PUBLIC NOTICE

On January 23, 2015, a hearing will be held at the Union County Superior Court, Chancery Division,
located the New Annex Bldg., 1st Floor, Elizabethtown Plz., Elizabeth, New Jersey regarding an Order
to Show Cause filed by the Muhlenberg Regional Medical Center (MRMC) and the Muhlenberg
Foundation (the Foundation). This Order to Show Cause seeks the following relief from the court:
(a)


(b)




(c)









(d)



(e)





(f)

That appropriate notice has been provided to the Attorney General pursuant to N.J.S.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 and have a total value of less than $250,000.
That pursuant to N.J.S.A. 15:18-30(c) all funds and trusts held by or for MRMC and the Foundation
for use 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 and provides the same services it provided before the closure of the
MRMC acute care facility.
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 N.J.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 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 and the renovation thereof (the Project), as well as to offset
costs incurred by MRMCs 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 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 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 the possession of MRMC/Foundation shall now be used to
purchase medical and surgical equipment for the MRMC satellite emergency room, a use that is
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@jfkhealth.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., 1st Floor, Elizabethtown Plz., Elizabeth, NJ 07207
With copies to:
Frank R. Ciesla, Esq.
Giordano Halleran & 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 Bldg., 1st Floor, Elizabethtown Plz.,
Elizabeth, New Jersey to raise any objections to the granting of this Order to Show Cause.