This Library is provided, primarily, to serve as research and educational material, with the overall objective of sharing knowledge of a great man and the philanthropy to which he and his wife gave birth. Its content is intended to provide facts as written and understood by those closest to the Hersheys’ philanthropy. This Library was not compiled for commercial purposes. Rather, it is a noncommercial educational work. It is my sincere hope that this Library will serve to educate those who desire to understand the Hersheys’ philanthropy, whether as a member of the School Family, a resident of the town of Hershey, Pennsylvania or one who has an interest in children’s homes or philanthropy in general.

The content of this Library (“Library Content”) has been compiled to facilitate the research and educational purposes described above. All copyrights in the Library Content remain with their respective owners.   The Library Content (and any portion or listing thereof) may not be reproduced or used for any commercial purpose and your use of this Library constitutes your agreement to not make any such reproduction or use.

You hereby agree to all of the foregoing as a condition to your access to each item in this Library.  This agreement is being entered into in order to protect the respective copyrights in the Library Content.

Comments or contributions designed to enhance the value of this work as research and educational material are welcome.  Please contact John F Halbleib at JohnHalbleib@JohnFHalbleib.com.

© Copyright 2005, by John F. Halbleib, All Rights Reserved

General Category

Approximate Date

Title

Author or Source

(Brief Description)

Deed of Trust

November 15, 1909

Original Deed of Trust

Milton S. & Catherine S. Hershey (John Snyder)

In early 1910, The Hershey Industrial School Trust is formed

Beneficiaries come into existence under Original Deed of Trust

December 4, 1919

December 30, 1919

1919 Petition

1919 Decree

Corporate Documents (1919, Revised 1933)

Milton S. & Catherine S. Hershey (John Snyder), and the Court of Common Pleas of Dauphin County, Pennsylvania

The Managers are incorporated as The Hershey Industrial School, a Pennsylvania nonprofit corporation.

This reflects the incorporation of the Managers as The Hershey Industrial School, a Pennsylvania nonprofit corporation, a corporation of the first class, authorized by the Court of Common Pleas of Dauphin County, Pennsylvania, the charter for which is recorded in the Office of the Recorder of Deeds in Dauphin County, Pennsylvania in Charter Book L, Page 282.

October 27, 1933

October 27, 1933

October 30, 1933

1933 Petition

1933 M.S. Hershey Declaration & Joinder

1933 Decree

Milton S. & Catherine S. Hershey (John Snyder), and the Court of Common Pleas of Dauphin County, Pennsylvania

The Original Deed of Trust was revised by the Court’s 1933 Decree which (1) modified the Original Deed of Trust to expand the class of orphans served by the School, as follows: (a) the maximum age range for admission of poor, healthy, white male orphans was expanded from between four and eight years of age to between four and fourteen years of age; and (b) otherwise qualified boys whose mothers were deceased but whose fathers were still living were made eligible for admission and (2) added this provision, “No person employed by the school, in any capacity, in connection with which any compensation or expenses are directly or indirectly paid, shall at the same time serve as a member of the Managers of The Hershey Industrial School,” as Paragraph 29 of the Deed of Trust; Milton S. Hershey joined in said 1933 Petition.

October 30, 1933

M.S. Hershey’s Deed of Trust

Milton S. & Catherine S. Hershey (John Snyder), and the Court of Common Pleas of Dauphin County, Pennsylvania

August 22, 1935

1935 Living Trust of Milton Hershey

M.S. Hershey establishes the 1935 Living Trust of Milton Hershey

December 17, 1951

December 24, 1951

1951 Petition

1951 Decree

“1951 Petition”- the Petition for Modification of Trust, In Re Petition of The Hershey Industrial School for Modification of Trust, No. 824 – 1951, in the Orphans’ Court of Dauphin County, Pennsylvania, dated December 12, 1951, filed by The Hershey Industrial School, a Pennsylvania nonprofit corporation, by leave of the Attorney General.

“1951 Decree”- the decree entered in Dauphin County Orphans' Court Docket No. 824, on December 17, 1951, which also gave rise to an Amendment to the Articles of Incorporation of the Managers recorded in the Office of the Recorder of Deeds in and for the County of Dauphin in Charter Book "P", at page 658 and further amended on December 24, 1951 in Charter Book "T" at page 273.

“1951 Deed Modification” is the change from use of the name “The Hershey Industrial School” to use of the name “Milton Hershey School,” authorized by the 1951 Decree, the decree entered in Dauphin County Orphans' Court Docket No. 824, on December 17, 1951, which also gave rise to an Amendment to the Articles of Incorporation of the Managers recorded in the Office of the Recorder of Deeds in and for the County of Dauphin in Charter Book "P", at page 658 and further amended on December 24, 1951 in Charter Book "T" at page 273.

“1951 Unauthorized Deed Deviation” means the misstatement of the Managers to the Orphans’ Court of Dauphin County, Pennsylvania following Milton Hershey’s death that “3.  Pursuant to the provisions of the deed of trust, The Hershey Industrial School was established on or about the third day of September, 1910; and was conducted as an unincorporated school for the purposes and subject to the conditions in the deed of trust set forth, until the thirtieth day of December, 1919” implying that the School was incorporated on December 30, 1919 as part of the incorporation of the Managers.  In the 1933 Petition the Managers made the following statement of fact: “3. Pursuant to the provisions of the deed of trust, The Hershey Industrial School was established on or about the third day of September, 1910; and was conducted and managed by said Managers and their successors as an unincorporated school for the purposes and subject to the conditions in the deed of trust set forth, until the thirtieth day of December, 1919.  4. On the’ thirtieth day of December, 1919, your Honorable Court entered a decree incorporating the Managers and their successors as a corporation of the first class, under and subject to the provisions of the Act of Assembly approved the 29th day of April, 1874, entitled “An act to provide for the incorporation and regulation of certain corporations,” under the name and style of “The Hershey Industrial School,” your petitioner herein. The charter granted to your petition is recorded in the office for the recording of deeds, etc. aforesaid, in Charter Book L, page 282, etc. A copy thereof is attached hereto, marked “Exhibit B” and made a part hereof.  5. Upon its incorporation, your petitioner took over the control and management of the school and has since and is now conducting the same as contemplated by, and under the conditions and limitations contained in, the deed of trust.  6. At the time of, and from time to time subsequent to, the establishment of the school, Milton S. Hershey . . . .”  The bolded words are missing or changed in the 1951 Petition.  The 1933 language and the 1951 language give rise to different meanings.  Inasmuch as Milton S. Hershey signed the 1933 Petition as “The Hershey Industrial School, by Milton S. Hershey, Chairman of the Managers” and added his 1933 M.S. Hershey Declaration and Joinder, the 1933 language must be the correct or authoritative language on this subject.

February 26, 1953

Approved by the Board of Managers at their meeting on this date, implemented a few months later.

Indenture – Original

Enrollment Agreement – After Mid-1953

“1953 Unauthorized Deed Deviation” means the Managers’ elimination of Indenturing (without legal process or authority from the Court) though Indenturing was expressly required by Paragraph 15 of the 1951 Deed of Trust.

August 23, 1963

1963 Decree

“1963 Unconstitutional Deed Modifications” means the 1963 Decree’s effective change in the class of beneficiaries of the Trust without regard to race or gender and without notice and hearing in regards to the $50,000,000 distributed from the Trust to Pennsylvania State University to build a medical center, which completely ignored the United States Constitution’s requirements that orphans of other race and gender be considered and it also served to limit the total number of beneficiaries that the Trust could serve due to reduced availability of funds.   The 1963 Decree was entered the same day as the day on which the 1963 Petition was filed with said Court without notice or a hearing.  The 1963 Petition was filed on August 23, 1963, the 1963 Degree was entered on August 23, 1963 and the 1963 Decree was recorded on August 23, 1963, 712 of 63, O.C. Book, Vol. F-4, Page 22 / Clerk of Orphans Court, without notice or a hearing.

May – June 1968

May 13, 1968 Nurick Opinion

June 6, 1968 Attorney General Opinion

“1968 Unauthorized Deed Deviation” means the Managers announcement of a new policy of accepting applications for admission to the Milton Hershey School without regard to the racial criteria specified in the Deed of Trust, without having obtained Court authorization.   That is, this is not a qualitative statement regarding the merits of this change.  Rather, it is an observation that even the Managers, Trustee and Trust are subject to proper process of law.

“1968 Nurick Opinion re Girard”- the May 13, 1968 Opinion of Gilbert Nurick, Counsel to the Board of Managers of Milton Hershey School, pursuant to which the racially restrictive admissions requirement was terminated.

“1968 OAG Opinion re Girard”- June 4, 1968 Opinion of William C. Sennett, Attorney General of Pennsylvania, pursuant to which racially restrictive admissions requirement was terminated.

August 23, 1968

December 17, 1968

1968 Petition to Modify 1963 Decree

1968 Decree

“1968 Petition”- the Petition for Modification of the Decree of the Orphans’ Court of Dauphin County Dated August 23, 1963, filed in the Orphans’ Court of Dauphin County, Pennsylvania No. 712, 1963, as In Re: Petition of Hershey Trust Company, Trustee for The M.S. Hershey Foundation, for Modification of the Decree of the Orphans’ Court of Dauphin County, Pennsylvania, dated August 23, 1963, to Substitute The Pennsylvania State University as Trustee of The Milton S. Hershey Medical Center.

Paragraph 5 of the 1968 Petition states:  “Prior to August 23, 1963, the assets of the Foundation Trust were derived solely from the inter vivos gifts of Settlor [, Milton S. Hershey,] and subsequent gifts of the Hershey Foods Corporation, formerly Hershey Chocolate Company.”

“1968 Decree” - the Decree entered in Dauphin County Orphans' Court Docket No. 712 of 1963 on December 17, 1968 entered by Lee F. Swope, which 1968 Decree, among other things, authorized the transfer of ownership and control of The Milton S. Hershey Medical Center from The M.S. Hershey Foundation to The Pennsylvania State University.   The 1968 Petition was filed on December 17, 1968, the 1968 Degree was entered on December 17, 1968 and the 1968 Decree was recorded on December 17, 1968,  712 of 63, O.C. Book Vol. J-4, Page 238 / Clerk of Orphans Court, without notice or a hearing.

December 24, 1970

1970 Decree

“1970 Petition”- the cy pres petition, Petition for Modification of Trust, filed in Dauphin County Orphans' Court Docket No. 712 of 1963 on December 24, 1970.

“1970 Decree”- the Decree of the Orphans’ Court Dauphin County, Pennsylvania, entered in Dauphin County Orphans' Court Docket No. 712 of 1963 on December 24, 1970, signed by Lee F. Swope.  The 1970 Petition was filed on December 24, 1970, the 1970 Degree was entered on December 24, 1970 and the 1970 Decree was recorded on December 24, 1970,  712 of 63, O. C. Book Vol. Q-4, Page 129/ Clerk of Orphans Court, without notice or a hearing.

“1970 Deed Modifications”- the numerous changes to the Deed of Trust effected by the 1970 Decree, which includes (1) elimination of all references in the Deed of Trust that restricted admission to the school to “white” orphans; (2) authorizing the payment of reasonable expenses incurred by the Managers’ in the performance of their duties; (3) authorizing officers, counsel and consultants who were compensated employees of the school to also serve as Managers; (4) authorizing the examination of Trust investment securities to be performed by certified public accountants rather than the Managers; (5) authorizing the Managers to delegate investment decisions to an Investment Committee; (6) extension of the age of admission to sixteen years (that is, that the child not have reached his 16th birthday); (7) acknowledging the expansion of the school beyond land originally conveyed by the Original Deed of Trust; (8) elimination of the requirement in the Deed of Trust that “No orphans shall be admitted until” Indentured; (9) elimination of the requirement that proceeds from the sale of land be used solely to purchase additional land; (10) expressly authorizing students to remain at the school until they completed their secondary education, even if they remained past their eighteenth birthday; and (11) the incorporation of all prior modifications of the Original Deed of Trust into a Restated Deed of Trust.

“1970 Unconstitutional Deed Modifications” means the numerous changes to the Deed of Trust effected by the 1970 Decree that altered the class of beneficiaries without notice and hearing and those that served to limit the maximum number of children the Trust could serve, which includes (1) elimination of all references in the Deed of Trust that restricted admission to the school to “white” orphans; (2) extension of the age of admission to sixteen years (that is, that the child not have reached his 16th birthday); (3) elimination of the requirement in the Deed of Trust that “No orphans shall be admitted until” Indentured; and (4) elimination of the requirement that proceeds from the sale of land be used solely to purchase additional land, because each of these placed restrictions of the Trust’s ability to serve all of the beneficiaries that it would have been obligated to serve had the United States Constitution been observed.  That is, this is not a qualitative statement regarding the merits of these changes.  Rather, it is an observation that even the Managers, Trustee and Trust are subject to proper process of law.

November 15, 1976

1976 Decree

“1976 Petition”- the cy pres petition, Petition for Modification of Trust, filed in Dauphin County Orphans' Court Docket No. 712 of 1963 on November 15, 1976.

“1976 Decree”- the Decree entered in Dauphin County Orphans' Court Docket No. 712 of 1963 on November 15, 1976, signed by Lee F. Swope."  The 1976 Petition was filed on November 15, 1976, and the 1976 Degree was entered on November 15, 1976, without notice or a hearing.

“1976 Deed Modifications”- the numerous changes to the Deed of Trust effected by the 1976 Decree, which includes (1) elimination of all references to the restriction of admission to “males”; (2) elimination of the requirement that students be biological orphans, and allowing admission if a child was not receiving adequate parental care from one of his or her natural parents, even though both of the child’s natural parents were living; (3) correction of the spelling of Catherine S. Hershey’s first name; and (4) the incorporation of these 1976 modifications into a Second Restated Deed of Trust.

“1976 Unconstitutional Deed Modifications” means the numerous changes to the Deed of Trust effected by the 1976 Decree that altered the class of beneficiaries without notice and hearing and those that served to limit the maximum number of children the Trust could serve, which includes (1) elimination of all references to the restriction of admission to “males”; (2) elimination of the requirement that students be biological orphans, and allowing admission if a child was not receiving adequate parental care from one of his or her natural parents, even though both of the child’s natural parents were living, because each of these placed restrictions of the Trust’s ability to serve all of the beneficiaries that it would have been obligated to serve had the United States Constitution been observed.  That is, this is not a qualitative statement regarding the merits of these changes.  Rather, it is an observation that even the Managers, Trustee and Trust are subject to proper process of law.

February 8, 1990

21st Century Initiative Deviations

   Official Version

   Typed Searchable

1990 Unauthorized 21st Century Initiative Deviations” means those parts of the 21st Century Initiative that are inconsistent with language in the Deed of Trust to the contrary, including (but not limited to) the elimination of the vocational program, recruiting students from outside the United States, and the implied shift from “dependent” children to “financially needy” children.

The 21^st Century Initiative, adopted by the Board of Managers on February 8, 1990, evidences intent to deviate from the original intent of the Hersheys, although it does state that some of the attributes might require Court order.  Here are some of the words of the Joint Committee of Board and Staff which indicate an awareness of these unauthorized deviations:

“Obviously, the course that was chartered by the Board in 1988 is an aggressive one.”

“The direction that was set in 1988, the interim decisions which had to be taken between then and now, and the three major decisions which we now are facing together constitute dramatic change for Milton Hershey School.”

“We believe what we have prepared does accurately reflect the direction which the Board wants to see the School take as we prepare for the next century.”

“We do not believe that everyone will agree with the direction embodied in these documents, but we do believe that everyone who is part of Milton Hershey School has the right to know the direction in which the School is going and then to make his or her own decision with respect to whether or not to be part of that decision.”

“The committee believes that it is the right direction for the School.”

There is the introduction of the concept of “financially needy” often use instead of “poor” or “dependent.”

Under “DIRECTIONAL GOALS AND STRATEGIES,” “To seek students from throughout the United States and the world who are most likely to benefit from the residential and the academic programs.”

“Phase out job specific vo-tech training . . . .”

“Determine the optimal enrollment of the School.”

These are just some of the problematic aspects of the 21^st Century Initiative.

August 12, 1998

See information →

“1998 Deed Modification”- The Honorable Judge Warren G. Morgan’s ruling in the Orphans’ Court’s confirmation of the Twenty-Second and Partial Accounting dated August 12, 1998 that “[…] this Court confirming that it is appropriate for the School, from time to time, to provide minor, incidental direct support to, and/or permit the minor, incidental use of assets/facilities of the School by, certain third parties and members of the public, without charge (or for nominal charge), where such support and/or use has been determined by the School, in its discretion, to further the charitable purpose of the School, as described in the Petition for Adjudication.”

Refer to Twenty-Second and Partial Account.  (Docket Entries at No. 712 of 1963.)  Accountings - Applicable Years: 08/01/93 to 07/31/96 Date Confirmed by Court: 08/12/98.

“22nd Trust Accounting”- the Twenty-Second and Partial Account, Docket Entries at No. 712 of 1963, Accountings - Applicable Years: 08/01/93 to 07/31/96, Confirmed by Court on August 12, 1998.

February 1999

July 23, 1999

September 1, 1999

October 21, 1999

December 7, 1999

1999 Cy Pres Petition

1999 Amicus Brief

     Appendices

     Exhibits A-G

     Exhibits H-Q

Petitioners’ Reply Brief

Attorney General Brief

Petitioners’ Reply Brief

1999 Adjudication

“1999 Cy Pres Petition”- the Petition for Cy Pres Award of Portion of Accumulated Income and Authorization for the Execution and Delivery of Certain Easements Cy Pres, signed January 19, 1999 and filed in Dauphin County Orphans' Court Docket No. 712 of 1963 in February 1999, by the Milton Hershey School, a Pennsylvania nonprofit corporation, as the Managers, and the Hershey Trust Company, as Trustee, of the Milton Hershey School Trust.

“CHILD” - the Catherine Hershey Institute for Learning and Development as proposed in the 1999 Cy Pres Petition.

“Proposed Greenway Easement” - the proposed “greenway” easement, which was “to perpetually preserve for conservation purposes a portion of School Trust real estate, consisting of approximately 1,000 acres along 11 miles of the Swatara Creek in Dauphin County, as more particularly described in Exhibit “A-12" to the Appendix,” as proposed in the 1999 Cy Pres Petition.

“1999 Amicus Brief”- the Brief of Milton Hershey School Alumni Association, authored by Mayer, Brown & Platt as counsel for the Alumni Association, filed by John F. Halbleib, Esq., as a partner in Mayer, Brown & Platt, John F. Mardula, Esq., as Vice President and Counsel of the Alumni Association and Michael J. Wilson, Esq., as local pro bono counsel, in the Orphans Court in opposition to the 1999 Cy Pres Petition (that is, opposing CHILD and the Greenway Easement), on behalf of the Alumni Association, dated July 23, 1999.

“1999 – 2002 Alumni Association Legal Counsel”- Mayer, Brown & Platt, which by agreement became Mayer, Brown, Rowe & Maw in February 2002,   which served as legal counsel to the Alumni Association from the beginning of 1999 through the end of 2002 on a pro bono basis.

“1999 Adjudication”- the Adjudication dated December 7, 1999 entered in Dauphin County Orphans' Court Docket No. 712 of 1963 and signed by the Honorable Judge Warren G. Morgan.

In his 1999 Adjudication, Judge Morgan denied the Trust’s petition for CHILD and the Greenway Easement.  Judge Morgan granted the petition for the Bike Path Easement.  Here are some important points that Judge Morgan makes in his decision:

·         The vision of Milton and Catherine Hershey was to relieve poor children from all of the conditions of poverty; to undertake their total care and upbringing.

·         Any discretion of the Board of Managers is servient to the dominant intent of the Hersheys to care for as many children at the School as the income will permit.

·         We reject the Managers’ suggestion that conclusions reflected in decrees of this Court in prior proceedings in which the expression “pro tanto failure” was asserted are binding upon us in this proceeding.

·         The specific intention of the Hersheys, as plainly stated in the Deed of Trust, was to remove children from an environment of poverty and to place them in a residential setting where they would be provided all of the necessities of food, shelter, clothing and health care together with moral and ethical guidance as well as class-room education.

·         The proposed Institute does not approximate the Hersheys’ express intention for the Milton Hershey School and would do violence to it.

·         When, in 1976, the Managers, alleging that the requested modification was consistent with the intent of the Hersheys, obtained from this Court a decree changing applicant eligibility to include males and females, whites and non-whites, and re-defined “orphan”, they forever [St. Mark 14:7] expanded the mission of the School and the charge upon its Managers.

·         The express purpose to which the Hersheys dedicated their wealth is a structured, residential setting to which a child is removed from impoverished living conditions.  Any reading of the Deed of Trust must convince one that the Hersheys had in mind that theirs would be a direct gift to the child, with observable results.

·         However well intentioned, the Managers’ idea of philanthropic efficiency is not a ground for cy pres.

·         In the exercise of cy pres, deference to the “Dead Hands” of Milton S. Hershey and Catherine, his wife, need not be so rigid as to stifle resourcefulness but our discretion is not unfettered and, if exercised, must be within the limits of approximating the dominant intent of the Hersheys.  The proposed Institute does not come close.

·         However worthy the motive of the Managers, the land is held under trust and their power to alienate such property is limited.  The Managers have a broad discretion to sell the land but it is well established that the power of sale conferred upon a trustee does not authorize an alienation of any character other than a sale.  The power to sell does not authorize a gift of the property.

·         However, the duration of the easement [for the bike path] is for a limited period; the cost of construction will come from sources other than the trust, and the improvement will be a direct and readily available benefit to the School at its campus.  Under these circumstances, there is sufficient consideration received for the grant of the easement to support the conveyance.

2000

See information →

“2000 Unauthorized Modification” means the assertion set forth in the 23^rd Trust Accounting that the Milton Hershey School, a Pennsylvania nonprofit corporation, as the Managers, is the beneficiary of the Trust and accountant, with an interest in the Trust as a 100% beneficiary in trust income and a fiduciary, while also claiming that the beneficiaries of the Trust are instead beneficiaries of the Managers through this language contained in the 23^rd Trust Accounting “the Milton Hershey School (the “School”), and the Hershey Trust Company, Trustee (the “Trust Company”)” and “The School is a charitable entity and its beneficiaries, by the  terms of its governing instruments, are poor and healthy children who are not receiving adequate care from one of their natural parents, who are of good character and behavior, who have potential for scholastic achievement, who are likely to benefit from the program being offered by the School, and  who meet other qualifications stated in the Deed of  Trust.”

The petition of the Milton Hershey School (the “School”), and the Hershey Trust Company, Trustee (the “Trust Company”) petitioned and represented:

“II. The accountant(s), the Trust Company and the School, were appointed fiduciaries, by the aforesaid Deed of Trust or by other proceeding. [Note that the purpose text was omitted] The School, pursuant to paragraph 28 of the Deed of Trust, is the corporate successor to the individual Managers, and the School (acting under the management and control of the Board of Managers, its corporate directors) has succeeded to the rights, authority, duties, and responsibilities of the Board of Managers referenced in the Deed of Trust.

III.  The trust arises as follows:  The subject School and Trust were created to establish, fund, and operate in Derry Township, Dauphin County, Pennsylvania a permanent institution for the residence, accommodation, schooling and training of poor and healthy children who are not receiving adequate care from one of their natural parents, who are of good character and behavior, who have potential for scholastic achievement, who are likely to benefit from the program being offered by the School, and  who meet the other qualifications stated in the Deed of  Trust.  The School, as authorized in the Deed of Trust, is a non-profit corporation under Pennsylvania law which is financed through the net income of the Trust.

. . . .

IX.  The names of all persons or entities having any interest in the said fund, are as follows:  The Pennsylvania Attorney General has an interest in the subject Trust and the School in his capacity as ‘Parens patriae.’  The School   is a charitable entity and its beneficiaries, by the  terms of its governing instruments, are poor and healthy children who are not receiving adequate care from one of their natural parents, who are of good character and behavior, who have potential for scholastic achievement, who are likely to benefit from the program being offered by the School, and  who meet other qualifications stated in the Deed of  Trust.

Note that this is the first accounting which lists only the School and the Trust Company as the petitioners.  References to Managers as accountants were replaced with “School.”  The Managers are not petitioners.  The date of the Deed of Trust is corrected to November 15, 1909.  Also, “Board of Managers of Milton Hershey School, consisting of . . . Managers of Milton Hershey School and Accountant  N/A” was deleted from the table of interested persons.  Moreover, the specific descriptions have been revised. 

July 31, 2002

Agreement between Milton Hershey School and the Office of the Attorney General

August 12, 2002

August 19, 2002

August 23, 2002

August 26, 2002

August 28, 2002

August 28, 2002

August 29, 2002

September 3, 2002

September 3, 2002

September 3, 2002

September 3, 2002

September 4, 2002

September 4, 2002

September 4, 2002

September 4, 2002

September 6, 2002

September 6, 2002

September 6, 2002

September 6, 2002

September 6, 2002

September 6, 2002

September 9, 2002

September 10, 2002

September 18, 2002

September 18, 2002

September 18, 2002

September 27, 2002

October 3, 2002

October 10, 2002

October 16, 2002

Petition for Citation

Order

Motion for Special Ex Parte Injunctive Relief

MHS-HTC Answer to AG's Motion

Motion to Expedite Hearing/Decision on Petition to Intervene

Petition to Intervene

MHSAA Memorandum in Support of its Petition to Intervene

Order

Transcript of Proceedings Special Injunctive Relief Hearing

Brief of MHS & HTC in Opposition to Motion for Special Ex Parte Injunctive Relief

NHA Petition for Leave to Intervene

Stipulation of Facts re:  Preliminary Injunction Hearing

Statement of Matters Complained of and Intended to be Argued on Appeal

Emergency Application for Oral Argument

Emergency Application for Suspension of Injunction Pending Appeal

Temporary Restraining Order

Attorney General’s Response to Petition to Designate Representative of Orphan Beneficiaries

Attorney General’s Response to Petition to Intervene of the Milton Hershey School Alumni Association

Answer and Objections of MHS & HTC to MHSAA Petition to Intervene

Subpoena of John F Halbleib to Attend and Testify

Transcript of Proceedings Hearing on Motion to Intervene

MHSAA Praecipe

Answer with Objections and New Matter to Petition for Citation for Rule to Show Cause

Orphans' Court Adjudication

Commonwealth Court

Decision & Order

Answer & Objections of MHS & HTC to MHSAA Petition to “Designate Representative of the Orphan Beneficiaries of the Milton Hershey School Trust”

Consolidated Brief of MHS & HTC in Opposition to Both MHSAA Petition to Intervene and the Petition to Designate Representative of the Orphan Beneficiaries

Motion to Dismiss of MHS & HTC

Brief of the Attorney General in Opposition to  Motion to Dismiss of HTC & MHS

Orphans' Court Transcript - Motion to Dismiss Hearing

Orphans' Court Decree and Adjudication

8/12/02 Petition for Citation for Rule to Show Cause Why a Proposed Sale of Trust Assets Constituting the Controlling Interest in Hershey Foods Corporation Should Not Be Conditioned Upon Court Approval

Filed by:  Office of Attorney General

8/19/02 Order

Filed by:  Dauphin County Orphan’s Court Division`

8/23/02 Motion for Special Ex Parte Injunctive Relief Pursuant to

42 PaR.C.P. No. 1531(a)

Filed by:  Office of Attorney General

8/26/02 MHS-HTC Answer to AG's Motion. 

8/28/02 Motion to Expedite Hearing/Decision on Petition to Intervene

Filed by:  MHSAA

8/28/02 Petition to Intervene of the Milton Hershey School Alumni Association

Filed by:  MHSAA

MHSAA Memorandum in Support of its Petition to Intervene

8/29/02 Order

9/3/02   Transcript of Proceedings Special Injunctive Relief Hearing

9/3/02   Brief of the Milton Hershey School and the Hershey Trust Company in Opposition to the Motion for Special Ex Parte Injunctive Relief Filed by the Attorney General

Filed by: Attorneys for MHS and Hershey Trust Company

9/3/02   Petition for Leave to Intervene under PA.R.Civ.Proc.2328, or in the Alternative to Participate in all Proceedings as an Amicus Curiae, Regarding the Pending Petitions Filed on October 6, 2000 and August 12, 2002.

Filed by:  Craig Stark/National Hershey Association

9/3/02   Stipulation of Facts re:  Preliminary Injunction Hearing of September 3, 2002

Filed by:  Attorneys for MHS and Hershey Trust Company

9/4/02   Concise Statement of Matters Complained of and Intended to be Argued on Appeal

Filed by:  Attorneys for MHS and Hershey Trust Company

9/4/02   Emergency Application for Oral Argument

Filed by:  Attorneys for MHS and Hershey Trust Company

9/4/02   Emergency Application for Suspension of Injunction Pending Appeal

Filed by: Attorneys for MHS and Hershey Trust Company

9/4/02   Temporary Restraining Order

Filed by:  Warren G. Morgan

9/6/02   Attorney General’s Response to Petition to Designate Representative of Orphan Beneficiaries of the Milton Hershey School Trust

Filed by:  Office of Attorney General

9/6/02   Attorney General’s Response to Petition to Intervene of the Milton Hershey School Alumni Association

Filed by:  Office of Attorney General

9/6/02   Answer and Objections of the Milton Hershey School and Hershey Trust Company to the Petition to Intervene of the MHSAA

Filed by:  Attorneys for MHS and Hershey Trust Company

9/6/02   Subpoena of John F Halbleib to Attend and Testify

9/6/02   Transcript of Proceedings Hearing on Motion to Intervene

9/6/02   MHSAA Praecipe

9/9/02   Answer with Objections and New Matter to Petition for Citation for Rule to Show Cause

Filed by: Attorneys for MHS and Hershey Trust Company

9/10/02 Orphans' Court Adjudication

Filed by:  Judge Warren Morgan

9/18/02 Commonwealth Court Decision & Order

Filed by:  James Gardner Colins, President Judge

9/18/02 Answer & Objections of the Milton Hershey School and the Hershey Trust Company to the Petition to “Designate Representative of the Orphan Beneficiaries of the Milton Hershey School Trust” of the MHSAA

Filed by:  Attorneys for MHS and Hershey Trust Company

9/18/02 Consolidated Brief of Milton Hershey School and Hershey Trust Company in Opposition to Both the Petition to Intervene and the Petition to Designate Representative of the Orphan Beneficiaries Filed by the MHSAA

Filed by:  Attorneys for MHS and Hershey Trust Company

9/27/02 Motion to Dismiss of the Milton Hershey School and the Hershey Trust Company

Filed by:  Attorneys for MHS and Hershey Trust Company

10/3/02 Brief of the Attorney General in Opposition to Motion to Dismiss of the Hershey Trust Company and Milton Hershey School

Filed by:  Office of the Attorney General

10/10/02            Orphans' Court Transcript - Motion to Dismiss Hearing

10/16/02            Orphans' Court Decree and Adjudication

Filed by:  Judge Warren G. Morgan

September 4, 2003

October 16, 2003

October 20, 2003

October 20, 2003

October 20, 2003

November 10, 2003

November 19, 2003

January 31, 2005

March 2, 2005

2003 Alumni Association Petition

Derry Township

MHS & Trustee

Attorney General Memo of Law

Attorney General Preliminary Objections

2003 MHSAA Standing Hearing Transcript

2003 Decrees & Opinion

2004 MHSAA Appeal Brief

2004 MHS & HTC Appeal Response Brief

2004 Attorney General Appeal Response Brief

January 31, 2005 Commonwealth Court Order & Opinion re MHSAA Standing

March 2, 2005 Appeal of Attorney General

March 2, 2005 Appeal of the Trustee and the Managers

“2003 Alumni Association Petition” - that certain petition, dated September 4, 2003, filed by the Milton Hershey School Alumni Association, a Pennsylvania nonprofit corporation, in the Court of Common Pleas, Orphans’ Court Division, Dauphin County, Pennsylvania, in equity proceeding Milton Hershey School and Hershey Trust Company, trustee of Milton Hershey School Trust, No. 712, Year of 1963.

“2003 Hearing Transcript” - that certain Transcript of Proceedings, Preliminary Objections to Petition to Show Cause before the Honorable Warren G. Morgan, dated November 10, 2003, in connection with the 2003 Alumni Association Petition.

“2003 Decrees” - those certain Orders, dated November 19, 2003, entered by the Orphans’ Court denying the Alumni Association standing and dismissing the 2003 Alumni Association Petition.

“2003 Opinion” - that certain Opinion, dated November 19, 2003, of the Honorable Judge Warren G. Morgan, issued in support of the Orphans Court’s 2003 Decrees, denying standing to the Alumni Association and dismissing the 2003 Alumni Association Petition.

January 31, 2005 Commonwealth Court Order & Opinion re MHSAA Standing – On November 9, 2003, the Honorable Judge Warren G. Morgan denied standing to the Milton Hershey School Alumni Association. On January 31, 2005, the Commonwealth Court of Pennsylvania, in a split decision of 4 to 3, held “Accordingly, because the Association has a “special interest” in this proceeding, it should have been allowed to challenge the modification of the July 2002 Reform Agreement, and for the foregoing reasons, the order of the trial court is reversed and the matter is remanded for hearings on the Association’s petition.” 

Both the Office of the Attorney General of the Commonwealth of Pennsylvania, and the Hershey Trust Company and the Managers appealed the January 31, 2005 split decision of the Commonwealth Court to the Supreme Court of Pennsylvania

November 15, 1976

to Current

Deed of Trust – Current

Milton S. & Catherine S. Hershey (John Snyder), the Court of Common Pleas, Orphans Court Division of the Court of Common Pleas, & Commonwealth Court, Dauphin County, Pennsylvania

Deed of Trust & the Ideal Community

Milton S. & Catherine S. Hershey (John Snyder), analysis by John F Halbleib

Indenture

1910 through Mid-1953

Indenture – Original

Milton S. & Catherine S. Hershey (John Snyder)

Mid-1953 to ?

Enrollment – After Mid-1953

1918 Conveyances

Effective:

January 1, 1918

1918 Conveyance of Non-Chocolate Assets to Hershey Chocolate Company

Milton S. Hershey (John Snyder)

Non-Chocolate Assets and Land (“being the town of Hershey”) are transferred to Hershey Chocolate Company

November 13, 1918

1918 Transfer of Hershey Chocolate Company Stock to the Trust

Milton S. Hershey (John Snyder)

Substantially all of the Hershey Chocolate Company stock ($60,000,000) is transferred to the Trust

November 14, 1918

1918 Letter from M.S. Hershey regarding First Trust

Milton S. Hershey (John Snyder)

Milton Hershey confirms Milton Hershey’s First Trust

Milton Hershey’s Alumni Association

1930

The Hershey Industrial School Alumni Association Constitution

Milton S. Hershey (John Snyder), and George Copenhaver

January 30, 1947

Application for a Charter for a Domestic Nonprofit Corporation

“1947 Alumni Association Incorporation Decree” is the decree by the Court of Common Pleas of Dauphin County, on March 17, 1947, which decree provided that upon the recording of the Articles of Incorporation and this Order, that the Alumni Association would be incorporated and the Alumni Association was incorporated on March 17, 1947, granting the Application for a Charter for a Domestic Nonprofit Corporation, for The Hershey Industrial School Alumni Association, dated January 30, 1947, in the Court of Common Pleas of Dauphin County, Pennsylvania, No. 213, January Term, 1947, filed in the Office of the Prothonotary of Dauphin County on February 14, 1947.

1976

Declaration of Fellowship

“1976 Declaration of Fellowship”- Milton Hershey School Alumni Association. The Unanimous Declaration of Fellowship – 1976. 24 Apr. 1976.

June 5, 1984

Articles of Amendment – Domestic Nonprofit Corporation of the Milton Hershey School Alumni Association

“1984 Alumni Association Articles of Amendment”- the Articles of Amendment – Domestic Nonprofit Corporation of the Milton Hershey School Alumni Association filed on June 5, 1984 with the Secretary of the Commonwealth, Department of State, Commonwealth of Pennsylvania, in which it is stated that the Alumni Association was incorporated on March 17, 1947.

November 12, 2000

Bylaws

The Bylaws of the Milton Hershey Alumni Association

Paul Reed’s Memo

November 10, 1933

Paul Reed Memo to Mr. W. v. Tresckow regarding Suggestions to Mr. Hershey and Associates

This is the memorandum dated November 10, 1933, from Mr. Paul Reed to Mr. W. v.Tresckow, Assistant Vice President, regarding Suggestions to Mr. Hershey and Associates.

M.S. Hershey Foundation

December 5, 1935

M.S. Hershey Foundation

M.S. Hershey Foundation is established to provide educational opportunities for Derry Township residents.

Derry Township School District Trust

September 29, 1944, effective upon M.S.’ death on October 13, 1945

Derry Township School District Trust

The 1945 Residual Derry Township School District Trust is established upon the death of Milton S. Hershey on October 13, 1945.

The “1945 Residual Derry Township School District Trust” is the trust created pursuant to the 1944 Milton Hershey Will, pursuant to which Milton Hershey bequeathed all of the rest and residue of his estate “to Hershey Trust Company, of Hershey, Pennsylvania, in trust, nevertheless, to hold, invest and reinvest in such securities as may seem best in the judgment of the Directors of said Trust Company, and order and direct my said Trustee to pay the income thereof in semi-annual installments to the School District of Derry Township, Dauphin County, Pennsylvania, for the use of said School District, particularly for the purpose of assisting such Township to relieve the tax burden for the upkeep and maintenance of the public school in said District.”

Archival Material of Significance

1939

The Story Behind a Hershey Bar, the History

Murrie, Richard Wallace  The Story Behind a Hershey Bar, the History of the foundation and subsequent growth of the Hershey Chocolate Corporation and the simultaneous development of the model industrial community of Hershey, Pennsylvania. Senior Thesis, Department of History, Princeton University, 1939

Richard Wallace Murrie is the son of William Franklin Reynolds Murrie, who was once a President of the Hershey Chocolate Company and member of the Board of Managers.

1948

The Development of an In-Service Training Program for House-Parents of the Hershey Industrial School

Hershey, John O. The Development of an In-Service Training Program for House-Parents of the Hershey Industrial School.  University of Pennsylvania, 1948. This report was submitted in partial fulfillment of the requirements for the degree of Doctor of Education.

June 1950

Institutional Trust Service

Gumpher, Joseph S. Institutional Trust Service. New Burnswick: Rutgers University, 1950. This document was submitted in partial fulfillment of the requirements for The Graduate School of Banking conducted by the American Bankers Association at Rutgers University.

1950

THE ALUMNI OF THE HERSHEY INDUSTRIAL SCHOOL, Information Concerning Them and What They Say About Their Alma Mater

Hershey, John O. THE ALUMNI OF THE HERSHEY INDUSTRIAL SCHOOL, Information Concerning Them and What They Say About Their Alma Mater. Hershey, PA: The Hershey Industrial School, 1950.

1950

The Houseparent Handbook, a Guide for the Houseparents of The Hershey Industrial School

Bobb, James E., John J. Daniel, John O. Hershey eds. The Houseparent Handbook, a Guide for the Houseparents of The Hershey Industrial School. Hershey, Pennsylvania: The Hershey Industrial School, 1950. The Handbook was first adopted in May 1946; was then revised in Jan. 1947 and again in Jan. 1948; it was first printed in this 1950 edition. The printing was done by the students of The Hershey Industrial School.  At that time, John O. Hershey was Director, Student Personnel Department, and he edited this Guide in collaboration with James E. Bobb, Superintendent Farm-Home Division, and John J. Daniel, Superintendent Junior Division.

February 1959

The Home Division Handbook, a Guide for the Houseparents of Milton Hershey School

Gibble, Alfred T., John O. Hershey, Richard A. Rudisill. eds. The Home Division Handbook, a Guide for the Houseparents of Milton Hershey School.  Hershey, PA: Milton Hershey School, 1959.

August 2, 1960

Report of the Anniversary Evaluation Committee

Report of the Anniversary Evaluation Committee, dated August 2, 1960, comprised of Leonard Mayo, Chairman, Dr. Frederick Allen, and Helen C. Hubbell. 

1960

A Survey of Alumni of Milton Hershey School Since 1949

Rudisill, Richard A. A Survey of Alumni of Milton Hershey School Since 1949, A Paper Presented in Partial Fulfillment of the Requirements in Education 800. University of Pennsylvania, 1960.

1962

Milton Hershey School, The First Fifty Years

Rudisill, Richard A. Milton Hershey School, The First Fifty Years. Diss. University of Pennsylvania, 1962. Pn362.7, R835. This document was submitted in partial fulfillment of the requirements for the degree of Doctor of Education, Studies in Education No. 130. It was approved Nov. 1962 (Maria Hosmer Penniman Library of Education).

1968

1968 Senior Division Guidebook

Pera Era – means the period of time in the Trust’s history familiarly referred to as the “Pera Era,” which began roughly in 1984 and extended through June 7, 1994.  On June 7, 1994, Rod Pera resigned from the Hershey Trust Company’s Board of Directors and the Milton Hershey School’s Board of Managers.  He retained a seat on the Board of Directors of HERCO, and of the Hershey Foods Corporation.

November 11, 1988

Market Plan for Milton Hershey School

“1988 MHS Market Plan”- the “Market Plan for Milton Hershey School,” prepared by Rita H. Borden, Senior Marketing Consultant, Independent School Management, 1316 N. Union Street, Wilmington, Delaware 19806, dated November 11, 1988.

February 8, 1990

21st Century Initiative

     Typed Searchable

     Official Version

“21st Century Initiative”- that certain Milton Hershey School: Its Mission, Purpose Goals and Strategies, Report and Recommendations, By A Joint Committee of Board and Staff Comprised of Rod J. Pera, Chairman, Joseph A. Brechbill, D. Rodney Chamberlain, William R. Fisher, Kenneth V. Hatt, Alan R. Malkoff, J. Bruce McKinney, Rodney E. McLaughlin, Robert L. Oesterling, John F. Rineman and D. Michael Weller, approved by the Board of Managers on February 8, 1990.

Approximately 1990-1991

Proposed Third Restated Deed of Trust

“Proposed Third Restated Deed of Trust” - the drafted, but not approved, Third Restated Deed of Trust, drafted by Richard M. Glanton, Esq., as counsel for Milton Hershey School, approximately 1990-1991.

July 20, 1992

The Milton S. Hershey School: A Brief Study of the Institution with Conclusions and Recommendations

“1992 Bryce Jordan Study”- Jordan, Bryce, John T. Whatley. The Milton S. Hershey School: A Brief Study of the Institution with Conclusions and Recommendations. 20 July 1992. Jordan was the President Emeritus of Pennsylvania State University and Whatley was President of Whatley Associates.

September 9, 1993

Memorandum of Understanding

“Memorandum of Understanding” - the Memorandum of Understanding, dated as of September 9, 1993, between the Commonwealth of Pennsylvania, through its Attorney General Earnest D. Preate, Jr., and the Board of Managers of the Milton Hershey School.

Lepley Era – means the period of time in the Trust’s history familiarly referred to as the “Lepley Era,” which began roughly in the mid-1990s and extended through late 2002.  In late 2002, William Lepley resigned from the Hershey Trust Company’s Board of Directors and the Milton Hershey School’s Board of Managers, as well as from his position of President of the Milton Hershey School. 

April 4, 1994

Speaker Report

Speaker Report Related Material

April 15, 1997

Religious & Student Spiritual Development Policy

May 19, 2000

Relationship Agreement

Relationship Agreement, entered into as of May 9, 2000, by and between the Milton Hershey School and the Milton Hershey School Alumni Association

September 1, 2000

September 1, 2000

Independent Evaluation of Fiduciary Compliance, Findings and Conclusions of Special Counsel

Executive Summary

Independent Evaluation of Fiduciary Compliance, Findings and Conclusions of Special Counsel, dated September 1, 2000, by Kirkpatrick & Lockhart LLP, as special counsel to the Board of Managers of the Milton Hershey School and the Board of Directors of the Hershey Trust Company.

October 16, 2000

October 16, 2000

Bias, Flaw, & Avoidance

Executive Summary