HomeMy WebLinkAbout03-18-11Jeffrey R. Boswell, Esquire
Supreme Court I.D. #25444
BOSWELL, TINTNER & PICCOLA
315 North Front Street
Harrisburg, Pennsylvania 171081
Phone (717-236-9377)
Fax (717-236-9316)
E-mail (jboswell@btpalaw.com)
IN RE: THE CHARLES H. CLARK
FOUNDATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-10-1240
PETITION FOR DISSOLUTION AND DISTRIBUTION
SECOND ADDENDUM
AND NOW, comes The Charles H. Clark Foundation, by its attorney, Jeffrey R.
Boswell, Esquire, and files this Petition for Dissolution and Distribution Second
Addendum 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. Jeffrey R. Boswell, Esquire, is the legal Counsel and is also the Secretary of
The Charles H. Clark Foundation (hereafter referred to as "The Foundation").
2. On December 17, 2010, The Foundation filed its Petition for Dissolution and
Distribution, as to which this Honorable Court has jurisdiction pursuant to Pennsylvania
Rules of Judicial Administration, Rule 2156, and the Pennsylvania Nonprofit Corporation
Law of 1988, 15 Pa. C.S.A. § 5547 and 5976.
3. On February 4, 2011, the Foundation filed its Petition for Dissolution and
Distribution Addendum ("Addendum") containing averments concerning official notice
given to the Borough of Carlisle and to the Attorney General of the Commonwealth of
Pennsylvania.
4. As explained in the Addendum, Attorney Boswell contacted the Pennsylvania
Department of Revenue and also the Pennsylvania Department of Labor and Industry to
request Clearance Certificates, to fulfill a statutory requirement for the corporate
dissolution.
5. As stated in the Addendum, the Pennsylvania Department of Revenue
provided its Tax Clearance Certificate, which was attached to the Addendum.
6. On March 7, 2011, Attorney Boswell received from the Pennsylvania
Department of Labor & Industry the "Clearance Certificate," dated February 28, 2011, in
which R. Scot Miedrick, Director, Office of Unemployment Compensation Tax Services,
stated, as follows:
I HEREBY CERTIFY that the above-named corporation has filed with this
Department all reports required to be filed by it, pursuant to the provisions of the
Pennsylvania Unemployment Compensation Law and Regulations promulgated
thereunder; and has fully paid all contributions and interest thereon known to be
due to the PENNSYLVANIA UNEMPLOYMENT COMPENSATION FUND.
A copy of the Certificate is attached and incorporated as Exhibit "A."
7. The Foundation has now completed all statutory requirements for the
corporate dissolution, so it can publish its official notice of its winding up and can file
Articles of Dissolution with the Department of State, Commonwealth of Pennsylvania,
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upon entry of a Decree providing for the formal dissolution of the Foundation and the
distribution as set forth in the Petition for Dissolution and Distribution.
WHEREFORE, The Foundation respectfully requests this Honorable Court to
enter a Decree providing for the formal dissolution of The Charles H. Clark Foundation
with the provision that The Foundation's remaining assets, after 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 names "The Charles H. Clark
Foundation Community Room" in memory of The Foundation and its charitable
purposes.
Respectfully submitted,
BOSWELL, TINTNER & PICCOLA
By:
Je rey R. Boswell, Esquire
315 N. Front Street
Harrisburg, PA 17101
Phone (717-236-9377)
Fax (717-236-9316)
E-mail (jboswell@btpalaw.com)
Dated: March 8, 2011
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VERIFICATION
I, Jeffrey R. Boswell, as Counsel and Secretary of The Charles H. Clark
Foundation, hereby verify that the facts contained in the foregoing Petition for
Dissolution and Distribution Second Addendum are true and correct to the best of my
knowledge, information and belief, and, that, as Counsel and Secretary, 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.
R--~.c._
Jeff ey R. Boswell
Counsel and Secretary
DATE: March 8, 2011
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'~ Pennsylvania
' DEPARTMENT OF LABOR & INDUSTRY
OFFICE OF UNEMPLOYMENT COMPENSATION TAX SERVICES
FEBRUARY 28, 2011
CLEARANCE CERTIFICATE
IN THE MATTER OF.-
THE CHARL E.S H. CL ARIA FOL~TL~A'I'ION
(NONPROFIT CORPORATION)
ONE WEST HIGH STREET, SUITE 210
CARLISLE, PA 17013
I HEREBY CERTIFY that the above-named corporation has filed with this De
reports required to be filed by it, pursuant to the provisions of the Pennsylvania Unemt lmoent all
Compensation Law and Regulations promulgated thereunder; and has full aid all c p yment
and interest thereon known to be due to the PENNSYLVANIA UNEMPLOYMENT COMPENibutions
FUND. SATION
C '
Director
Office of Unemployment Compensation Taxi Services
EXHIBIT
Department of Labor & Industry ~ Office of UC Tax Services ~ 651 Boas Street ~ Harrisburg, PA 17121 ~ www.dli.sta
Auxiliary aids and services are available upon request to individuals with disabilities, te.pa.us
uc-s2 REV 5-08 Equal Opportunity Employer/Program ~
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