HomeMy WebLinkAbout12-17-10Jeffrey R. Boswell, Esquire
Supreme Court I.D. #25444
TINTNER & PICCOLA
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IN RE: THE CHARLES H. CLARK :COURT OF COMMON PLEAS
FOUNDATION :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ~ ! - /v _ /~ ~v
PETITION FOR DISSOLUTION AND DISTRIBUTION
AND NOW, comes The Charles H. Clark Foundation, by its attorney, Jeffrey R.
Boswell, Esquire, and files this Petition for Dissolution and Distribution to obtain Court
approval for the distribution of its remaining assets, after satisfaction of all of its
obligations to The J. Herman Bosler Memorial Library and, in support thereof, makes
these averments, as follows:
1. The Charles H. Clark Foundation ("hereinafter referred to as the
"Foundation"), by Order of Court dated December 20, 1954, by The Honorable Paul G.
Smith, President Judge of the Court of Common Pleas of Dauphin County, as entered
on December 21, 1954, whereby the Court of Common Pleas of Dauphin County,
approved the application for a Charter and the Articles of Incorporation of The Charles
H. Clark Foundation, filed according to the requirements of the Act of May 5, 1933 (P.L.
289, No. 105), known as the Nonprofit Corporation Law of 1933, a copy of which Order
of Court is attached as Exhibit "A."
2. On December 22, 1954, the incorporators of the Clark Foundation, namely
Florence N. Clark, Robert W. Chilton, Robert A. Craig, Jr., Virginia C. Chilton, Evelyn C.
Craig, Samuel Handler, Esquire, and William D. Boswell, Esquire, held the First Meeting
of Incorporators to acknowledge the filing of the Articles of Incorporation of The Charles
H. Clark Foundation, dated December 20, 1954, as recorded on December 21, 1954, in
the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, together
with the Order of Court entered by The Honorable Paul G. Smith, President Judge of
the Court of Common Pleas of Dauphin County, which documents constitute the
Charter of the Foundation, and, thereafter, by resolution to accept the Articles of
Incorporation so that the Foundation might proceed to do business thereunder. A copy
of said Articles of Incorporation, as contained in the minute book of the Foundation, are
attached as Exhibit "B."
3. At that First Meeting, the Directors elected the Board of Directors comprised
of Florence N. Clark, Virginia C. Chilton, Evelyn C. Craig, Robert W. Chilton, and Robert
A. Craig, all of whom reside in the Borough of Carlisle.
4. The Articles of Incorporation state the purposes of the corporation in
Article 3`d, as follows:
The purpose or purposes of the corporation are:
1. To be organized and operated exclusively for religious, charitable,
scientific, literary and educational purposes.
2. To assist, financially or otherwise, any corporation, trust, community
chest fund or foundation, organized and operated exclusively for religious,
charitable, scientific, literary or educational purposes.
2
3. To receive and accept, if the Board of Directors deem advisable, gifts,
donations, contributions, grants, devises and bequests for administration and in
pursuance of the foregoing purposes.
5. The Articles of Incorporation state the not-for-profit nature of the corporation in
Article 4th, as follows:
This corporation does not contemplate pecuniary gain or profit,
incidental or otherwise, to its members. There shall be no dividends or profits
distributed among the members but all net profits and net gains arising from the
operation and conduct of the corporation shall be applied and devoted
exclusively to religious, charitable, scientific, literary or educational purposes.
6. The Articles of Incorporation state in Article 5th that the term of its existence is
perpetual.
7. The Articles of Incorporation in Article 8th state that the corporation is
organized upon anon-stock basis.
8. The Foundation generally held its annual meetings at its registered office at
Room 800, Blackstone Building, 112 Market Street, Harrisburg, Pennsylvania.
However, according to the Foundation's corporate Minutes, special meetings of the
corporation were held at 342 North West Street, Carlisle, Pennsylvania, as early as
December 30, 1958.
9. The Foundation maintained an office in the Borough of Carlisle from 1958 to
the present time and, the Foundation noted on its Form 990-PF filed with the Internal
3
Revenue Service for the tax year 1985, its address at Farmer's Bank Trust Building,
Suite 206, Carlisle, PA 17013.
10. The Foundation maintained its office in what was formerly known as the
Farmer's Bank Trust Building, at One West High Street, Carlisle, Pennsylvania, from at
least the 1980's until the present date.
11. The Board of Directors, by resolution adopted unanimously, on
December 22, 1954, designated Farmer's Trust Company, Carlisle, Pennsylvania, as
the depository for the cash assets of the Foundation.
12. The Foundation has maintained it cash accounts at the Farmer's Trust
Company, and its successor financial entities, in the Borough of Carlisle, from 1954 to
the present time.
13. The Office of Commissioner of Internal Revenue, U.S. Treasury Department,
determined the Foundation was exempt from federal income tax as an organization
described in Section 501(c)(3) of the Internal Revenue Code, as it was shown to be
organized and operated exclusively for charitable purposes, by its opinion dated
December 13, 1957, which status has been maintained through appropriate Form 990-
PF Return of Private Foundation filings.
14. The Foundation operates on a calendar year basis.
15. Charles H. Clark was President of Federal Equipment Company that was
established in the Borough of Carlisle in 1911. At its plant previously occupied by the
Carlisle Body and Gear Works, located at the corner of North West and Lincoln Streets,
Federal Equipment Company manufactured post office furniture and then lock boxes
and lock box mechanisms for the United States Postal Service.
4
16. Charles H. Clark died on June 6, 1952, thereupon, his heirs acted to create
The Charles H. Clark Foundation to support religious, charitable, scientific, literary, and
educational organizations, including the J. Herman Bosler Memorial Library, which was
formerly known as The Bosler Free Library.
17. The Federal Equipment Company which continued to exist, eventually, by
merger, became known as Cutler-Federal, Inc., which maintained plants in Carlisle,
Pennsylvania, Rochester, New York, and Lakeland, Florida, to manufacture mail chutes
that were installed in buildings throughout the United States. In New York City, alone,
Cutler-Federal, Inc., mail chutes were installed in approximately 3,000 buildings, most
notably the Empire State Building. Similarly, mail chutes were installed in many now-
historic buildings such as the Waldorf Astoria Hotel and in Beverly Hills, California, in
the Beverly Hills Wiltshire Hotel.
18. Cutler-Federal, Inc., also made charitable contributions to The J. Herman
Bosler Memorial Library, which is also known as The Bosler Memorial Library.
19. The Bosler Memorial Library has provided educational programs for the ten
(10) grandchildren of Charles H. Clark and his spouse, Florence N. Clark, who was an
Incorporator of the Foundation.
20. The current Directors and Officers of the Foundation, James A. Chilton,
President, Charles R. Craig, Vice President, Ann C. Froehlich, Vice President, John C.
McKnight, Treasurer, and Mary C. Foote, Assistant Treasurer, have determined that the
best interests of the Foundation would be achieved after satisfaction of all obligations by
distributing remaining assets of the Foundation to other charitable organizations which
would fulfill the Foundation's stated charitable purposes.
5
21. At the special meeting held January 23, 2010, the Board of Directors of the
Foundation authorized James A. Chilton, the President, and Jeffrey R. Boswell, Esquire,
to develop a Plan of Dissolution for the Foundation.
22. Mr. Chilton and Mr. Boswell provided a Plan of Dissolution (the "Plan") to the
Board of Directors as then approved, providing for the distribution of remaining assets
after satisfaction of all obligations to The J. Herman Bosler Memorial Library, a
charitable organization, so qualified under Section 501(c)(3) of the Internal Revenue
Code, and which organization has been supported by the Foundation and by the stated
business entities continuously since 1955.
23. On September 23, 2010, the Board of Directors of The J. Herman Bosler
Memorial Library, also known as the Bosler Memorial Library, approved a motion stated,
as follows:
The Bosler Board of Directors gratefully acknowledges the announced
purpose of the Charles H. Clark Foundation to give the full value of the
balance of the Foundation upon its dissolution by the end of the year
2010. The Board directs that the future community room in the expanded
Bosler Memorial Library be named in order of the gift according to policy.
24. On October 4, 2010, Linda K. Rice, the Bosler Memorial Library's Executive
Director, communicated the action of The Bosler Memorial Library's Board of Trustees
to accept funds from the Foundation upon the Foundation's dissolution, as set forth in
the stated letter which is attached as Exhibit "C."
25. The Board of Directors of The J. Herman Bosler Memorial Library
unanimously adopted a Resolution, on November 18. 2010, whereby the Board of
6
Directors of the Bosler Memorial Library gratefully accepts the Foundation's distribution
of its remaining assets, upon the Court's approval thereof, stated, as follows:
WHEREAS, The Charles H. Clark Foundation (the "Foundation"), acting
through its Board of Directors, desires to dissolve the Foundation, pursuant to a
Petition for Dissolution to be filed in the Court of Common Pleas of Cumberland
County; and
WHEREAS, The Charles H. Clark Foundation, acting through its Board
of Directors will request the Court of Common Pleas of Cumberland County by
its petition to authorize its Board of Directors to distribute the remaining assets
of the Foundation to the Bosler Memorial Library to carry on its charitable
purposes which are consistent with the purposes of The Charles H. Clark
Foundation.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of
Bosler Memorial Library gratefully accepts the distribution of remaining assets
of The Charles H. Clark Foundation, upon its dissolution, as approved by the
Court of Common Pleas of Cumberland County;
BE IT FURTHER RESOLVED, that the Board of Directors directs that
the community room in the expanded Bosler Memorial Library to be constructed
in the near future be named "The Charles H. Clark Foundation Community
Room" in memory of the Foundation and its purposes, consistent with the
Bosler Memorial Library Development Policy, adopted September 23, 2010,
7
which Resolution is recorded as a Certification and Extract from the Minutes of the
Board of Directors Meeting held November 18, 2010, which is attached as Exhibit "D."
26. James A. Chilton, the President, communicated the action taken by the
Board of Directors of The J. Herman Bosler Memorial Library to the Foundation's
Directors who, by consensus, authorized the President and Counsel to prepare this
Petition for Dissolution and Distribution.
27. The Board of Directors thereafter, by Resolution, approved the dissolution of
the Foundation and distribution of remaining assets to The J. Herman Bosler Memorial
Library, upon approval thereof by the Court of Common Pleas of Cumberland County,
which Resolution is attached as Exhibit "E."
28. The Department of State, Commonwealth of Pennsylvania, certified the
Name Registration, filed December 14, 1954, and the Articles of Incorporation-Non-
Profit, filed on December 21, 1954, which appear on the record of the Department of
State, a copy of which Certification is attached as Exhibit "F."
29. The Board of Directors of the Foundation authorized actions to be taken, to
satisfy all obligations of the Foundation, to distribute remaining assets to the Bosler
Memorial Library and, thereafter, to file of Articles of Dissolution with the Corporation
Bureau, Department of Secretary of State, Commonwealth of Pennsylvania, prior to the
end of the Foundation's fiscal year, December 31, 2010.
30. The Court of Common Pleas of Cumberland County, Orphans' Court
Division, has jurisdiction to determine the disposition of the Foundation's remaining
property after satisfaction of the Foundation's obligations, pursuant to the current
Nonprofit Corporation Law of 1988, 15 Pa. C.S.A. § 5547 and § 5976.
8
WHEREFORE, the Foundation requests this Honorable Court to order the formal
dissolution of The Charles H. Clark Foundation with the provision that the Foundation's
remaining assets, after the payment of all obligations, be distributed to The J. Herman
Bosler Memorial Library to carry on the Foundation's charitable purposes which are
consistent with the charitable purposes of The Bosler Memorial Library and to enable
the expansion of The Bosler Memorial Library, including the addition of a community
room to be named "The Charles H. Clark Foundation Community Room" in memory of
the Foundation and its charitable purposes.
Respectfully submitted,
BOSWELL, TINTNER & PICCOLA
By:
Je y R. Boswell, Esquire
315 N. Front Street
Harrisburg, PA 17101
Phone (717-236-9377)
Fax (717-236-9316)
E-mail (jboswell@btpalaw.com)
Dated: December 15, 2010
9
ORDER OF COURT
AND NOW, this 20th day of December A. D., 1954, an appli-
cation for a Charter and the Articles of Incorporation of The
Charles H. Clark Foundation, under the "nonprofit Corporation
Law" approved May ~, 1933, as amended, having been submitted for
approval by me, a law Judge of said County, accompanied by proof
of the publication of notice of said application and a certifi-
cate of the Department of State showing the registration of
the proposed corporate name within six months of the date of the
application for the Charter, as required by law, I hereby certify
that I have perused and examined the said instruments and find
the same to be in proper form and within the provisions and re-
quirements of the Act of the General Assembly of the Commonwealth
of Pennsylvania, known as the "Nonprofit Corporation Law", ap-
proved May 5, 1933, P. L. 2$9, as amended, and that I further
find that the proposed purposes of said corporation are lawful
and not injurious to the community and that the name, The Charles
H. Clark Foundation, is presently approved for corporate use,
as evidenced by the certificate from the Secretary of the
Commonwealth issued within six months and filed herein. It is
hereby ordered, adjudged and decreed that the Articles of
Incorporation of The Charles H. Clark Foundation be and the
same are hereby approved and upon the recording of said Articles
and this Order, the subscribers thereto and their associates
i and successors shall be a body politic and corporate in deed and
in law by the name of The Charles H. Clark Foundation, which
EXHIBIT
i
shall exist perpetually and shall be invested with, and have and
enjoy all the powers, privileges and franchises incident to a
nonprofit corporation and be subject to all the duties, re-
quirements, and restrictions specified and enjoined in and by
the i1Nonprofit Corporation Law" and all other applicable laws
of this Commonwealth.
WITNESS MY HAND and the seal of the said Court.
~ Paul G. Smith
PresidentJudge _
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BOSLER
LIBRARY ~ ...Learning and Leisure for Your Lifetime
October 4, 2010
Mr. James Chilton
Charles H. Clark Foundation
1 W. High Street
Carlisle, PA 17013
Dear Mr. Chilton:
The Board of Trustees met yesterday and approved the acceptance of funds from the dissolution of the
Charles H. Clark Foundation. The Board designated this gift for the Building Expansion Project.
Your family's request to name the new community meeting room in the new library addition in honor of
your grandfather was also approved by the board. This is such a wonderful way to honor a man who
meant so much to the Carlisle community.
I have included the motion that was approved at yesterday's meeting.
The Bosler Board of Directors gratefully acknowledges the announced purpose of the Charles H.
Clark Foundation to give the full value of the balance of the Foundation upon its dissolution by
the end of the year 2010. The Board directs that the future community room in the expanded
Bosler Memorial library be named in order of the gift according to policy.
Adopted September 23, 2010
The Board of Trustees wishes to express its appreciation to your family for naming the library as the sole
recipient of funds -from the Charles H. Clark Foundation. To inspire others during our fund raising
endeavors, we request permission to announce this gift during our capital campaign.
We look forward to working with you to finalize this tremendous gift.
Sincerely, f~, .
Linda K. Rice
Di~teCtor ,_
EXHIBIT
v ~~
158 W. Hlgh Street, Carllsle~ PA i70i3-2988 (717) 243-4642 www.boslerllbrary.org bosler@ccpa.net
THE J. HERMAN BOSLER MEMORIAL LIBRARY CERTIFICATION AND
EXTRACT FROM THE MINUTES OF THE BOARD OF DIRECTORS
MEETING HELD NOVEMBER 18, 2010
The J. Herman Bosler Memorial Library, commonly known as Bosler Memorial
Library, was, in 1978, incorporated as a nonprofit corporation in the Commonwealth of
Pennsylvania and was determined by the Internal Revenue Service to be exempt under
Section 501(c)(3) of the Internal Revenue Code for its stated purpose "... acquiring and
maintaining a public library in the Borough of Carlisle, Cumberland County,
Pennsylvania, for the use and benefit of the citizens of said Borough and sojourners
therein." In a properly called meeting of the Board of Directors held on November 18,
2010, at which meeting a quorum was present and voting throughout, this Resolution
was unanimously adopted, as follows:
WHEREAS, The Charles H. Clark Foundation (the "Foundation"), acting through
its Board of Directors, desires to dissolve the Foundation, pursuant to a Petition for
Dissolution to be filed in the Court of Common Pleas of Cumberland County; and
WHEREAS, The Charles H. Clark Foundation, acting through. its Board of
Directors will request the Court of Common Pleas of Cumberland County by its petition
to authorize its Board of Directors to distribute the remaining assets of the Foundation to
the Bosler Memorial Library to carry on its charitable purposes which are consistent with
the purposes of The Charles H. Clark Foundation.
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of Bosler
Memorial Library gratefully accepts the distribution of remaining assets of The Charles
H. Clark Foundation, upon its dissolution, as approved by the Court of Common Pleas
of Cumberland County;
BE IT FURTHER RESOLVED, that the Board of Directors directs that the
community room in the expanded Bosler Memorial Library to be constructed in the near
future be named "The Charles H. Clark Foundation Community Room" in memory of the
Foundation and its purposes, consistent with the Bosler Memorial Library Development
Policy, adopted September 23, 2010.
ATTEST: THE J. HERMAN BOSLER
MEMORIAL LIBRARY
By:
ecretary President
November 18, 2010
EXHIBIT
THE CHARLES H. CLARK FOUNDATION
CERTIFICATION AND EXTRACT FROM THE MINUTES OF THE SPECIAL MEETING
OF THE BOARD OF DIRECTORS HELD DECEMBER 13, 2010
RESOLUTION
At a duly constituted special meeting of the Board of Directors of The Charles H.
Clark Foundation (the "Foundation"), a nonprofit corporation organized according to the
requirements of the Act of May 5, 1933 (P.L. 289 No. 105) known as the Nonprofit
Corporation Law of 1933, with notice for this special meeting waived by each Director,
at which special meeting a quorum was present and voting throughout, this Resolution
was unanimously adopted, as follows:
WHEREAS, the Board of Directors of the Foundation authorized James A.
Chilton, the President, and Jeffrey R. Boswell, Counsel, to develop a Plan of Dissolution
to enable the distribution of any remaining assets of the Foundation after satisfaction of
all of its obligations to one or more charitable entities which have a purpose consistent
with the Foundation;
WHEREAS, Mr. Chilton and Mr. Boswell investigated various proposals,
including grants to charitable organizations previously supported by the Foundation, a
grant to Dickinson College for scholarship purposes, and a grant to one or more
organizations for capital purposes, including a grant to The J. Herman Bosler Memorial
Library for its proposed building renovation and expansion; and
WHEREAS, Mr. Chilton and Mr. Boswell then provided a Plan of Dissolution for
consideration by the Board of Directors of the Foundation providing for the distribution
of remaining assets, after satisfaction of all obligations, to The J. Herman Bosler
Memorial Library, a charitable organization, so qualified under Section 501(c)(3) of the
Internal Revenue Code, which organization has been supported by the Foundation
continuously since 1955, which organization has a charitable purpose consistent with
the stated purpose of the Foundation, and which organization has approved a capital
campaign to be completed by 2013 for renovations and new construction which will
double the library's space and renovate the original 1989 building and that building's
1987 addition.
NOW, THEREFORE, BE IT RESOLVED, that The Charles H. Clark Foundation
formally approves the stated Plan of Dissolution, authorizes counsel to prepare the
Petition for Dissolution and Distribution to be filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, Orphans' Court Division, to obtain the Court's
approval for distribution of the Foundation's remaining assets after satisfaction of its
obligations and, thereafter, to authorize Counsel to file Articles of Dissolution with the
EXHIBIT
Corporation Bureau, Department of State, Commonwealth of Pennsylvania, to dissolve
the Foundation.
ATTEST: THE CHARLErS Hn. CLARK FOUNDATION
By: ~"''"'~ re i
Jeffrey R. Boswell, Secretary Jam A. Chilton, President
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
DECEMBER 16, 2010
TO ALL WHOM THESE PRESENTS SHALL COME, GREETING:
THE CHARLES H CLARK FOUNDATION
I, Basil L Merenda, Secretary of the Commonwealth of Pennsylvania
do hereby certify that the foregoing and annexed is a true and correct
copy of
1 NAIL REGISTRATION filed on December 14, 1954
2 ARTICLES OF INCORPORATION-NON-PROFIT filed on December 21,
1954
which appear of record in this department.
c
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused
the Seal of the Secretary's Office to
be affixed, the day and year above
written.
Secretary of the Commonwealth
EXHIBIT
' ' APPLICATION FOR REGISTRATION OF NAME
toe a
NONPROFIT CORPORATION
Tc- THE c~~-MMONWEALTH OF PENIv'SYLVANtA:
In compliance e•ith the provisions of Article II of the NonproRt Corporation Law, (Act of Msy
b, 19.5, P. L. 289> the undersigned incorporators deKiring to make application for the registration of
a proposed cnrpornte name, do hereby certify
1st: The name which the incorporators desire to uxe is THE CHARLES ..H... _CL~tK ..FOUN~ATI,QN
"nd: The addre•. of the proposed registered once of the corporation is ROOM X00, RL3ckstone
:uildizT, lI?_ F.arket Street, Harrisburg
in the count~• of Dauphin , C~~mmonwealth of Pennsylvania.
;3rd: Tfie purpaxe or purpo~ of the proposed corporation are:
To estahlish and maintain a foundation or fund
ror:~ ~vniCfi funds iri 11 be supplied for religious,
cnaritatle, scientific, literary or educational purposes.
't1.r.a~.~. Seal
irT~n~ a C. Chilton F1 r ce 1.~ ~C3a ~k
. ~, ~. ~'+,.~.~„~ seal ... _..... ...... ...... ~ .... seal
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__... » ve ~.vn '~: ~.raz~ er ~ . 1
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seal ... _ _ ..... ..._ . '. _____ .............. .... ..~...... Baal
Se~~' VGLert ~ Crai Jr.
..........__..._ ......._ ................_..._......... 9ea1
;~a..uela ~dler
seat "~• ~ ~_ .. ; ...... Sea]
.~illiar,. D. Boswell
iecorded December lb, lyrj4
btrleid in the office of the Secretary of the Commonwealth ...._... ..... . --_ ..................
"~: COMMONWEALTH OF PENNSYLVANIA
DEPA$TMENT nr fiTAT1::
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'.Certification#: )177)12-1 Yage I of 7 r~ ~`~~~~~_}`--` " ~ ~.
8!tretv7 d tAe C.m,.n.wwllh
Nt~TE: la1 Filing fee $10.00.
(bl At leavt 5 incorporators mU3t alga apjzliratlMl. J
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IN RL: s IN THE COU$T OF LOI+DON FLl~.
INCORAORATION OF THE t OF DAUPHIN COUNTY, PBMNA.
CHARLES H. CLARK FOUNDATION t N4. ioiF sept~p~ t~sia,19;
ARTIGLL9 OF! INGOR_pOR!Trnti
TO THE HONORABLE, THE JUDGES OF 9AID COURTi
In compliance with the raquiremonts of-the Aot o! the
General Assembly of the Commoni~realth or Pennsylvania, Icero~tn as
the Nonprofit Go~rporation Lax, approved the~Sth day of flay, A.D.
iy33, P. L. 269, and amendtasnts thereto, the undarasnsd, a12 of
whom ors residents of the Commomrea~.th of Pennsylvania sad aixi-
'Zens of the United Statss, dea~,ring thaE they may b~ in4QrpQrated
ag a nonprofit corporation, do hereby certit'yi
' lax. The name of the proposed corporation is I8E
,- ~y
. '.:S .a • !at!° ~ . !i ~i3i:jR i +. 'ii +~^~ ~.Lii T ~T M ra
ti:~ ~~..~~. ~.L~tr Vii. tic !~f.
3 .. ~;'9 -:5i vt~ Titi~r 6 Li •iLi~vp iEYTi2~S.~ .~~'~ 1 fl.~ ~+03~t~!'~ ~f Lhs °'~ 5:18 ~f La~~
,`. application for this charter.
2nd. The location an3 pant oft~_ce address oS its
~...^.:.*~,3L re~istarsd offiV.4 Z.. 'Gh1s Cotcmor.~alta is Ream AcN Blaa~~
stone i•uilding, 112 'Market Street, Harrisburg, Dauphin County,
a iannsylyar~Sa.
3rd. The purpose yr purposes of the corporation ayes
1. To be organised and operated sielueively !or
religious, charitable, scientific, literary and educational pur-
poses.
2. To assist, financially or other~ria~~, any
corporation, trust, community chest, fund or foundation,- organised
a~ operated exclusively for religious, charitable, aci~rntifSo,
literary or educational purposes. .
°n#: ~i~~~i2-i Y~Ke 2 ~'r ~ 3. To receive and accept. if the Boar!- or
Directors deem sdvisabl.a, gifts, doaationt, ccatrib~:`costs, fiats,
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-duet e~' t~ eorporatia-a hs7;1 ~-t-tpll~st ~l;~°_. ~~'l
'to ro3~suc, cfrabe, soioat!'3c, lit~nry~~ or ;sducatiawa'~,
' pnrposss,, .
nth. ~Thi term oi~ its s~i.stswss 3s psrpstva2.
v'~ '~":~.~ ',~~i ~~~ III' ~s~~~~fi ~~ ~~~ •.-`~:.ti
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•tt~$2'+193 4f $#Cs'~ ~~ ~~ ~L~rCOr~.O: ;t ~3 .
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F~±°~s 8. Clark -
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Robert i~. Chi~.too t~ t~is~ B~~Lh, 3.trss v
' 'Cam, p'wm~sv,~~tait
Robert A. C~raia, Jr. sL
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93r61nia C. Chilton 419 1~ist 9~rnth 3+Grsat
Carlisle; !'~nasrl~aaia
Enslpn C. Craig S53 Sonth Blaasc.~r Stssst
Culisla, ~'sans~ri~aoia
8aasisl ~andlsr ..,
x$23 Rom S~ooeui Str~st
ltarrisburs,. Psa~uyl.~asfa •
William D. Hos~li 2863 it .
Harrtsb ~,, Psa~~ir~tn3,a
' .7th. Thy n~ss, aa~ addrsssoa of fire psHs6aii uha s~+s .'
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to act as diroators +~e-tl tbn slso~on Ot t.~~lr ~~~~ ~ E' F
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VirgSnia C.•Chilton 419 West South Street Yioe-Pr,~sideo`
Carliele~ Penaitlvania
Evvl n C. Crai
Y 6
S55 South
Hanover Street
seeret~n~+~wwn-r
Cariis~e, Peneurivaoia
Robert W. Chilton 1,19 Wset South Street Direete~~
• Garlisis, Pennsylvania
Robert A. Craig, Jr. 35`~j 8onth Hanover Stir•et DSleotO~~
Carlisle Pennsylvania
,, $th.. The corporation is to be or~acised npl-n a
non•ntook basis. '. ..
} 9th. The amount of assets, elaseified as to rural
•aad personal property, which the corporation till hf~e to start
r
its corporate Zonations, is:
• 1. Real property ~ Rotu
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~. Personsl p~reperby .. ~•eh ~ I,COp.tfQ
~P~:-;:~"-~ ~ .. ~ ~" ~~ ~:~3 ~^. f ~ , ~•~+s~:. zi,Za f :.s~~r!L=~ 3. ~+i~~t,il's~ ^~ !4T2~
of the oth`sr directors or of any person employed.by an~r o! the
1ira~tcr~ c :d sal&cred Wit, raaSO".awls carp, a:td no d3.~~$c~:
saa~.i ~g iia:~ia cr ~,nv error of` ~•~g~ltt o Z1r asp a~:t acne o:.
y stun ~:~can ~r emitted, uadnr the advice cf counsel, rci~ fog azy
~~
mistake of fact or as' 2awy or for anything ~ieh he ~~- do or
refrain from doing in good faith. No director sha~.l b~- respon-
sible for the validity of any gilt, grant,~dePiae or boquest
at any time made to this corporation for the uses and >>urposea
and upon the aonditiona h~reia expressed.
• 11th. Ths Board of DireeLore shall have the paMrr~
xithout the approval of the members of the corporation„ Lo
#: 9177912-1 Page 4 of 7
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CODN'1? OF DAIfPtixN 83:
On thin day of Dicembar, 19$4, b~t'a-=y ma, a .
Notary Public, tha ~undorai~ad ofticar, parsoaall~ appaarad
•
Floraac. N. Cork, Virginia C. Chilton, 3ril~ra C. Craii.
Robs~•t w. Chilton, Robert Ati Craig. Jr., 3a~wi ~M~ndlor and
Milldam D. Boa~nll, knaMa fie as to bo thoa ~rawa p,atsons M!-oda t
anon at-a sabacribad to the xitl~ia inlatrsuaiat
k ,and sahao~r7.adgad
that the sxrcutad tha :aaia for the purpoeas therein ooataia~l.
IN MITNBS9 NRRR,mOF, I hara~into s.t ~r hand -ant ,~llLoial
tisal . .~ .~-. ,,
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IN IiE: ~ iN THS GOVRT ~ oA~llDl( PL>3~
iNCORPOltAT10N OF THE pg DAppgTg Dppg~~~ p~~
CHARLES K. CLARK FOUNDATION J No. 1017 Seg-taiba=~ '1~ise,19S4
ORDZA OF COUBT
-
AND NOw, this ~_~aF of Deeember ,.~1., ],954. as
application for a Charter and the ArtioieQ of IneQrpe:atii0n et
The Charlsa~ H. Clark Foundat3'on, under the MNonprolit CorForatia
Law„ apgsov>td May 5, 1933, as sasnd~-d, harina bras •ub~itted tos
apprvYal br mo, a fax dudNo of said GeuntTj aacogisnied bypi~oof
,~
of the pubiicat~ ~~ of ~±ics oZ ~;d app;fontidi~ . i, csrzifi•
cats pf the Department of 3tat~ s~hexina the ra~iatrati,on of
tho ps*opoao3~ oorporate Hams within s!x moathe of the dais af' bhe
:3.^rGi~CSL~0i2 iL1I' 'fiil@ t:~$fir9r. •t3 ~ ~-3•w•~'~ "=:r a.2Y: ~ '=='~ - ~•.
. s tea; =gam ,.~i
.. .~ ..... ~i '-rA. s~.~C'? .~^:,~*, ~•'u.. ,...~:-~~~ waf'+.'~. +~7rll~i{~s wit. y~~1~s~ '~liai :%+u~a
~.«a ~aj~a ~v to in !s cps; fora and Kithta the pr4rieione and _re.
quirements of the Act of the General Assembly of the Cormmnaitt
vi i 3:i -ifiAtlL~s K:i^Lt~.'f A$ t~~ ~'~h?:Y.I'vf«.•`. '.3.5~"p~l'~~.'~'.~P. °~g4'~' $
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! . ; -,,s~ '~'.~v ~ ~ 1:33 , ?. ~,.. <$~-j a~ ~~od, sad *:~at I .s,--t~:+-:
~i:td tl~~-ti the proposed ~u.^~assa of ~ei.d eargerat±on axis .a~r:"t~..t
and not injurious to the cocauulty and that the rums, Ths ;harlea
H. Clark Foundation, is presant2r apprcFed~far corporate uaa,
as evidenCOd by tho eortifieata Pram the 3earatarY a! the Co:uea-
~ wealth issued within sfx s3onthe and filed herein. It is herebT
ordorodf ad~ud6ed and decreed that-ths Arbicls+~ at 2aa~orgorat-iva
Hof The Charles N. Clark Fovwdatioa bs~azd ebe easoi aru bsroby
approved and upon th• recordia6 of said Artilolsa sad ~bi.s Order,
CertificaCio )177912-1 P~~e E of 7
.the subscribers thereto anct their assoaittee and•snaausttora sis~I
~' be a. body pol.itia abd corporate in deed and in ~lar by +Elta ~.
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VERIFICATION
I, James A. Chilton, as President of the Charles H. Clark Foundation, hereby
verify that the facts contained in the foregoing Petition for Dissolution and Distribution
are true and correct to the best of my knowledge, information and belief, and, that, as
President, I am authorized to verify the facts in this Petition for the purposes contained
therein.
I understand that false statements herein are subject to the penalties of 18
Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
Ja s A. Chilton, President
DATE: December 15, 2010
10