRMC’s affiliates in continuing to provide such health care services in the MRMC service area. (@ Finding the purpose of several institutional funds maintained by the Foundation have been frustrated. Further ordering that pursuant to NJ.S.A, 15:18-30(e), the Foundation may continue to use these funds to benefit the MRMC service area by applying these funds to the Project end to offset the costs incurred in providing health care services in the MRMC service area. (©) Finding that the purpose of the Edward McCarthy Jr. Trust, a trust maintained by third party trustees for the benefit of MRMC has been frustrated. Pursuant to the cy pres doctrine, the income from this trust provided to or currently inee ee ee consistent with the charitable purpose for which this trust was created and in accordance with the apparent intent of the donor. (® For such other relief as the Court may deem just and equitable. To obtain a free copy of the pleadings filed in support of this Order to Show Cause, please email request(@iifkheslth.org and a copy of the pleadings will be emailed back to the email address from which the request was sent, Copies of these documents may also be picked up at the following address: Reception Desk 80 James Street Edison, NJ 08820 Hours: 9:00am to 4:00pm If you wish to file a response to the Order to Show Cause, all such filings must be filed no later than January 15, 2015 at the following address: Superior Court, Chancery, General Equity New Annex Bldg,, 1* Floor, Elizabethtown Plz, Elizabeth, NJ 07207 With copies to: Frank R. Ciesla, Bs. Giordano Hallesan & Ciesla 125 Half Mile Road, Suite 300 Red Bank, NJ 07701 & Office of the Attorney General Attention: Jay A. Ganzman, DAG. Department of Law and Public Safety P.O. Box 106 Trenton, New Jersey 08625‘You may also appear on January 23, 2015 at the New Annex Bidg,, 1* Floor, Elizabethtown Plz,, Elizabeth, New Jersey to raise any objections to the granting of this Order to Show Cause, Dooe AI aT¥1