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RECO,RDED OFFICE OF
E TILES\CHents\15113 Methodist\15113.1_pet I(rev I)wpd REGISTER O F
ILLS
No V. Otto III, Esquire -,
I.D. No. 27763 AJ iv 3� �1 17 y5
Seth T. Mosebey, Esquire CLERK OF
I.D. No. 203046 ORPHAI7S' COURT
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMGERLM41) CO., RA
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
IN RE: CARLISLE UNITED METHODIST: IN THE COURT OF COMMON PLEAS OF
CHURCH, a Pennsylvania nonprofit CUMBERLAND COUNTY, PENNSYLVANIA
corporation
:ORPHANS' COURT DIVISION
NO. 261-3 - ,21 —1 H — C 3RQ
PETITION FOR COURT APPROVAL OF THE MERGER, TRANSFER,
AND CHARITABLE USE OF NONPROFIT CORPORATION ASSETS
AND NOW, comes CARLISLE UNITED METHODIST CHURCH, a Pennsylvania
nonprofit corporation("Carlisle United"),by and through its counsel,MARTSON LAW OFFICES,
and files this Petition for Court Approval of the Merger, Transfer, Charitable Use of Nonprofit
Corporation Assets, and in support thereof, avers as follows:
1. Carlisle United seeks the Court's approval of the merger of corporate entities and
transfer of corporate assets into Carlisle United and Carlisle United's continued use of the merged
entities' assets for the charitable purposes to which the assets were dedicated.
RELEVANT ENTITIES
2. Allison United Methodist Church was a Pennsylvania nonprofit corporation with an
address of 99 Mooreland Avenue, Carlisle, Pennsylvania 17013.
3. First United Methodist Church was a Pennsylvania nonprofit corporation with an
address of 64 West North Street, Carlisle, Pennsylvania 17013.
4. Grace United Methodist Church of Carlisle, Pennsylvania, was a Pennsylvania
nonprofit corporation with an address of 45 South West Street, Carlisle, Pennsylvania 17013.
5. Carlisle United is a Pennsylvania nonprofit corporation with an address of 45 South
West South Street, Carlisle, Pennsylvania 17013.
JURISDICTION
This Court has jurisdiction over this Petition and the merger of corporate entities, transfer
of assets and use of related proceeds and other assets pursuant to the following:
6. Sections 5547 (a) and (b) of the Pennsylvania Nonprofit Corporation Law of 1988,
as amended, 15 Pa. C.S.A. §§ 5547 (a) and (b) (the "Nonprofit Law"), provide as follows:
§ 5547. Authority to take and hold trust property.
(a) General rule. - Every nonprofit corporation incorporated for
a charitable purpose or purposes may take,receive and hold such real
and personal property as may be given, devised to, or otherwise
vested in such corporation, in trust, for the purpose or purposes set
forth in its articles. The board of directors or other body of the
corporation shall, as trustees of such property, be held to the same
degree of responsibility and accountability as if not incorporated,
unless a less degree or a particular degree of responsibility and
accountability is prescribed in the trust instrument, or unless the
board of directors or such other body remain under the control of the
members of the corporation or third persons who retain the right to
direct, and do direct, the actions of the board or other body as to the
use of the trust property from time to time.
(b) Nondiversion of certain property. - Property committed to
charitable purposes shall not,by any proceeding under Chapter 59, 15
Pa.C.S.A. §5901 et seq. (relating to fundamental changes) or
otherwise, be diverted from the objects to which it was donated,
granted or devised, unless and until the board of directors or other
body obtains from the court an order under 20 Pa.C.S.A. Ch.
77(relating to trusts) specifying the disposition of the property.
7. Section 5930(a)ofthe Nonprofit Law, 15 Pa.C.S.A. § 5930(a),provides as follows:
§ 5930. Voluntary transfer of corporate assets
'(a) General rule.—A sale, lease, exchange or other disposition of
all, or substantially all, of the property and assets, with or without
goodwill, of a nonprofit corporation, if not made pursuant to
Subchapter D of Chapter 19(relating to division),may be made only
pursuant to a plan of asset transfer. In order to make effective any
plan of sale, lease or exchange of assets so adopted it shall not be
necessary to file any articles or other document in the [Department of
State], but the corporation shall comply with the requirements of
section 5547(b) (relating to nondiversion of certain property).
8. Section 5921 (a) of the Nonprofit Law, 15 Pa. C.S.A. § 5921 (a),
provides as follows:
§ 5 92 1. Merger and consolidation authorized
(a) Domestic surviving or new corporation.-Any two or more domestic nonprofit
corporations, or any two or more foreign nonprofit corporations,or any one or more
domestic nonprofit corporations and any one or more foreign nonprofit corporations,
may,in the manner provided in this subchapter,be merged into one of such domestic
nonprofit corporations,designated in this subchapter as the surviving corporation,or
consolidated into a new corporation to be formed under this subpart, if the foreign
corporations are authorized by the laws of the jurisdiction under which they are
incorporated to effect such merger or consolidation with a corporation of another
jurisdiction.
9. Section 711 (21) of the PEF Code, 20 Pa. C.S.A. § 711 (21) provides as follows:
§ 711. Mandatory exercise in jurisdiction through orphans'
court division in general.
Except as provided in section 712 (relating to
nonmandatory exercise of jurisdiction through orphans' court
division) and section 713 (relating to special provisions for
Philadelphia County), the jurisdiction of the court of common
pleas over the following shall be exercised through its orphans'
court division:
(21) Nonprofit corporations. The administration and proper
application of funds awarded by an orphans' court or an orphans'
court division to a nonprofit corporation heretofore or hereafter
organized under the laws of the Commonwealth of Pennsylvania for
a charitable purpose at the direction of the orphans' court or an
orphans' court division or at the direction of a settlor or testator of a
trust or estate,jurisdiction of which is exercised through the orphans'
court division except as the administrative, presiding or president
judge of such division disclaims the exercise of future jurisdiction
thereof.
10. Rule 2156 of the Pennsylvania Rules of Judicial Administration, relating to the
Distribution of Business Within Courts of Common Pleas, provides, in part, as follows:
Rule 2156. Orphans' Court Division.
In addition to other matters,which by law are to be heard and
determined by the orphans' court division of the court of common
pleas, the division shall hear and determine the following matters:
(1) Nonprofit Corporations. The administration and
proper application of property committed to charitable purposes held
or controlled by any domestic or foreign nonprofit corporation and all
matters arising under Title 15 of the Pennsylvania Consolidated
Statutes(relating to corporations and unincorporated associations)or
otherwise where is drawn in question the application, interpretation
or enforcement of any law regulating the affairs of nonprofit
corporations holding or controlling any property committed to
charitable purposes, or of the members, security holders, directors,
officers, employees or agents thereof, as such.
"Property committed to charitable purposes" means all
property committed to the relief of poverty, the advancement of
education, the advancement of religion, the promotion of health,
governmental or municipal purposes, and other purposes the
accomplishment of which is beneficial to the community,except that
the term does not include the property of any inter vivos trust
jurisdiction of which was acquired by the court of common pleas
prior to January 1, 1969 unless the president judge or the court orders
the matter to be heard and determined in the orphans' court division.
11. Pursuant to the foregoing statutes and rule, this Court has jurisdiction over this
Petition and the merger of corporate entities, as well as the transfer and use of charitable assets.
VENUE
12. Section 726 of the PEF Code, 20 Pa. C.S.A. § 726, provides as follows:
§ 726. Venue of nonprofit corporations.
Except as otherwise prescribed by general rules, in exercising the
jurisdiction of the court over the property or affairs of a domestic or foreign
nonprofit corporation, the venue shall be in the county where the registered
office of the corporation is located or deemed to be located for venue
purposes or, in the absence of a registered office within this Commonwealth,
in a county where any property held or controlled by the nonprofit
corporation is located.
13. Accordingly,venue of this Petition is properly in Cumberland County,Pennsylvania
because the registered offices of Carlisle United is located in Carlisle, Cumberland County,
Pennsylvania.
MERGER
14. Pursuant to the terms of a Plan of Union and Articles of Merger filed with the
Pennsylvania Department of State on July 1, 2013, Allison United Methodist Church, First United
Methodist Church and Grace United Methodist Church were merged with and into Carlisle United
in accordance with Chapter 59, Subchapter C of the Pennsylvania Nonprofit Corporation Law(the
"Nonprofit Law"). True and correct copies of the Articles of Merger, which include the Plan of
Union, are attached hereto and incorporated herein as Exhibit "A."
15. Petitioners respectfully submit that,by virtue of the Merger,the following shall have
occurred on July 1, 2013:
(a) Allison United Methodist Church,First United Methodist Church and Grace
United Methodist Church were merged with and into Carlisle United, and Carlisle United shall
continue as the surviving corporation; and the separate existence of Allison United Methodist
Church, First United Methodist Church and Grace United Methodist Church has ceased.
(b) All the property, real, personal and mixed, of Allison United Methodist
Church, First United Methodist Church and Grace United Methodist Church , and all debts due on
whatever account to Allison United Methodist Church, First United Methodist Church and Grace
United Methodist Church have been taken and transferred to and vested in Carlisle United without
further act or deed; and Carlisle United shall be responsible for all the liabilities and obligations of
Allison United Methodist Church, First United Methodist Church and Grace United Methodist
Church.
(c) Carlisle United shall be responsible for any and all restrictions on funds held
by Allison United Methodist Church, First United Methodist Church and Grace United Methodist
Church, to the fullest extent provided in the Nonprofit Law. No liens upon the property of Allison
United Methodist Church,First United Methodist Church and Grace United Methodist Church shall
be impaired by the Merger, and any claim existing or action or proceeding pending by or against
Allison United Methodist Church, First United Methodist Church and Grace United Methodist
Church maybe prosecuted to judgment as if the Merger had not taken place,or Carlisle United may
be proceeded against or substituted in its place.
(d) Any devise,gift or grant contained in any will or other instrument, in trust or
otherwise, made before or after the Merger to or for Allison United Methodist Church,First United
Methodist Church and Grace United Methodist Church shall inure to Carlisle United, subject to any
restrictions applicable thereto.
16. Carlisle United has assumed any and all liabilities, obligations and responsibilities
of Allison United Methodist Church, First United Methodist Church and Grace United Methodist
Church.
17. Gifts, donations and bequests made or received after the Merger naming Allison
United Methodist Church, First United Methodist Church and Grace United Methodist Church, or
any one of them, as beneficiary shall be deemed the property of Carlisle United as successor of
Allison United Methodist Church, First United Methodist Church and Grace United Methodist
Church.
18. Pursuant to the CUMC Legacy Funds Agreement,which was formally approved by
Carlisle United at a October 20, 2013, church conference, Carlisle United accept all endowments,
trusts,and gifts held by Allison United Methodist Church,First United Methodist Church,and Grace
United Methodist Church and agreed to be bound by their restrictions. A true and correct copy of
the CUMC Legacy Funds Agreement is attached hereto and incorporated herein as Exhibit `B."
POST-MERGER CHARITABLE ACTIVITIES
19. Following the Merger,Carlisle United became the surviving corporate entity and has
continued to operate consistent with the purposes of Allison United Methodist Church,First United
Methodist Church and Grace United Methodist Church.
20. Following the Merger, any and all assets and accounts of Allison United Methodist
Church, First United Methodist Church and Grace United Methodist Church merged with and
transferred to Carlisle United, pursuant to 15 Pa.C.S.A. §5929.
21. Section 5929 of the Pennsylvania Nonprofit Corporation Law, 15 Pa.C.S.A § 5929,
provides, in part, as follows:
(a) Single surviving or new corporation.--- Upon the merger or consolidation
becoming effective, the several corporations parties to the plan of merger or
consolidation shall be a single corporation which, in the case of a merger, shall be
that corporation designated in the plan of merger as the surviving corporation, and,
in the case of a consolidation, shall be the new corporation provided for in the plan
of consolidation. The separate existence of all corporations parties to the plan of
merger or consolidation shall cease, except that of the surviving corporation, in the
case of a merger. The surviving or new corporation, as the case may be, if it is a
domestic corporation, shall not thereby acquire authority to engage in any business
or exercise any right which a corporation may not be incorporated under this article
to engage in or exercise.
(b) Property rights.—Except as otherwise provided by order, if any, obtained
pursuant to section 5547(b)(related to nondiversion of certain property), all the
property,real,personal,and mixed,and franchises of each of the corporations parties
to the plan of merger or consolidation, and all debts due on whatever account to any
of them, including subscriptions for membership and other choses in action
belonging to any of them, shall be taken and deemed to be transferred to and vested
in the surviving or new corporation, as the case may be,without further act or deed.
The surviving or new corporation shall thenceforth be responsible for all the
liabilities and obligations of each of the corporations so merged or consolidated. No
liens upon the property of the merging or consolidating corporations shall be
impaired by such merger or consolidation, and any claim existing or action or
proceeding pending by or against any of such corporations may be prosecuted to
judgment as if such merger or consolidation had not taken place,or the surviving or
new corporation may be proceeded against or substituted in its place. Any devise,
gift or grant contained in any will or other instrument, in trust or otherwise, made
before or after such merger or consolidation, to or for any of the constituent
corporations, shall inure to the surviving or new corporation, as the case may be,
subject to compliance with the requirements of section 5550 (relating to devises,
bequests and gifts after certain fundamental changes).
(c)Taxes.—Any taxes,penalties and public accounts of the Commonwealth,claimed
against any of the merging or consolidating corporations,but not settled,assessed or
determined prior to such merger or consolidation, shall be settled, assessed or
determined against the surviving or new corporation, and, together with interest
thereon, shall be a lien against the franchises and property,both real and personal,of
the surviving or new corporation-.
Accordingly,pursuant to Section 5929, the net assets of Allison United Methodist Church,
First United Methodist Church and Grace United Methodist Church were distributed to and merged
into Carlisle United, the surviving corporation.
22. The Merger has not,will not,result in a diversion of charitable assets as provided in
15 Pa.C.S.A §5547(b) and 15 Pa.C.S.A. §5930(a).
23. The Merger and the proposed use of assets is in the public interest and appropriate
steps have been taken to safeguard the value of charitable assets.
FUTUREINTERESTS
24. Section 5550 of the Nonprofit Law provides in relevant part as follows:
A devise, bequest or gift to be effective in the future, in trust or otherwise to
or for a nonprofit corporation which has . . . become a party to a merger
which it did not survive . . . after the execution of the document containing
the devise, bequest or gift shall be effective only as a court having
jurisdiction over the assets may order under 20 Pa. C.S. Ch. 77 (relating to
trusts) or other applicable provision of law.
15 Pa. C.S.A. §5550.
25. As noted above, the Merger has not, and will not, result in a diversion of any
charitable assets from the purposes to which they were dedicated by Allison United Methodist
Church, First United Methodist Church and Grace United Methodist Church.
26. Carlisle United therefore requests a ruling that all gifts which constitute future
interests should be received and administered as part of the general charitable assets of Carlisle
United, subject to any express use restrictions applicable to same which are not impossible or
impracticable to fulfill.
CONCLUSION
27. In accordance with the Merger,Petitioners have merged with and into Carlisle United
in accordance with Chapter 59, Subchapter C of the Nonprofit Law.
28. The assets and liabilities of Allison United Methodist Church,First United Methodist
Church and Grace United Methodist Church have been transferred to Carlisle United, and Carlisle
United shall continue as the surviving corporation.
ATTORNEY GENERAL REVIEW
29. The Pennsylvania Attorney General's Office has received notice of the Merger and
the transfer and use of charitable assets described in this Petition.
30. Upon reviewing this Petition and related documents, the Pennsylvania Office of
Attorney General does not object to this Petition and hereby joins in this Petition. A copy of said
notice and non-objection letter from the Pennsylvania Office of Attorney General is attached hereto
as Exhibit "C" and incorporated herein by reference.
WHEREFORE, Carlisle United Methodist Church requests that this Honorable Court
(a) approve the transfer, distribution and charitable use of nonprofit corporation assets
to Carlisle United Methodist as set forth in this Petition; and
(b) confirm that all the property,real,personal and mixed, of Allison United Methodist
Church,First United Methodist Church and Grace United Methodist Church,and all
debts due on whatever account to Allison United Methodist Church, First United
Methodist Church and Grace United Methodist Church have been taken and
transferred to and vested in Carlisle United without further act or deed; and
(c) confirm that the Merger has not resulted in a diversion of charitable assets as
provided in 15 Pa.C.S.A §5547(b) and 15 Pa.C.S.A. §5930(a).
MARTSON LAW OFFICES
By:� 5 ooa�
No V. Otto III, Esqui e
I.D. No. 27763
Seth T. Mosebey, Esquire
I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: I J3)h y Attorneys for Petitioners
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
BUREAU OF CORPORATIONS AND CHARITABLE ORGANIZATIONS
401 NORTH STREET, ROOM 206
P.O. BOX 8722
HARRISBURG, PA 17105-8722
W W W.CORPORATIONS.STATE.PA.US/CORD
Carlisle United Methodist Church
TIIE BUREAU OF CORPORA'T'IONS AND CHARITABLE ORGANIZATIONS IS I IAPPY TO SEND YOU YOUR
FILED DOCUMENT. THE BUREAU IS HERETO SERVE YOU AND WANTS TO THANK YOU FOR DOING BUSINESS
IN PENNSYLVANIA.
II'YOU HAVE ANY QUESTIONS PERTAINING'10 THE BUREAU.PLEASE VISIT OUR WED SITE LOCATED
AT WWW.CORPORA'I'IONS.S'FATE.PA.tJS/CORP OR PLEASE CALL OUR MAIN INFORMATION TELEPHONE
NUMBER (717)787-1057. FOR ADDITIONAL INFORMATION REGARDING BUSINESS AND / OR UCC FILINGS.
PLEASE VISIT OUR ONLINE"SEARCHABLE DATABASE"LOCATED ON OUR WEB SITE.
ENTITY NUMBER: 4187016
Otto, No V,III
10 East High Street
Carlisle, PA 17013
Entity P.410701g
•
Gain Filed:071Otr2013 ,
Carol Alchele
secretary of the Commonwealth
PEMSYLVAMA DEPARTMENT OF STATE
BUREAU OF CORPORATIO)RS AND CHARITABLE ORGANIZATIONS
me es em cafe o erger
(I5 Pn.C.s.)
Domestic eustnes Corporation(d 1926)
T2 Domestic Nonprofit Corporation(d 5926)
Limited Pulnership(f 8347)
Nsmg Dotamentww be roamed to Ac
tV0 V. Otto 111 agree sad sddras yet gmetr to
I Add" the(en.
10 East High Street
Carlisle PA 11013 Commonweafth of Pennsylvania
ARTICLES OF MERGER-NONPROFIT 7 Page(s)
Fee: Ei3t)plus E40 additional for each IIIIIIIIIIillll�llllllllll�ll{Illfi 111 llllllllfilll1111i�
Party in adddlarrel to two
nul4stote
IA coMPIIW ee with the requ,romerna of the applicable provislons(Mating to articles nt merger or consolidation), the
undera)gned.desiring to affect a merger,hereby state that:
i.The name of the mrponclordlimited partnership turvivingthe merges is:
Cafiisie U(tited hietltodist Church
2. C6eatondrony+ferrorttgfeMJoflowfrrd:
X The surviving oorporattorAimftadparmirshiph adomcsNebusimxYnonp(ofitcotperadontitmitod Partnership and
the(a)address of its current regincrod office in this Commonwealth or(b)name of its commercial registered office
provider and the county of venue is(the Department is hereby authorized to correct the following Information in
confbrm to the records of the Department}.
(a)Numbs and Street t'Itr State Zi County
45 S.West Streart Carlsie PA IF013 Cumbertand
(h)Name orComm=IW Registered Alice Provider County
eta
The surviving corporatlonlimitod partnership Is a qualified fnreign businessinonpront oorpomninn Aimitd
partnership fincorporsuMbimed under the laws of and the(a)add"of Its current registered
office in this Commonwealth or(b)name of its comet refit owic a provide and the county of venue is(the
OeParament is hereby authorized to cornea the following intermadon to confrere to the records of the Deputncra:
(a)Number andStrea City Stale ZIP County
(b)Name or Commercial Reglatacd Office Provider County
do
The surviving ceryoWlardllmlld partnership is a nonquaiird foreign buslnessrnonpmtit corporadaNlimited
pammnhip Incorporatedffotmd under the laws or and the address of let principal office under the
tawsofsuch domiciliary)urisdidon Is:
Number and Street City guts Zip
PADEPLOFSTATE
JUL S 12013
Rettived Time Jul. 31, 2013 8:22AM No. 8708
DSCati3.1936/5926/8387_x
3. ThenamC end the eddms»[the roglssaed offiero In th4s Commonweaidt or name orits commaciaf registered office
Provldtr and ate coonty of venue of each other domestic businesynemproflt oorpormioMimited to nnonhip and
qualified foreign bealnaaNnen mf1t corparatiorAimited pnmorshfp which is a party w the plan 0rmerger ere as
follow'
Grace
Name MetthodistmCttuuh of Carlisle,P�i — 45V S.e West St., Cax?sale, PA
First United Methodist Church, f/k/e
xat Ibanaelical trnsr.d ar.rhrnn r arch tsLCarlisle YA 64 B North Seryeat
Carlisle, YA Cuatbarland
Allisa3t United Methedter ChArah f/i6(a
Mstbodiet Episcopal Church of the sor, of Carlisle — 99 Mooreland Ave., Cerlia e, YA
4. Check and{fapprap Wa cemplarr,oar gf uiia jottewhg..
_Tho plan of merger shot be effective upon filing these AtticlearArtiffeate of Merges in the Deponment of State,
X The pion of merger shall be effective on, July 'l,2013 st 12:01 am
DEC Hour
S. The manner In which the plan ofmager was adopwd by each dommfic empermtIOMiceitad partnership is ss follow»:
Name MamtaofAdoption
First United Methodlst Church Approval of members
Grace United Methodist Church Approval of members
A eon Un a et o a uro Approve me era
f:arllsle United Methodist Church A 'oval of Q Leaderahi Council
6. SWkeour thtrjcmmgrmplttjaroforeignearporarlorrglmltedpattnnshlprropor(vto rhamerger.
7. Chick and/f approprlora complete.one gftA.joliormg
X The plan ormergv Is set fonts in full In Pxhibil A attachad hereto and made a pan hemof.
PanWant to 13 MC.S.0 1901118347(h)(relating to omission atones n provisions from filed plans)the provisions,
—'•'ifany,of the plan of merger dw amend or conathtno the opaadve provisions of the Articles of
IneorpomelonfCadeaolo of Limited Partnership of the surviving eorporatlongimitod par mrship as in effect
subsequent to the effective date of the plan are sa forth In 1611 In Esh@It A attochod hereto and made a part'hereof.
The toll test of the plan of merger is en file as Cho principal place of business of the surviving svrpecareMtimiwd
partnership.the address of which it,
Number and sues city State Zip County
Received Time Jul, 31. 2013 8:22AM No. 8788
DSCa;13.1926/392dtg7 47-3
rN 1P.STIMONY WHEREOF,the undersigned
mTOradonAlmitd I> *wshlp has mused then
AnieleyCeriiReaee of Mager to be signed by a duly
aud,odred offioathereof INN
-�_day of July
I----------------•
02013
Carlisle United Methodist Church
amc o rpora o im, fleas ,p
tgnn
Chairperson-Leadership Council
rte
First United Nothodiet Church
omc o otporat a m, p
a
ro
Chairperson-Leaders Ip Council
le
Allison United Mtethods t Church
BY: �"• )5-�- L 4--z"r
Chairpe on - Leadership Council
Orac Un ted Meth ist Cpurch
Byt 2 kti �+
Chairperbefi - Leadership Council
Received Time Jul. 31, 2013 8:22AM No. 8708
Plan of Union
Allison, First and Grace United Methodist Churches of Carlisle
Name
The name of the unified congregation shall be chosen by vote of the members of the current
congregations of Allison,First and Grace United Methodist Churches'.
Mission Statement
To build Bridges in our community by sharing the love of Jesus Christ
Values
Loving People,Growing Disciples,Engaging Children and Youth,Worshipping Passionately,
Championing Missions and Impacting Communities.
Strategy
Build the church on the four pillars of Worship;Serve;Grow;and Connect
Mission Measures
We will use our strategy to build the following In every church member and friend:
Prayer Warrior. 1 daily communicate with God.
Active Worshipper.I passionately exalt the Lord.
Servant Leader. I humbly serve others.
Llfelong Learner. I regularly study God's Word.
Bridge Builder. 1 continually share Christ
Generous Giver. I sacrtflclallygive my time,treasure and talent
Organizational Structure
The new congregation shall be led by a nine(9)member Leadership Council of committed
laity that shall serve the mission of the new church.The Council shall elect a Chairperson
annually4l.Council members shall be elected to three(3)year terms at the annual Charge
Conference meeting"'.The Council shall serve all the administrative functions required by
the new congregation and the Book of Dlednllne of the United M tbo let Church as well as
set policy and direction.
Pastoral and Staff Leadership
Pastoral Leadership shall he assigned by the Bishop of the Susquehanna Annual
Conference.The Leadership Council of the new church shall adequately staff the new
church in order to achieve Its mission.The Pastoral and Staff leadership shall oversee daily
ministry and operational decisions,and ensure that they are in accordance with Scripture
and the mission,values and strategy of the new church.
Exhibit "A"
Received Time Jul, 31. 2013 8:22AM No. 8708
Transitional Site
The transitional location of the new congregation shall be the current Grace campus.The
Leadership Council shall end the transitional status of the new church by determining and
recommending the permanent worship site as soon as a qualified recommendation Is
proposed by the site selection focus group which will be no later than July 2016.A
congregational vote shall follow to affirm or reject this recommendation of the Leadership
Council.
Buildings and Assets
Proceeds from the sale of any church buildings and/or property sold after the official date
of incorporation shall be held In escrow until the site location congregational vote is taken.
Other than repairs for health or safety reasons,no major renovations shall take place at
either the Mooreland Ave.,North St,or Pomfret St.campuses.
All assets of the congregations of Allison,First and Grace United Methodist Churches shall
become the assets and responsibilities of the new congregation effective the day of official
incorporation.
Membership Rolls
The Membership Rolls of Allison,First and Grace shall be merged into one roll to
constitute the congregational roll of the new church.
Effective Date
The day of corporate reorganization
'The name chosen Is"Carlisle United Methodist Church"
"The one exception:the Lead Pastor shall serve as Chair for the first year after unification
only.
In early 2013,the administrative/church councils of Allison,First and Grace Churches
shall lead a Church Conference meeting to elect three(3)persons from their respective
congregations to serve on the Leadership Council of the new church. While each council
member's term wIU normally be three(3)years,and there will be a two-term limit,Initially,
one will serve a three-year term,one a four-year term and one a five-year term, After the
first three years;those elected to a three year term can be reelected,or a new member of
the unified church can be elected to replace him/her. This process(re-elected or elected to
a three year term)will be repeated in years four and five for the Initial members elected to
the four and five year terms respectively. Having three members elected or re-elected
every year will maintain continuity of the Council as well as allow for new members to
serve.
Approved by the Church conforences ofAlibon,Pbxt and Grace United Methodist Churches on
December 9,2012
Received Time Jul. 31. 2013 8:11AM No. 8708
CUMC LEGACY FUNDS
Gifts ofEndurinQ Love Fundine God's Work for the Future and Now
ARTICLE I. PURPOSE
A. The CUMC Legacy Funds Program provides members and friends with a number of
options to give to Carlisle United Methodist Church, hereinafter called "CUMC",
through wills, trusts, and memorial and honor gifts to support the mission and
ministries of CUMC.
B. This Agreement establishes:
1. The endowment funds of CUMC
2. "Ministry Funds" where endowment and trust income and memorial and honor
gifts will be directed.
ARTICLE H. THE FUNDS
A. The Endowment Funds are permanent funds, the principal of which shall be held in
perpetuity and cannot be used, except as hereinafter provided, or as specified in writing by
persons making gifts and bequests to those funds. Income from Endowment Funds will either
be re-invested or deposited in one of the Ministry Funds.
1. Appendix A identifies the General Endowment Project Funds created by this
Agreement. Income from these Funds gives the CUMC greater discretion as long as it is used
for the general purposes of the endowment.
2. Appendix B identifies the Designated Endowment Project Funds created by this
Agreement. Income from these Funds is restricted to the specific designated purpose of the
fund.
B. The Ministry Funds are general funds that may include sub-fund accounts, established
with the approval of the Leadership Council. The Ministry Funds are created to allow persons
to:
1. Direct gifts to an identified Ministry Fund in memory or in honor of a loved one;
2. Direct income from their endowment gifts to identified Ministry Funds;
3. Direct income from their trusts to identified Ministry Funds;or
4. Direct the use of bequests in their wills to identified Ministry Funds.
Principal and income in Ministry Funds shall be used only for purposes related to the ministry
area associated with the identified ministry fund.
ARTICLE III. SOURCES OF FUNDING
The sources of funding for the various funds shall be:
A. Endowment assets formerly held by Allison United Methodist Church, First United
Methodist Church and Grace United Methodist Church and transferred to CUMC.
CUMC shall honor the commitments made to the donors by Allison United Methodist
Church, First United Methodist Church and Grace United Methodist Church in the
acceptance of the endowment gifts. Those endowment assets have been categorized as
either: 1) general endowments or 2) specifically-designated endowments. The general
endowments are listed in Appendix A-1 and will be placed into one of the General
Endowment Project Funds as indicated in Appendix A-L The transferred assets
identified as specifically designated endowments are listed as Designated Endowment
Project Funds in Appendix B.
B. Endowment gifts made to one of the listed General Endowment Project Funds, identified
in Appendix A, or one of the listed Designated Endowment Project Funds, identified in
Appendix B. Appendix B may be amended by action of the Leadership Council but only
to add new Designated Endowment Project Funds.
C. Memorial and honor gift assets formerly held by Allison United Methodist Church, First
United Methodist Church and Grace United Methodist Church and transferred to the
CUMC. All those assets have been categorized by ministry area and placed into one of
the Ministry Funds or a particular sub-Fund account, shown in Appendix C, with
appropriate placement being guided by the desires of the donor. Appendix C may be
amended by action of the Leadership Council to add new sub-Fund accounts or remove
sub-Fund accounts whose assets have been exhausted.
D. Memorial gifts, honor gifts, lifetime gifts, bequests by will, and other gifts, which are
received from members and friends of CUMC and added to one of the Ministry Funds, or
a particular sub-Fund account, shown in Appendix C, with appropriate placement being
guided by the desires of the donor.
E. Trust income received by Allison United Methodist Church, First United Methodist
Church and Grace United Methodist Church and transferred to the CUMC.
F. Trust income received by CUMC. CUMC is a beneficiary of the trusts listed in
Appendix D. Trust income shall be placed into the Appendix C Ministry Funds as
indicated in Appendix C or used for the specific purposes directed in the trust agreement.
G. Restricted gifts received by Allison United Methodist Church, First United Methodist
Church and Grace United Methodist Church and transferred to the CUMC. The use of
these gifts is restricted by a binding legal agreement. Those restricted gifts are listed in
Appendix E.
ARTICLE IV. DUTIES AND RESPONSIBILITIES OF THE LEADERSHIP COUNCIL
In addition to the other duties and responsibilities set forth in this document, the Leadership
Council shall:
A. Receive, administer and invest all gifts, bequests, trusts and trust funds. The Charge
Conference delegates to the Leadership Council the power, duty and authority to receive,
administer and invest bequests, trusts and trust funds made to the Church (reference
paragraph 2533.5, The Book of Discipline - 2012). The Lead Pastor shall send a written
acknowledgment of receipt of accepted gifts,bequests and trusts.
B. Provide instructions to appropriate CUMC staff on how bequests and trust monies to the
Church shall be used or invested, if the bequest or trust is not designated. If designated
and accepted, then the Leadership Council shall ensure that the gift, bequest or trust is
used or invested as designated.
C. Add new Designated Endowment Project Funds, when, in its discretion, Leadership
Council determines that an endowment gift should be accepted by CUMC.
D. Accept or reject a gift, bequest or trust monies that:
• Are not given for one of the Ministry Funds or a sub-Fund account or
• Are not given for an Approved M&H Project, as later defined herein,
if it meets the criteria for acceptance of a gift found in Article XIII of this Agreement. If
the gift does not meet the criteria, it can only be accepted at a meeting of the Charge
Conference. (Reference paragraphs 246, 247, 248, 2528.3 and 2533.5, The Book of
Discipline—2012.).
ARTICLE V. CUMC LEGACY TEAM
A. The CUMC Legacy Team (hereinafter referred to as"the Team") shall be composed of a
team assembled by the member of the Leadership Council assigned to the Finance Area.
The team shall include the Leadership Council member,the Treasurer and others selected
by the Leadership Council member.
B. The Team shall be amenable to the Leadership Council of the Church.
ARTICLE VI. DUTIES AND RESPONSIBILITIES OF THE CUMC LEGACY TEAM
A. Using the Gift Acceptance Policy (as found in Article XIII),recommend to the Leadership
Council either the acceptance or .rejection of those gifts, bequests and trust monies to
CUMC that are not given for:
• One of the Ministry Funds or a sub-Fund account or
• An Approved M&H Project,as later defined herein.
If the gift is given for one of the Ministry Funds or a sub-Fund account or for an Approved
M&H Project,no review or action is required by the Team.
B. Maintain a permanent written record of each and every gift, bequest and trust made,
received and accepted and how the monies were distributed or used or invested and
provide copies to the Lead Pastor and appropriate CUMC staff. For memorial gifts, the
total amount given in memory of or in honor of the saint (and not each individual gift)
shall be recorded.
C. Permanently record any restrictions on gifts, bequests and trusts.
D. Be responsible to promote the funds, educate the members and friends of CUMC on the
uses of the funds and encourage all types of gifts and bequests to the mission and
ministries of CUMC.
E. Develop the program proposing additional policies and procedures as needed. The
Leadership Council will be responsible for review and approval of any future policies and
procedures related to this Agreement or the funds.
F. Make the Leadership Council aware of undesignated gifts and undesignated income.
G. Report to the Leadership Council any use of fund monies, which the Team perceives is
contrary to the purpose or donor's designation.
ARTICLE VII. INVESTMENT MANAGEMENT OF ASSETS
A. While the Leadership Council is responsible for overall investment and management of
the assets of endowment funds,the Team shall:
1. Ensure that CUMC staff follows through on Leadership Council investment decisions.
2. Make recommendations to the Leadership Council on the general management and
investment of the funds.
B. The principal of the funds and any undistributed income shall be invested in the manner
deemed most advisable by the Leadership Council.
C. The Team shall make recommendations to the Leadership Council on the need for,
acquisition of and selection of, a professional to manage the investments. Leadership
Council shall make the decisions and authorize execution of contracts with all
professionals.
D. The Team shall make recommendations to the Leadership Council on the selection of
financial institutions for deposit of investments. Leadership Council shall make the
selection decisions.
ARTICLE VIII. INVESTMENT OBJECTIVES
A. While investment strategy will largely depend upon the purpose, duration (long-
term/short-term) and need for annual income, CUMC will be guided by the following general
investment objectives:
1. The primary goal for most of the endowment investments is to provide long
term growth so that eventually sufficient income can be generated and used for
the work and the ministry of CUMC.
2. For those endowments where all or most income is distributed or used
annually, the primary goal is to generate regular income at a competitive rate
of return.
3. Another objective is to conserve the principal of all endowment funds for the
effective maintenance of purchasing power.
4. Income and growth of principal should both keep up with inflation or better.
5. As practically possible, funds should be invested in accordance with the Social
Principles of the United Methodist Church.
6. Funds should be managed, held and identified for specific purposes.
ARTICLE IX. GIFTS TO THE FUNDS
A. Gifts to the funds may be classified as "undesignated" and the Leadership Council shall
receive, administer, invest and/or provide direction for use.
B. Gifts may be classified as"designated"for one of the following:
• General Endowment Project Funds listed in Appendix A.
• Designated Endowment Project Funds listed in Appendix B.
• Ministry Funds or Sub-Fund accounts listed in Appendix C.
• An approved M&H Project,as defined herein.
C. Gifts classified as "designated", but not for one of the funds or projects in Subsection B
above, but which the Leadership Council determines meets the requirements of the Gift
Acceptance Policy, as stated in Article XIII, may be accepted by the Leadership Council.
D. Gifts of money, checks, and automatic debit arrangements will be accepted.
E. Gifts of stock, life insurance, items of personal property and real property will be
accepted provided that the Leadership Council determines that they meet the criteria of
the Gift Acceptance Policy as stated in Article XIII.
F. Prospective donors will be advised:
1. In their wills,to make bequests to "Carlisle United Methodist Church, located in
Carlisle,Pennsylvania".
2. In their trusts,to make "Carlisle United Methodist Church, located in Carlisle,
Pennsylvania"the beneficiary.
3. For cash gifts,to make gifts payable to"Carlisle United Methodist Church".
4. To clearly express any intention/use of the bequest in the body of the will or in a
codicil.
5. To clearly express any intention/use of the trust monies in the trust agreement.
6. To clearly express any intention/use of a gift in a signed letter or agreement.
ARTICLE R DISTRIBUTION OF INCOME
A. Income of the Endowment Funds or trusts shall be placed into one of the Ministry Funds
by the Leadership Council and staff for use as directed by the donors at the time of their
gift or as directed by will,trust or other gift document.
B. If the use of the income is designated for a purpose unrelated to one of the Ministry
Funds, but the gift was accepted by Allison United Methodist Church, First United
Methodist Church, Grace United Methodist Church or CUMC, then the income shall be
used as directed by the donors at the time of their gift or as directed by will,trust or other
gift document.
C. Income and principal shall be recorded and tracked separately. This will enable income
to build to a set amount for a specific project if so desired. It will also permit easy
identification of income for withdrawal and use.
ARTICLE XI. USE OF PRINCIPAL OF ENDOWMENT FUNDS
A. Although the endowment funds are intended primarily as permanent funds to be held in
perpetuity, principal may be used from the funds under justifiable circumstances.
However, under no circumstances may principal be used which donors designated to be
held in perpetuity, for a fixed number of years which have not yet been completed, or
until the occurrence of a specific event which has not yet occurred.
B. Before any endowment fund principal is used or encumbered, there must be compliance
with the process specified in Article XII.
ARTICLE XIL RECOMMENDATIONS FOR USE OF UNDESIGNATED PRINCIPAL
Recommendations for use of undesignated principal from any endowment fund including a
payback plan must be initiated by two-thirds (2/3) of the total membership of the Leadership
Council. Any such recommendation and payback plan initiated by the Team shall be
submitted to the Leadership Council for consideration. If two-thirds of the total membership
of the Leadership Council agree that principal should be used from an endowment fund, their
recommendation including a pay-back plan shall be submitted to an authorized and properly-
called Charge Conference (reference paragraph 248,The Book of Discipline- 2012) for action.
Upon becoming aware of a recommendation and pay-back plan from the Leadership Council
for use of undesignated principal, the Lead Pastor shall request the District Superintendent to
chair a Charge Conference to consider the recommendation. A favorable vote by two-thirds
(2/3) of the members present and voting at the Charge Conference shall be required to approve
such a recommendation.
ARTICLE XIII. GIFT ACCEPTANCE POLICY
A. Each gift shall be reviewed from the perspective of its potential benefit to the mission and
ministries of CUMC.
B. No gift shall be accepted when its benefit to CUMC is so remote as to be negligible.
C. CUMC retains the right to refuse gifts in any form that are deemed inappropriate to its
purposes.
D. CUMC reserves the right to refuse a bequest or to seek other legal relief regarding a
bequest if it determines that it is in the best interest of CUMC to do so.
ARTICLE XIV. APPROVED M&H PROJECTS
A. Leadership Council shall develop a list of current needs of CUMC for specific items of
personal property or repairs or service. The list will be developed with input from the pastors,
leaders,teachers and staff of the CUMC. The list will be updated regularly and the congregation
informed.
B. Memorial and honor gifts given for Approved M&H Projects do not require review,
approval or further action by the Leadership Council for acceptance or disbursement.
ARTICLE XV DISBURSEMENTS
The Treasurer of CUMC shall disburse all monies from the funds.
ARTICLE XVI. REPORTING
Leadership Council shall be responsible, with the assistance of the Team and the Treasurer, for
annual financial reporting to the congregation of CUMC regarding the funds. The Team shall
also be responsible to make periodic reports to the Leadership Council.
ARTICLE XVII. AUDIT OF RECORDS
The Leadership Council shall make provisions for an annual audit of the financial records of
the funds. (Reference paragraph 259.4c, The Book of Discipline -2012)
9
ARTICLE XVHI. CHANGES TO THIS DOCUMENT
Changes to this document may be made at a duly authorized Charge Conference of the CUMC,
upon prior concurrence of two-thirds (2/3) of the total membership of the Leadership Council
with a prior recommendation of two-thirds (2/3) vote of total membership from the Leadership
Council. A favorable vote by two-thirds (2/3)of the members present and voting at the Charge
Conference shall be required to approve changes to this document.
This Agreement was approved during a duly authorized Charge Conference at Carlisle United
Methodist Church, Carlisle, Pennsylvania on OC to"r 2C 2013.
V r Pas tor a retary, Charge onfere ce
sle United a odist Church arlisle United Methodist Church
Member of Leader p Council—Finance Area Presiding Elder,Charg`ew/Conference
Carlisle United Methodist Church Susquehanna Conference of the UMC
10
Appendix A
General Endowment Project Funds
These are the General Endowment Project Funds of Carlisle United Methodist Church:
• General Ministries
• Children/Youth Ministries
• Music
• Christian Education
• Outreach and Missions
• Caring/Congregational Care
• Facilities
• Worship
11
Appendix A-1
General Endowment Project Funds
Listed below are endowment funds transferred from Allison United Methodist Church, First
United Methodist Church and Grace United Methodist Church to one of the of the General
Endowment Project Funds of Carlisle United Methodist Church.
Name of Endowment Specified Use of Income Investment Financial General Endowment
Fund Advisor Institution Fund Placement
United PNC
Enduring Grace— General Ministries Methodist Financial General Ministries
General Ministries Stewardship Services
Foundation Group,Inc.
United PNC
Enduring Grace- Building Methodist Financial Facilities
Building Stewardship Services
Foundation Grou , Inc.
United PNC
Enduring Grace- Missions Methodist Financial Outreach&Missions
Missions Stewardship Services
Foundation Group, Inc.
General Endowment General David Fidelity General
Fund -General Wisehu t
Allison Endowment Building David Fidelity Facilities
Fund—Building Wisehau
Allison Endowment Music David Fidelity Music
Fund-Music Wisehau t
Allison Endowment David
Fund - Mission Mission Wisehau t Fidelity Outreach&Missions
Allison Endowment
Fund— Christian Education
Education/Children's Education Wiisseh upt Fidelity
Children's Ministries
Ministries
Lois Eddy McDonnell Children's Ministry Susquehanna ChildrenlYouth Ministries
Legacy Team Bank
Lois Eddy McDonnell Children's Ministry David Fidelity ChildrenlYouth Ministries
Wisehau t
Phyllis North Church Teachers Church School David Fidelity Children(Youth Ministries
School Fund Programs Wisehau t
50%added to the corpus
Warren and Alice Gate a Susquehanna
Fund and 50%to the Current Legacy T Sus
eam Bank General Ministries
Operating Budget
Amy Fisher Church Expenses David Fidelity General Ministries
Wisehau t
12
Name of Endowment Specified Use of Income Investment Financial General Endowment
Fund Advisor Institution Fund Placement
Virginia Sharp Masland General Purposes David Fidelity General Ministries
Memorial Fund Wisehau t
Regeneration Worship David Fidelity Worship
Wisehau t
General Endowment General Ministries David Fidelity General Ministries
Wisehau t
Sarah Vale Rush General Legacy Team Susquehanna General Ministries
Bank
Reynold Building David Fidelity Facilities
Wisehau t
Maude Donor General David Fidelity General Ministries
Wisehau t
Mary J. Hockman General General Ministries
Legacy Team Susquehanna
Bank
13
Appendix B
Designated Endowment Project Funds
Listed below are the Designated Endowment Project Funds of Carlisle United Methodist Church.
To the extent that these funds have specific instructions on investment and use, they are contained
in Appendices B-1 through B-23.
Name of Endowment Fund Specified Use of Income Investment Financial
Advisor Institution
B-1 Dr. Gerald D. Kauffman Ministerial Scholarships United PNC Bank
Ministerial Scholarship Methodist
Fund Stewardship
Foundation
B-1 Dr. Gerald D. Kauffman Ministerial Scholarships Todd Raymond James
Ministerial Scholarship Fogelsanger
Fund
Vuillemier Music Fund Choir/Organ David Fidelity
Wisehau pt
B-2 Braund Memorial Music Music and Choir David Fidelity
Fund Wisehaupt
B-2 Virginia Sharp Masland Music David Fidelity
Music Fund Wisehaupt
Ann E. Olmstead Fund Pastor Discretionary Legacy Susquehanna
Team Bank
B-2 Mary Alice Lippert Big Spring, Carlisle,
Scholarship Fund Boiling Spring HS.
Religious studies, David Fidelity
education, health service, Wisehaupt
social work. Undergrad
only.
B-2 Mary E. K. Peters Scholarship David Fidelity
Scholarship Fund Wisehau pt
B-3 Connie Gruber Scholarship Ministry, music,religious
Fund studies,mission studies, David Fidelity
teaching. Notify donor Wisehaupt
relative
B-3 Robert Harding Scholarship PA resident.
Fund Psychology,health care, David Fidelity
social service,ministry Wisehaupt
B-3 King-Crowding Scholarship Pursuing Christian David Fidelity
Fund vocation Wisehaupt
14
Appendix B-1
Gerald D. Kauffman Ministerial Scholarship Fund
Rev. 913012010
Rev. 812612013
HISTORY
The Gerald D. Kauffman Ministerial Scholarship Fund was established in the 1980's and was
administered by Rev, Dr. Gerald D. Kauffman in the early years. Because Dr. Kauffman was
planning to retire; a document was prepared spelling out the name of the Fund, its purpose and
how it was to be administered. This document was prepared by Attorney Dale F. Shughart, Jr. on
behalf of Dr. Kauffman and approved by Grace United Methodist Church on April 16, 1989. In
2000, monies from the Anna Group Scholarship Fund were added to the Gerald D. Kauffman
Fund. Viola Wagner bequeathed a major gift to the Fund that substantially increased the corpus of
the Fund. From 1989 — 2009, income from the Fund has been used to grant scholarships to the
following persons: Gerald Day, Chris Renner, Eric Snyder, Robert Marsh, and Linda Mayfair.
Income from the Fund has also been deposited with the Student Aid Fund of Central Pennsylvania
Conference to provide scholarships to students preparing for Ordained Ministry in this
Conference.
NAME
The Fund shall be known as the"Gerald D.Kauffman Ministerial Scholarship Fund".
PURPOSE
The purpose of the Fund is to grant scholarships to any member in good standing of Carlisle
United Methodist Church, of Carlisle, Pennsylvania, who is a "Declared Candidate" for ministry
in the United Methodist Church or its successor.
ADMINISTRATION OF THE FUND
The Leadership Council has given the CUMC Legacy Tem of Carlisle United Methodist Church
the responsibility for administering the Gerald D. Kauffman Ministerial Fund and giving an
annual report to the Leadership Council and the congregation. The Fund shall be placed in the
"Designated Endowment Projects Fund," the endowment fund of Carlisle United Methodist
Church. The Legacy Team may recommend investment of or reinvestment of the funds in such
investment vehicles as is customarily utilized by fiduciary investors. All income earned, and
dispositions made, from the Fund shall be accounted for and reported to the Leadership Council
of the Church on an annual basis. The Fund shall be considered perpetual and all contributions to
the Fund shall be administered in accordance with the terms of this document.
The amount of scholarship money to be awarded in any given year shall be an amount equal to
75% of the income earned on the corpus of the Fund for the previous year. An amount equal to
25%of the income earned on the corpus of the Fund the previous year shall generally remain with
and become part of the corpus of the Fund and be invested therewith in order to insure reasonable
growth, but the Legacy Team shall have the discretion to reinvest less than 25% of the income
when there are multiple applications for scholarships and/or the need for financial assistance is
great.
15
If the earned income in any year is less than 5% of the corpus and a qualified application(s) for
scholarship(s) is submitted that exceeds the amount of the earned income, the Legacy Team shall
have the discretion to take from the corpus an amount up to 5% of the corpus less the earned
income received to pay the scholarship(s).
APPLICATION PROCESS
Declared ministerial candidates from Carlisle United Methodist Church may apply for
scholarships from the Fund by presenting a written request to the Legacy Team. The application
shall include the steps he or'she has taken to date and intends to take in the future to become a
minister in the United Methodist Church. If the candidate has received a scholarship in the
previous year, the application shall include a report on how the prior year's scholarship was used
by the applicant.
GUIDELINES FOR GRANTING SCHOLARSHIPS
When more than one application is made for a scholarship in any year, the Legacy Team shall
have the discretion to determine each scholarship amount. The Team shall consider the amount
of scholarship money available, the total number of applications, the amounts requested, and the
total costs of the applicants' educational expenses for that year and attempt to award scholarships
based on the need of each applicant.
In any year when there is no applicant for the scholarship,or the amount requested is less than the
total scholarship amount, the scholarship amount, or portion thereof, for that year may be paid to
the Student Aid Fund of Central Pennsylvania Conference of the United Methodist Church or its
successor to be used to provide scholarships on the condition that the scholarship be paid during
the ensuing year to one or more candidates for ministry in the United Methodist Church for use by
the recipient to pursue his .or her education. In its discretion, the Legacy Team may hold the
scholarship amount, or portion thereof, for a period of up to three years, if the Team is aware of a
future significant need for financial assistance.
In the event the annual scholarship becomes a sum of money sufficient to cover substantially all
of the educational expenses of the applicant, the Legacy Team will have authority to change the
provisions under which the scholarship is awarded in a manner consistent with the purposes for
the establishment of the Fund and the best interests of both the congregation and the applicant.
16
Appendix B-2
Braund Memorial Music Fund
Income from this Fund shall be used for the support of music and the choir in the Church and if
the Church has no such fund then this bequest shall, create such a fund and my daughter, Linda
shall have input as to the use of the income and/or principal fund.
Virginia Sharp Masland Music Fund
Income from this Fund shall be used for the purchase of music for the choir, the hiring of soloists,
the purchase of choir robes and similar choir expenses and not for the organ or other similar fund.
Mary Alice Lippert Scholarship Fund
The purpose of the Fund is to provide financial aid to a student(s) attending Big Spring High
School, Carlisle High School and/or Boiling Spring High School. Preference will be given to
those who will be majoring in:
1. Religious studies
2. Education
3. Health Service
4. Social Work
The student must be an undergraduate.No graduate student will be considered.
There is no stipulation as to what type of higher education the student will be attending-2 yr.,4
yr.,technical. etc. Need will not be a determining factor.
Mary E. K. Peters Scholarship Fund
The purpose of the Fund is to award funds for educational assistance to members of the church
attending or planning to attend a college or university. Preference shall be given to members who
are attending or planning to attend private college or universities. However, funds may be
disbursed to members attending public institution if there is no application for private
school. Funds may in any given year be split between one or more person or may not be awarded
at all should the scholarship committee decide not to do so for any reason.
17
r
Appendix B-3
Connie Gruber Scholarship Fund
The purpose of the Fund is to provide financial aid to any Carlisle resident, who is pursuing
studies in an institution of higher education in any of the following areas of study:
1. Ministry, including seminary studies
2. Music
3. Religious
4. Mission studies
5. Teacher education
Mrs. Heidi Hunted shall be notified of scholarships awarded:
Mrs. Heidi Hunted
1401 Orchlee Stree
Pittsburgh
Robert Harding Scholarship Fund
The purpose of the Fund is to provide financial aid to any resident of Pennsylvania who is
pursuing studies in any of the following areas:
1. Psychology
2. Health care field
3. Social Service
4. Ministry
King/Crowding Scholarship Fund
1. The amount of aid will be limited to the interest earned by the invested funds.
2. The scholarship will be available to any member of the church who was pursuing studies in
preparation for entering a Christian vocation.
3. The scholarship will be a grant and not a student loan.
4. Application for the scholarship would be made to the church scholarship committee, which
will be charged with the responsibility of administering the fund.
5. Preference would be given first to students enrolled in an accredited school of theology,
second to upper class student in an accredited college or university, and third to fast and second
year student in an accredited college or university.
18
s
Appendix C
Ministry Funds
These are the Ministry Funds of Carlisle United Methodist Church:
1. General Ministries
2. Children/Youth Ministries
o God's Little Ones Preschool
• Little Angels Day Care
• Church Camp Scholarships
• Upward Program
• Karen Layman Vision Fund
3. Music
4. Christian Education
5. Outreach and Missions
o CARES
• Samaritan Fellowship
• Salvation Army
o In His Service
• Project Share
• Missionary
• Haiti Partnership
o Sierra Leone Initiative
o Emergency Assistance Fund(Pastor's Discretionary)
o UMCOR Disaster ReliefNolunteers in Mission(VIM)
o Mission Central
o Safe Harbour
• Fruitbelt Farmworkers
• Y Mentoring
6. Caring/Congregational Care
• Lydia Fund(Food and Drink following Funerals)
• LAMA Health Fund
7. Facilities
8. Worship
19
r
Appendix D
Trusts
These are the sources of trust income for Carlisle United Methodist Church:
Name of Specified Use of Ministry Financial
Trust Trust Funds Fund Annual Share Trustee Institution
Placement
5%of Year
Such purpose as End Market
Albert Watson the church deems General Value with 1/3 BNY Mellon BNY
appropriate Ministries of income to Mellon
GUMC and its
successors
5%of Year
End Market
Such purpose as
Value
Naomi the church deems General with to BNY Mellon BNY
Watson appropriate Ministries of income t Mellon
GUMC and its
successors
5%of Year Wilmington
Charles S. Fry Such purpose as End Market Trust
&Helen B. Value with
Fry Memorial the church deems General Investment M&T Bank
50%of Income
Trust appropriate Ministries to GUMC and Advisors,
Inc.
its successors
5%of Year Wilmington
Such purpose as End Market Trust
Leslie M. Value with
Karper TUW the church deems General Investment M&T Bank
50%of Income
appropriate Ministries to GUMC and Advisors,
Inc.
its successors
Dorothy M. Scholarships for BNY
Hill Memorial Nursing or As Income BNY Mellon Mellon
College Specified
Wilmington
Scholarships for Trust
Dorothy M. Nursing or As Income Investment M&T Bank
Hill Memorial College Specified Advisors,
Inc.
20
b•
Care of grave of
Thomas Lindsay Wilmington
at Green Village Trust
Mary J. Cemetery, As Income Only Investment 7M&TBank
Gilmore Trust Balance for Specified Advisors,
general grounds Inc
care of entire
cemetery
Flowers at Wilmington
Westminster Trust
Mausoleum, Income Only nvestment M&T Bank
Gilmore Trust balance for Specified y
Advisors,
general church Inc.
use
Wilmington
3% of residual Trust
Luther C. Hall General Use General value of the Investment M&T Bank
Trust Ministries trust Advisors,
Inc.
21
Appendix E
Restricted Gifts
These are the Restricted Gifts:
Name of Donor Specific Use of Gift Control Ministry Fund
Agreement Placement
Dr. Ray R. and Thelma Preschool Program for Restricted Fund God's Little
M. McCullough Children Ages 4 and 5 Agreement Ones Preschool
22
7•
COMMONWEALTH OF PENNSYLVANIA
KATHLEEN G. KANE OFFICE OF ATTORNEY GENERAL
ATTORNEY GENERAL
December 16, 2013
Charitable Trusts and
Organizations Section
14`h Floor, Strawberry Square
Harrisburg, PA 17120
Telephone: (717) 705-1611
Facsimile: 717-787-1190
hvance_rittman @attomeygeneral.gov
Seth T. Mosebey, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Re: Carlisle United Methodist Church; Cumberland County.
Dear Mr. Mosebey:
This will acknowledge receipt of your notice pursuant to Supreme Court Orphans' Court Rule
5.5 regarding the above-captioned matter.
Based upon the submitted information, I have no objection to the Prayer for Relief, provided that
the restricted assets listed on the March 10, 2013 spreadsheet and any other restricted gift shall be used
in conformity with the terms of its granting instrument and shall not be diverted to any other purpose
without further notice. Please forward a copy of the filed petition as soon as it is available.
Please be advised that the above review was conducted pursuant to the parens patriae role of the
office and has no bearing on any matter unrelated to that function. Thank you for your time and
attention to this matter.
Sincerely,
Heather J. Vance-Rittman
Senior Deputy Attorney General
VERIFICATION
I, James E. VanZandt, of Carlisle United Methodist Church, hereby verify that I am
authorized to sign this Verification and have reviewed the foregoing Petition for Court Approval of
the Merger,Transfer, and Charitable Use of Nonprofit Corporation Assets and to the extent that the
foregoing document contains facts supplied by or known to me,they are true and correct to the best
of my knowledge, information and belief.
I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A.
§4904, relating to unsworn falsification to authorities.
CARLISLE UNITED METHODIST CHURCH
By: 5, v'^Z
J es E. VanZandt
CERTIFICATE OF SERVICE
I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller,
hereby certify that a copy of the foregoing Petition for Court Approval of the Merger,Transfer,and
Charitable Use of Nonprofit Corporation Assets was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Heather Vance-Rittman, Esquire
Commonwealth of Pennsylvania
Office of Attorney General
Charitable Trusts and Organizations Section
Strawberry Square - 14`h Floor
Harrisburg, PA 17120
MARTSON LAW OFFICES
By o..f.�
NPrice
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: j11111144