INDEX OF TERMS

1 1905 Formation of HTC 1908 Incorporation of Hershey Chocolate Company 1909 Milton Hershey Will 1910 Formation of the Trust 1918 Contribution of Hershey Chocolate Company Stock 1918 Conveyance of Non Chocolate Assets to Hershey Chocolate Company 1918 Endorsement of the 1918 Transferred Hershey Chocolate Company Stock Certificate 1918 Hershey Chocolate Company Stock Certificate 1918 Letter to Hershey Chocolate Company 1918 Transferred Shares of Hershey Chocolate Company Common Capital Stock Shares 1919 Decree 1919 Deed Modification 1919 Incorporation of the Managers 1923 Literary Digest 1927 Formation of Hershey Chocolate Corporation 1927 Formation of Hershey Estates 1929 Stock Market Crash 1932 Snavely 1933 Decree 1933 Deed Modifications 1933 M.S. Hershey Declaration and Joinder 1933 Paul Reed Memo 1933 Petition 1935 Description of HIS 1935 HJC Trust 1935 Living Trust of Milton Hershey 1935 Map of HIS Units 1939 Murrie 1944 Milton Hershey Will 1945 Residual Derry Township School District Trust 1946 Houseparent Handbook 1947 Alumni Association Incorporation Decree 1947 Alumni Association Petition for Incorporation 1948 Hershey 1950 Gumpher 1950 Hershey 1950 Houseparent Handbook 1950 Wallace 1951 Decree 1951 Deed Modification 1951 Deed of Trust 1951 Petition 1957 Snavely 1959 Anniversary Lectures 1959 Home Division Handbook 1960 Rudisill 1962 Rudisill 1963 Decree 1963 Education Division Handbook 1963 Hershey Chocolate 1963 Petition 1964 Nurick Letter to BOM 1968 Decree 1968 Nurick Opinion re Girard 1968 OAG Opinion re Girard 1968 Petition 1968 Senior Division Guidebook 1969 Hammond 1970 Decree 1970 Deed Modifications 1970 Deed of Trust 1970 Petition 1970 Petitioners 1971 Hostetter            1973 Klotz 1976 Declaration of Fellowship 1976 Decree 1976 Deed Modifications 1976 Deed of Trust 1976 Petition 1983 Castner 1984 Alumni Association Articles of Amendment 1988 MHS Market Plan 1990 Hershey 1990-1991 Board of Managers 1991 Trust Agreement 1992 Bryce Jordan Study 1992 Hershey Heritage Re John Snyder 1996 Hershey Chronology 1997 Relationship Memo 1998 Deed Modification 1999 – 2002 Alumni Association Legal Counsel 1999 Adjudication 1999 Amicus Brief 1999 Cy Pres Petition 2 2001 MHS Chronology 2002 Central Pa Magazine 2002 OAG Dialogues 2002 Stark Part I 2003 Alumni Association Petition 2003 Decrees 2003 Hearing Transcript 2003 MHS Alumni Directory 2003 Opinion 2004 MHS Chronology 21st Century Initiative            22nd Trust Accounting 23rd Trust Accounting A Alumni Alumni Association Alumni Association Board Alumni Association History Alumni Association Member Alumni Scholar Programs America’s Six Depressions Arthur Whiteman Attorney General August 22, 2000 MHSAA Memo August 3, 2000 MHSAA Memo B Basic Benefits Basic Capital for Success Beneficiaries Bias, Flaw, & Avoidance Board of Managers Business C Character Education CHILD Christianity Defined Community Constitution Contingent Beneficiary Copenhaver Copenhavers Current Beneficiary

D Deed of Trust  Dependent Direct Education Discretion Dr. Hershey Dr. Rudisill E Education Education Completion Date F Financial Need Former Commendable Students Former Good Students Former Students G George Copenhaver Great Depression Gumpher H Hammond HERCO Hershey Hershey Chocolate Company Hershey Chocolate Corporation Hershey Corporation Hershey Estates Hershey Foods Hershey High Hershey Industrial School Hershey Interests Hershey Junior College Hershey Trust Company Hersheys Hersheys’ Children’s Home Hersheys’ Children’s Home Campus Hersheys’ Children’s Home Development Plan HFC HIS HJC Home Homestead Hotel Hershey HTC HTC Board of Directors I Indenture Indenturing Indirect Education J J.O. Hershey John O. Hershey Joseph Gumpher Joseph Richard Snavel Joseph Snavely K K&L Report M M.S. Hershey Foundation Managers Medical Center Memorandum of Understanding MHS Milton Hershey School Milton Hershey’s 1944 Final Will Milton Hershey’s Alumni Association Milton Hershey’s Deed of Trust Milton Hershey’s First Trust Milton Hershey’s November 14, 1909 Will Minimum Education MS N Non-Resident Beneficiary Non-Resident Employee Normal O OAG Original Alumni Association Member Original Deed of Trust Orphan            Orphan Benefits Orphan Capital for Success Orphan Term Orphan Termination Event Orphans’ Court P P.N. Hershey Proposed Greenway Easement Proposed Third Restated Deed of Trust R Requirements for Admission Resident Beneficiary Resident Employee Resident Non-Employees Richard A. Rudisill Rudisill S Scholar Scholar Additional Education            Scholar Benefits Scholar Capital for Success Scholar Core Education Scholar Mandated Education Scholar Term Scholar Termination Event school School School Administration School Administrator School Archives School Family School Family Benefits Self-Reliance Education Snavely Social Need T The M.S. Hershey Foundation Trust Trust’s School Family Obligations Trustee            U USPS V Vocational, Agricultural and Academic Education W W. Allen Hammond Whiteman World War I World War II Y Year-round

 

 

GLOSSARY OF TERMS

Over more than a Century, many things have changed in America, particularly as relates to the Hersheys’ philanthropy – The Hershey Industrial School (which includes the “ideal community” or Hershey, Pennsylvania). That which the Hersheys created has no parallel. A consequence of the passage of so much time, precise definitions are needed that capture these changes and add specific meaning to the vocabulary used to explain the Hersheys philanthropy. 

The method of sighting references throughout this text is also somewhat different. This difference is deliberate. Most of the cite references specify the year in which the material was published or came into existence. This referencing is an important indicator. Generally speaking, sources published when Milton Hershey was alive, or soon after his death, tend to reflect a view more in line with that of Milton Hershey. When the date of publication follows Milton Hershey’s death in 1945, much of the writing reflects influences other than Milton Hershey’s.

 

“1905 Formation of HTC”- the 1905 formation of the Hershey Trust Company. 

“1908 Incorporation of Hershey Chocolate Company”- the incorporation of the Hershey Chocolate Company in 1908.

“1909 Milton Hershey Will”- that certain will of Milton Hershey dated November 14, 1909, together with the codicils thereto, that is, Milton Hershey’s November 14, 1909 Will.

“1910 Formation of the Trust”- the moment at which the Trust was first formed as a result of the execution of the Deed of Trust by the Hershey Trust Company on April 14, 1910 and the execution of the initial Managers of the Deed of Trust on April 14, 1910, which became binding on third parties upon the recording of the Deed of Trust in the public records on July 7, 1910.

“1918 Conveyance of Non Chocolate Assets to Hershey Chocolate Company”- that certain conveyance, effective January 1, 1918, pursuant to which Milton Hershey transferred to the Hershey Chocolate Company the Hershey Transit Company, Elizabethtown and Deodate Street Railway Company, Deodate and Hershey Street Railway Company, Hershey Electric Company, Hershey Water Company, Hershey Bell Telephone Company, Hershey Cuban Railway Company, Campania Agraria Cubana, Hershey Corporation, and the businesses operated as the planing mill, printery, laundry, stable, garage, and other miscellaneous businesses, which included: “Whereas, the Hershey Chocolate Company has acquired and is taking over by conveyance from M.S. Hershey certain lands, being the town of Hershey, Pa., and certain dairies, farms, and the equipment thereof, more particularly described in a schedule thereof prepared and to be annexed hereto, with the income thereof from January 1, 1918, [...] and also certain personal property consisting of shares of stock, [...] of the several companies and businesses hereinafter named, which have been and are being operated in connection with the Hershey Chocolate Company.”^[1] In a letter dated November 14, 1918, M.S. Hershey states that certain land (and related assets) had “for some years past belonged to the Hershey Industrial School, and has been operated, managed, and controlled solely by it, the legal title to the real estate being held by me in trust.”^[2]

“1918 Contribution of Hershey Chocolate Company Stock”- the November 13, 1918 gift by Milton S. Hershey of substantially all the stock he owned in the Hershey Chocolate Company to the Trust, which was then valued at $60,000,000,^[3] which occurred two days following World War I Armistice on November 11, 1918.

“1918 Endorsement of the 1918 Transferred Hershey Chocolate Company Stock Certificate”- that certain endorsement on the riverside of the 1918 Transferred Hershey Chocolate Company Stock Certificate, Number 7, which endorsement reads as follows:

For value Received I hereby sell, assign and transfer unto Hershey Trust Company, Trustee, in trust, for Hershey Industrial School, four thousand nine hundred and fifty eight shares of the Common Capital Stock represented by the within Certificate and do hereby irrevocably constitute and appoint _______________________________ Attorney to transfer the said stock on the Books of the within named Company with full power of substitution in the premises.

 

Dated November 13, 1918

Sealed and Delivered              /s/ M S Hershey [seal]

 in presence of  

/s/ A. M. Mowery

/s/ Wm. J. Harvey

“1918 Letter to Hershey Chocolate Company”- that certain letter dated November 14, 1918, in which M.S. Hershey states that certain land (and related assets) had “for some years past belonged to the Hershey Industrial School, and has been operated, managed, and controlled solely by it, the legal title to the real estate being held by me in trust.”  This letter has a handwritten note initialled by John Snyder which states, in reference to this letter, “Is preserved as a memorandum.”

“1918 Transferred Hershey Chocolate Company Stock Certificate”- that certain Stock Certificate Number 7 dated March 4, 1915 evidencing Four Thousand Nine Hundred and Sixty Eight (4,968) shares of the common capital stock of the Hershey Chocolate Company, incorporated under the laws of the State of Pennsylvania issued to M. S. Hershey as owner, signed by Ezra Hershey as Treasurer of Hershey Chocolate Company and William Murrie as President of Hershey Chocolate Company.

“1918 Transferred Shares of Hershey Chocolate Company Common Capital Stock Shares” - the four thousand nine hundred and fifty eight (4,958) shares of the Common Capital Stock of Hershey Chocolate Company transferred to the Trust pursuant to the 1918 Endorsement of the 1918 Transferred Hershey Chocolate Company Stock Certificate.

 “1919 Decree”- the decree entered by the Court of Common Pleas of Dauphin County, Pennsylvania which authorized the incorporation of the Managers as The Hershey Industrial School, a Pennsylvania nonprofit corporation, a corporation of the first class, which charter was recorded in the Office of the Recorder of Deeds in Dauphin County, Pennsylvania in Charter Book L, Page 282, which also gave rise to the Certificate of Incorporation of The Hershey Industrial School, approved by said Decree of Dauphin County Court of Common Pleas on 12/30/19, having been recorded at Dauphin County Recorder of Deeds Charter Book L, Page 282, etc.  (Docket entries other than No. 712, year of 1963.)

“1919 Deed Modification”- 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.

“1919 Incorporation of the Managers”- the incorporation of the Managers as The Hershey Industrial School, a Pennsylvania nonprofit corporation, pursuant to Paragraph 28 of the Deed of Trust and the 1919 Decree.

“1923 Literary Digest”- “Chocolate Millions for Charity,” The Literary Digest. Vol. LXXIX No. 9, Dec. 1, 1923.

“1927 Formation of Hershey Chocolate Corporation”- the October 1927 formation and incorporation of Hershey Chocolate Corporation, a Delaware corporation, which was capitalized with all the “chocolate assets” previously owned by Hershey Chocolate Company.^[4]

“1927 Formation of Hershey Estates”- the October 1927 formation and incorporation of Hershey Estates, a Pennsylvania corporation, which was capitalized with all of the non-chocolate assets or “town assets” previously owned by Hershey Chocolate Company.^[5]

“1929 Stock Market Crash”- the event generally referred to today as “Black Thursday,” which marks the Stock Market crash on October 24, 1929. ^[6]

“1932 Snavely”- Snavely, J. R. A Chat with Mr. Hershey. 1932.

“1933 Decree”- the Decree dated October 30, 1933 issued in connection with the 1933 Petition by the Court of Common Pleas of Dauphin County, Pennsylvania, in Equity.

“1933 Deed Modifications”- revision of the Original Deed of Trust by the Court’s 1933 Decree which modified the Original Deed of Trust (1) 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) to add 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.^[7]

“1933 M.S. Hershey Declaration and Joinder”- the Declaration of Intent and Joinder of Milton S. Hershey, filed by Milton S. Hershey in connection with the 1933 Petition, dated October 27, 1933.

“1933 Paul Reed Memo”- 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.

"1933 Petition”- the Petition for Modification of Trust, dated October 27, 1933, filed in the Court of Common Pleas of Dauphin County, Pennsylvania, in Equity, Equity Docket, Number 1096, filed by The Hershey Industrial School, a nonprofit corporation as the petitioner, by leave of the Attorney General.^[8]

“1935 Description of HIS”- A Brief Description of The Hershey Industrial School, 1935 Edition, 1935.

“1935 HJC Trust” or “The M.S. Hershey Foundation” or “M.S. Hershey Foundation”- The M.S. Hershey Foundation, created pursuant to that certain Agreement of Trust, between Milton S. Hershey, as Donor, and Hershey Trust Company, as Trustee, and M.S. Hershey, Ezra F. Hershey, William F.R. Murrie, P.A. Staples, S.C. Stecher, P.N. Hershey, and William H. Earnest, as Managers, dated December 5, 1935, for the purpose of creating and endowing in perpetuity a Foundation for educational purposes to be known as “The M.S. Hershey Foundation.”

“1935 Living Trust of Milton Hershey”- the Declaration of Trust, dated August 22, 1935, regarding the transfer, assignment and delivery of 1250 shares of the capital stock of the Hershey Trust Company from Milton S. Hershey to Milton S. Hershey, as trustee, in trust for the benefit of the Trust, pursuant to which Milton Hershey gave the economic value of such shares to the Trust but retained all voting rights.

“1935 Map of HIS Units”-the map titled “Location of Hershey Industrial School Units,” dated March 1935 and numbered 1354.

“1939 Murrie”- Murrie, Richard Wallace^[9] 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

“1944 Milton Hershey Will”- the will dated September 29, 1944 of Milton S. Hershey, that is, Milton Hershey’s 1944 Final Will.

“1945 Residual Derry Township School District Trust”- that certain 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.”

“1946 Houseparent Handbook”- Official Handbook for the House-Parents of The Hershey Industrial School, Hershey, Pa. May, 1946. The Handbook was first developed in 1945 and was adopted by the Administrative Staff of the School in 1946.

“1947 Alumni Association Petition for Incorporation”- 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.

“1947 Alumni Association Incorporation Decree”- 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.^[10] 

“1948 Hershey”- 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.           

“1950 Gumpher” - 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 Hershey”- 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 Houseparent Handbook”- 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.

“1950 Wallace”- Wallace, Paul A. W. THE CHOCOLATE KING, The Story of M.S. Hershey.  Unpublished essay, circa 1950s. This was commissioned by the Milton Hershey School.

 “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”- the change from use of the name “The Hershey Industrial School” to use of the name “Milton Hershey School,” authorized by the 1951 Decree.^[11]

“1951 Deed of Trust”- Milton Hershey’s Deed of Trust as modified by the 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.

“1957 Snavely”- Snavely, Joseph R. An Intimate Story of Milton S. Hershey. Harrisburg: J. Horace McFarland Company, 1957.

“1959 Anniversary Lectures”- Faculty and Students of the Printing Curriculum. The Anniversary Lecture Series. Hershey: Milton Hershey School, 1959-1960. This series was sponsored “as one of the ways of celebrating the fiftieth anniversary school year (1959-60) of this professional institution founded and endowed by the late Milton S. Hershey in November 1909.”^[12]

“1959 Home Division Handbook”- 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.^[13]

“1960 Rudisill”- 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 Rudisill”- 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).^[14]

 “1963 Decree”- the Decree entered in Dauphin County Orphans' Court Docket No. 712 of 1963 on August 23, 1963, by Judge Lee F. Swope, entered the same day as the day on which the 1963 Petition was filed with said Court.

“1963 Education Division Handbook”- the Educational Division Handbook, A Guide for the Teachers of Milton Hershey School, Revised 1963-64.

“1963 Hershey Chocolate"- Hershey Chocolate Corporation. The Story of Hershey the Chocolate Town. Hershey, Pennsylvania: 1963.

“1963 Petition”- the cy pres petition filed in Dauphin County Orphans' Court Docket No. 712 of 1963 on August 23, 1963. 

“1964 Nurick Letter to BOM”- Nurick, Gilbert. Opinion Letter to the Board of Managers. 22 July 1964. McNees, Wallace & Nurick, Attorneys at Law.

“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.

“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.

“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.^[15]

“1968 Senior Division Guidebook”- Senior Division Guidebook, the Milton Hershey School, 1968.

“1969 Hammond”- Hammond, W. Allen. A Man and His Boys, 60^th Anniversary 1909-1969. Manheim, PA: Stiegel Printing Company, 1969.

“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 of Trust”- the 1951 Deed of Trust as modified by the 1970 Decree.

“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.^[16]

“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 Petitioners”- the petitioners under the 1970 Petition.

“1971 Hostetter”- Hostetter, Herman H. The Body, Mind and Soul of Milton Snavely Hershey, 1971. Hostetter was M.S.’s personal doctor.^[17]

“1973 Klotz”- Klotz, Richard Russell. The Rise and Demise of the Hershey Junior College, an Historical – Descriptive Study of the Hershey Junior College, Hershey, Pennsylvania, 1938-1965.  Manheim, PA: Stiegel Printing, Inc. 1973.

“1976 Declaration of Fellowship”- Milton Hershey School Alumni Association. The Unanimous Declaration of Fellowship – 1976. 24 Apr. 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 of Trust”- the 1970 Deed of Trust as modified by the 1976 Decree, which has been designated the “Second Restated Deed of Trust.”

“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.^[18]

“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.

“1983 Castner”- Castner, Charles Schuyler. One of a Kind, Milton Snavely Hershey 1857-1945. Hershey, PA: The Kutztown Publishing Co. Inc., 1983.

“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.

“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.

“1990 Hershey”- “Hershey Community Archives, Oral History Program, Dr. John O. Hershey.” 28 Aug. 1990. Hershey, PA: Hershey Community Archives.

“1990-1991 Board of Managers”- the Board of Managers who developed and approved the 21^st Century Initiative who knew that changes to the Deed of Trust and Orphans’ Court approval were necessary to the proper determination of whether the 21^st Century Initiative could be implemented and authorized and/or required the preparation of the Proposed Third Restated Deed of Trust.

“1991 Trust Agreement”- the Trust Agreement, dated January 1, 1991, by and between Milton Hershey School, as Settlor, and the Hershey Trust Company, as Trustee.           

“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.

“1992 Hershey Heritage Re John Snyder”- Reese, Robert M. Rotary Club of Hershey, Our Hershey Heritage, November – December 1992, Our Hershey Heritage, December 7, 1992, The Lawyer, Judge John Snyder. 7 Dec. 1992.  Hershey Foods Corporation.

“1996 Hershey Chronology”- Hershey Community Archives. The Hershey Chronology, 1724 to Present. Hershey, PA. 25 Apr1996.

“1997 Relationship Memo”- the July 11, 1997 Memo from Mavis Kelley and Robert Stets, Esq. to Ralph Carfagno and Graham McIntyre regarding Range of Relationship.

“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.”^[19]

“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.^[20]

“1999 – 2002 Alumni Association Legal Counsel”- Mayer, Brown & Platt, which by agreement became Mayer, Brown, Rowe & Maw in February 2002, ^[21] 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 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 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.

“2001 MHS Chronology”- Brechbill, Joseph A. A Chronology of Milton Hershey School. Historical Records, May 1997. Rev. 5 Feb.  2001.

“2002 Central Pa Magazine”- Rohland, Pamela. “What Would Milton Do?, Hershey: The Man, The Community and Change.” Central PA Magazine, Nov. 2002, Vol. 22 No. 5.

“2002 OAG Dialogues”- the dialogues which began in early calendar year 2002, among the Alumni Association, Board of Managers and OAG.

“2002 Stark Part I”- Stark, Craig. “Part I: The Legacy of Milton S. Hershey.” Harrisburg Magazine Nov. 2002, Vol. 8, No. 11.

“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 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 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 MHS Alumni Directory” - Milton Hershey School, Alumni Directory, 2003, Bernard C. Harris Publishing Company, Inc., 2003, Purchase, New York.

“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.

“2004 MHS Chronology”- Brechbill, Joseph A., D.ED, Curator and Dodge, Helen S., M.S., Director, Board and Visitor Relations, Chronology, Milton Hershey School, Historical Records of the Milton Hershey School, Rev. 20 April 2004.

 “21^st 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.

“22^nd 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.

“23^rd Trust Accounting”- the Twenty-Third and Partial Account, filed on October 6, 2000 in Docket Entries at No. 712 of 1963, Accountings - Applicable Years: 08/01/96  to 07/31/99, Date Confirmed by Court: Open.

“Alumni”- in the context of the Hersheys’ Children’s Home, all Former Students.

“Alumni Association”- from 1930 through March 16, 1947, Milton Hershey’s Alumni Association, and from March 17, 1947, the Milton Hershey School Alumni Association, a Pennsylvania nonprofit corporation.

 “Alumni Association Board” - the Board of Directors of the Alumni Association.

“Alumni Association History” - Milton Hershey School Alumni Association. The History of the Milton Hershey School Alumni Association. May 2002.

“Alumni Association Member” - a member or the Alumni Association in good standing.

“Alumni Scholar Programs” - the (i) residential, campus based, direct programs for Scholars, as well as (ii) other indirect programs for Scholars, which programs could extend well beyond a Scholar’s receipt of such Scholar’s Minimum Education, age 18 (and in fact well beyond age 21) and a high school education, which Alumni Scholar Programs the Hersheys mandated under the Deed of Trust that the Managers must, and gave the Managers broad discretion to, design and implement.

“America’s Six Depressions”^[22] - refers to the six depressions in American history that are thought to be the worst since detailed records of economic data started to be kept (around 1867), which are as follows: 1873 – 1879, 1893 – 1897, 1907 – 1908, 1920 – 1921, 1929 – 1933, and 1937 – 1938.

“Attorney General” - the Attorney General of the Commonwealth of Pennsylvania.

“August 3, 2000 MHSAA Memo” - the Memorandum, dated August 3, 2000, to William L. Lepley, President and CEO, Milton Hershey School, from John F. Mardula, President, Milton Hershey School Alumni Association, regarding Paragraph 5(a) of the Relationship Agreement, founders park, Campus Consolidation and Trust Land Generally.

“August 22, 2000 MHSAA Memo” - the Memorandum, dated August 22, 2000, from Milton Hershey School Alumni Association, to Andrew Cline and Richard Thornburgh of Kirkpatrick & Lockhart, Special Counsel, with copies to members of the MHS Board of Managers, Ad Hoc Oversight Committee (A. John Gabig, Esq., Lucy D. Hackney, Esq., Reverend John S. McDowell, Jr., and Ms. Wendy D. Puriefoy) and Mark Pacella and Linda Williams of the Office of the Attorney General, with enclosures, regarding the farm program and land.

“Basic Benefits” - the food, clothing, lodging, health services, physical training, exercise and recreation as contemplated by the first sentence of Paragraph 17 of Milton Hershey’s Deed of Trust,^[23] as well as a Minimum Education and School Family Benefits.

“Basic Capital for Success” - the Trust’s investment of Basic Benefits in Current Beneficiaries.

“Beneficiaries” - all Contingent Beneficiaries and all Current Beneficiaries.

“Bias, Flaw, & Avoidance” - Alumni Association. “Bias, Flaw, & Avoidance: A Response to the K&L Report.” 16 October 2000.

“Board of Managers” - term used in the Deed of Trust, meaning (1) from April 14, 1910, the date on which the original Managers accepted under the Deed of Trust, the individual Managers named in the Original Deed of Trust and their respective successors, collectively as a fiduciary under the Deed of Trust, through December 29, 1919, who where from amongst their group to elect officers of the Managers following a corporate governance model,^[24] and (2) on and after December 30, 1919, the Board of Directors of the Milton Hershey School, a Pennsylvania nonprofit corporation, collectively, who where from amongst their group to elect officers of the Managers following a corporate governance model. 

“Business” - the “Industrial” component of The Hershey Industrial School. The Hershey Industrial School is comprised of three major components, each of which is reflected in the name “The Hershey Industrial School.”^[25] “Industrial” represents the various businesses, including the Hershey Chocolate Company which the Hersheys created. In 1918, Milton Hershey first transferred ownership and control of all other businesses to the Hershey Chocolate Company. Then, he transferred ownership and control of the Hershey Chocolate Company to the Trust. In 1927, all of the non-chocolate businesses (including most of the land then owned by the Hershey Chocolate Company (including the town of Hershey), which was transferred on November 12, 1927, but excluding the assets related to the Cuban operation) were transferred to Hershey Estates, which was wholly owned by the Trust. In 1927, the Hershey Corporation was created to hold all sugar interests in Cuba.  It was also owned by the Trust. The funding for these resources came primarily from the Hersheys, the Trust or businesses owned or controlled by the Trust. Throughout, this component of The Hershey Industrial School is referred to as “Business.”

“Character Education” - the moral and religious training, training to speak the truth at all times, and training in the habits of economy and industry contemplated by Paragraph 18 of Milton Hershey’s Deed of Trust.^[26]

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

“Christianity Defined” - Reformed Mennonite Church. Christianity Defined. Lancaster, Pennsylvania: Rudisill & Company, Incorporated, 1958.

“Community” - the “Hershey” component of The Hershey Industrial School. The Hershey Industrial School is comprised of three major components, each of which is reflected in the name “The Hershey Industrial School.”^[27] “Hershey” represents the community of Hershey, Pennsylvania, which the Hersheys founded. Hershey includes Derry Township and certain surrounding land. In 1918, Milton S. Hershey conveyed Hershey to the Hershey Chocolate Company, and then transferred ownership and control of the Hershey Chocolate Company to the Trust. On November 12, 1927, Hershey was transferred to Hershey Estates, which was wholly owned by the Trust. The funding for the improvements to Hershey (e.g., the Community Building and Theatre) came primarily from the Hersheys, the Trust, or businesses owned or controlled by the Trust. Throughout, this component of The Hershey Industrial School is referred to as “Community.”

“Community Building” - the Community Building and Theatre, housing the Hershey Community Theatre and the Community Center, which was dedicated during the thirtieth anniversary celebration of the town, September 1 through 4, 1933. As early as 1915, Milton Hershey possessed architect's drawings for the construction of a community building, but the arrival of World War I overclouded any such construction venture. As Mr. Hershey tightened his belt, the architect's plans were put away and virtually forgotten. The Hershey Community Building and Theatre, originally planned for construction in 1916, would not be constructed until 1929. The Community Building and Theatre were constructed during the Great Depression as part of Hershey's great building campaign. The Community Building and Theatre were built following the original 1916 plans drawn by C. Emlen Urban, a noted Lancaster, PA architect, with construction under the supervision of D. Paul Witmer. When completed, the building solidly stood in the center of town, spanning the block between Chocolate and Caracas Avenues, and bordered by Cocoa Avenue. It occupied sites once owned by Milton Hershey's mother and the McKinley School.^[28] The cost was $3,000,000 and it was funded by the Trust, from profits derived from Hershey Corporation.

“Constitution” - the Constitution of Milton Hershey’s Alumni Association.

“Contingent Beneficiary” - each natural person who is able to satisfy the Requirements for Admission, but who is not at the time a Current Beneficiary.

“Copenhaver” or “George Copenhaver” - George Copenhaver, first employed by Milton Hershey to be the Superintendent of Farms. When the School was founded he was named the School’s first Superintendent. He is buried in the Hershey Cemetery. For more information regarding George Copenhaver, refer to Section 2.10 1938 Death of George Copenhaver.

“Copenhavers” - George Copenhaver and his wife, Prudence. Even though The Homestead was no longer suitable for the number of students enrolled in the School, it continued to serve as the central office and residence of key administrators: the first superintendent Copenhaver and his wife resided there until their deaths. (George - 1938; Prudence - 1949). In the words of Milton Hershey “Much of the credit for the success of the lives of the students of the school was due and is due to the splendid work of Mr. and Mrs. Copenhaver. They have been real parents to all the boys who have come under their loving and thoughtful care. Mr. Copenhaver did a fine work in all the years he devoted to these young men, and his influence for good will continue in the many years ahead of the students whose lives he touched.”^[29] 

“Current Beneficiary” - each natural person who has satisfied the Requirements for Admission, has been admitted to the School and continues to receive, or continues to be entitled to receive, benefits from the Trust because such person (i) has not been discharged, (ii) has been discharged but continues to receive, or is entitled to receive, benefits from the Trust because such person remains a Scholar whose Scholar Education Completion Date has not occurred, or (iii) is a Former Student receiving School Family Benefits.

“Deed of Trust” - the Original Deed of Trust, as revised through authority of the court and now evidenced by the 1976 Second Restated Deed of Trust and as further described in Appendix VII: Deed of Trust – As of Date of Publication in 2005; Restatement of the Deed of Trust recorded in the Office of the Recorder of Deeds in Chapter Book “L”, Vol. 2, Pages 459, 463, and 464-482.

“Dependent” - a child’s status that has resulted from extreme financial need and social need, to a degree where the child is in need of substantially year-round residential care by the Hersheys’ Children’s Home such as that which was intended by the Hersheys, as well as the material goods, services, development and education provided by the Trust, where “financial need” means a degree of dependency which demonstrates a household whose total income is such that the child’s healthy development is severely impeded, where the basic necessities of life are not consistently available, and where poverty is of such a degree that the impact on the child’s well-being is unquestionable, and “social need” means a degree of dependency which demonstrates a complete lacking of any parental care whatsoever from at least one parent, and a lacking of adequate care from such child’s other parent, guardian or other authority.

“Direct Education” - that education which is provided directly by the School.^[30]

“Discretion” - the authority and responsibility delegated by the Hersheys under the Deed of Trust and to be exercised by the Trustee or the Managers responsibility to exercise judgment, which includes (without limitation) that which the Hersheys mandated the Managers must, and gave the Managers broad discretion to, design and implement both (i) residential, campus based, direct programs for scholars, as well as (ii) other indirect programs for scholars, which programs could extend well beyond 18 (and in fact well beyond age 21) and a high school education.^[31]

“Education” - the “School” component of The Hershey Industrial School.  The Hershey Industrial School is comprised of three major components, each of which is reflected in the name “The Hershey Industrial School.”^[32] School represents the education system which the Hersheys created within Derry Township, including those that were public and those that were not. The funding for these resources came primarily from the Hersheys and the Trust, as well as the community of Hershey primarily through taxes. Throughout, this component of The Hershey Industrial School is referred to as “Education.”

“Education Completion Date” - (a) in the case of each Orphan, the earlier of (i) the first date upon which such person (A) from November 15, 1909 through December 23, 1970, reaches 18 years of age and (B) on and after December 24, 1970, completes the full course of secondary education being offered by the School, and (ii) the date on which such person suffers an Orphan Termination Event, and (b) in the case of each Scholar, the earlier of (i) the first date upon which such Scholar has received his or her Scholar Capital for Success and (ii) the date on which such person suffers a Scholar Termination Event.

“Former Commendable Students” - all former students who left the school with a “commendable record.”

“Former Good Students” - all former students who left the school with a “good record,” which would include Former Commendable Students.

“Former Students” - all former students of the school, which would include Former Good Students and Former Commendable Students.

“Great Depression” - the economic period generally referred to as the “Great Depression”^[33] which began with the 1929 Stock Market Crash and ended with the United States of America’s entry into World War II in December 1941, and which is not a single depression but rather two economic depressions (the first began in 1929 and continued to 1933 and the second began in May 1937 and continued to 1938) between which there was an incomplete economic recovery.  This period was marked by widespread unemployment.^[34]

“Gumpher” or “Joseph Gumpher” - an alumnus of HIS, Class of 1936, and President of Milton Hershey’s Alumni Association from 1938 through 1939 and its Past President from 1940 through 1941, who in 1959 became the second Original Alumni Association Member to become a Manager. 

“Hammond” or “W. Allen Hammond” - Principal of Milton Hershey School, 1934 – 1959 and author of A Man and His Boys, 60^th Anniversary 1909-1969.

 “HERCO” - Hershey Estates, a Pennsylvania corporation formed pursuant to the 1927 Formation of Hershey Estates, which changed its name to “HERCO, Inc.” in 1976, and then changed its name to “Hershey Entertainment & Resort Company” in 1980. HERCO is used more commonly after 1976.

“Hershey” - the unincorporated community that became known as “Hershey” in 1906 to satisfy the USPS’s requirement that the new Post Office have a name, and which remains unincorporated to this day. “Hershey” represents the community of Hershey, Pennsylvania, which the Hersheys founded. Hershey includes Derry Township and certain surrounding land. In 1918, Milton S. Hershey conveyed Hershey to the Hershey Chocolate Company, and then transferred ownership and control of the Hershey Chocolate Company to the Trust. On November 12, 1927, Hershey was transferred to Hershey Estates, which was wholly owned by the Trust. The funding for most of the improvements to Hershey (e.g., the Community Building and Theatre) came primarily from the Hersheys, the Trust or businesses owned or controlled by the Trust.

“Hershey Chocolate Company” - (1) from its initial formation as an unincorporated business, through its first production of chocolate on January 1, 1894 as a subsidiary of the Lancaster Caramel Company and until the 1908 Incorporation of Hershey Chocolate Company, the unincorporated Hershey Chocolate Company, and (2) upon and following the 1908 Incorporation of Hershey Chocolate Company and until the 1927 Formation of Hershey Chocolate Corporation, the incorporated Hershey Chocolate Company. 

“Hershey Chocolate Corporation” - the Hershey Chocolate Corporation, a Delaware corporation, which resulted from the 1927 Formation of Hershey Chocolate Corporation.

“Hershey Corporation”^[35] - created in 1927 to hold all sugar interests in Cuba.  It was owned by the Trust. 

“Hershey Estates” - Hershey Estates, a Pennsylvania corporation formed pursuant to the 1927 Formation of Hershey Estates, which changed its name to “HERCO, Inc.” in 1976, and then changed its name to “Hershey Entertainment & Resort Company” in 1980.

“Hershey Foods” or “HFC” - Hershey Foods Corporation.

“Hershey High” - the various school (vocational and otherwise) which constituted the high school program in Derry Township School District, Derry Township, Dauphin County, Pennsylvania.^[36]

“Hershey Industrial School” or “HIS” - the School from November 15, 1909 to December 16, 1951, which became known as “Milton Hershey School” on December 17, 1951.

“Hershey Interests” - the various businesses from time to time owned or controlled by Milton Hershey or the Trust, which includes, but is not limited to, the Hershey Improvement Company, Hershey Estates, Hershey Trust Company, the Hershey Bank, Hershey Chocolate Company, Hershey Corporation, Hershey Chocolate Corporation, the school, etc.

“Hershey Junior College” or “HJC” - the Hershey Junior College, established by The M.S. Hershey Foundation in 1938. In 1938, three years after The M.S. Hershey Foundation was established, the Hershey Junior College opened, offering tuition free higher education to all Derry Township residents. Housed in the Community Building, the Hershey Junior College maintained high academic standards and helped many Hershey residents receive a college education. Hershey Junior College closed in 1965.^[37]

“Hershey Trust Company” or “HTC” - the Hershey Trust Company, which was formed in 1905.

“Hersheys” - “Milton S. Hershey and Catherine S. Hershey, his wife, of Hershey, Derry Township, Dauphin County, Pennsylvania, parties of the first part” under the Deed of Trust. 

“Hersheys’ Children’s Home” - a children’s home of the type, nature and programs intended by the Hersheys under the Deed of Trust, giving full effect to the resources of the Trust. The Hersheys’ Children’s Home is the School and all of its components, which is a children’s home for the Current Beneficiaries, that is dependent, at-risk children, who are in need of substantially year round institutional care by a children’s home such as that intended by the Hersheys for the full development of each Current Beneficiary as a whole person according to such person’s unique abilities, interests and commitment.

“Hersheys’ Children’s Home Campus” - substantially all of Derry Township and the surrounding land that from time to time is acquired for School purposes and adjoins or is conveniently near School property as contemplated by the first recital and Paragraph 7 of the Deed of Trust, which includes the “ideal community” of Hershey which serves as the “home” of the Beneficiaries.

“Hersheys’ Children’s Home Development Plan” - the step-by-step development plan pursuant to which the Hersheys pursued a wise plan through which they built The Hershey Industrial School.^[38]  Their end was achieved, but the achievement was no small task.  To achieve their objectives, it was prudent for the Hersheys to pursue their philanthropy in the following sequence:

1. The philanthropy required a profit driven economic engine to fund it.  Thus, the Hersheys created, and verified the economic viability of, the Business component (e.g. Hershey Chocolate Company, which serves as the profit driven economic engine that funds the philanthropy), while at the same time providing employment and stability to the Community (which is the Home of each Current Beneficiary).
2. To build a permanent “ideal community,” they would need a large land area.  Inasmuch as Lancaster (the original site of operation of Lancaster Caramel Company and Hershey Chocolate Company) was somewhat already developed, Lancaster would not suffice.  Thus, the Hersheys had to locate a large area of land well suited to producing chocolate, serving as an “ideal community,” and operating the Hersheys’ Children’s Home.  They found Derry Township and the surrounding area rural and well suited to such other requirements.
3. To create an “ideal community,” the Hersheys would need to build and verify the long term viability of the Community, as well as the additional Businesses that operate the Community.  This Community must serve as the Home of the Current Beneficiaries, as well as those who play some role in delivering the benefits of the Trust to the Current Beneficiaries (whether, for example, as a teacher, houseparent, worker or community member).
4. Once the viability of the Hershey Chocolate Company and the Community was sufficiently validated by the Hersheys, the Hersheys then set about to establish, and improve, the Education system in Derry Township.  This system serves to educate the Current Beneficiaries, as well as those who are members of the Community.

Once the viability of these components had been sufficiently validated, the Hersheys then set about to make their “ideal community” permanent.  For this permanence, they chose the Trust.  The timing of when to make the overall structure, or portions thereof, permanent is driven by both the timing of when to bring the Beneficiaries into the development plan and the confidence that the overall structure has proven its effectiveness and viability in perpetuity.

When one considers the full scope and implications of The Hershey Industrial School, 32 years for designing the plan, determining the viability of each component, fully implementing such design, and making The Hershey Industrial School subject to a permanent structure makes sense.  This well thought out, step-by-step development plan is referred to as the Hersheys’ Children’s Home Development Plan.

“Home” - the School, with particular emphasis on the School’s function as a home in the lives of the Current Beneficiaries and other members of the School Family.^[39]

“Homestead” - Milton S. Hershey’s family homestead near the village of Derry Church, in what was formerly the northwest tier of Lancaster County, where Milton S. Hershey was born on September 13, 1857 one year and eight month following the marriage of Henry H. Hershey and Veronica “Fanny” B. Snavely.^[40]

“Hotel Hershey” - Hotel Hershey, Hershey, Pennsylvania. 

“HTC Board of Directors” - the board of directors of the Hershey Trust Company.

“Indenture” - the legal document entered into to evidence the relationship required for Indenturing.^[41]

“Indenturing” - the legal relationship formed between each child, the Managers and the child’s parent, guardian or other competent authority required by Paragraph 15 of Milton Hershey’s Deed of Trust^[42] and was evidenced by an Indenture, pursuant to which (1) the child’s parent, guardian or other competent authority releases and relinquishes to the Managers the “custody and control of” the child at all times such child is a minor under state law – such that (a) the child is “to dwell with and serve” the Managers and “to be under their exclusive custody and control;” (b) the child is to “faithfully, honestly, and obediently serve the said Managers and conform to all their rules and regulations with reference to residence, studies, work and duty, and all other rules and regulations established by the Managers, their executive officers, or others by them appointed;” and (c) “the intent of this release being to enable the Managers to enforce in relation to the said orphan every proper restraint, and to prevent relatives, friends, or others from interfering with or withdrawing the said orphan from the school;” and (2) the Managers as a fiduciary undertake, among other things therein provided, (a) to “teach and instruct, or cause to be taught or instructed, the said orphan as set forth in the deed founding and endowing the school, and will keep and maintain the said orphan during the period aforesaid;” (b) “in their discretion, before or after the arrival of the said orphan at the age of eighteen years, provide for his further education at some other school, college, or university;” and (c) this additional obligation “The home provided for the said orphan by the Managers is situated at Hershey, Dauphin County, Pennsylvania, and that will be his residence,” in each case at all times the orphan remains a minor which undertakings are also set forth in the Deed of Trust as a continuing obligation of the Trust so long as such orphan remains a Scholar, including those described in “(b)” and “(c)” above while the Scholar is an adult.

“Indirect Education” - such of the Scholar Mandated Education that is provided through other schools, colleges and universities.^[43]

“John O. Hershey” or “J.O. Hershey” or “Dr. Hershey” - John O. Hershey.  Dr. John O. Hershey served Milton Hershey School for over 42 years. He began his work at The Hershey Industrial School as a houseparent in 1939 at student home Bonniemead where he served for seven years. After this assignment, he served as a guidance counselor, Director of Enrollment, Superintendent, and finally President of Milton Hershey School, a Pennsylvania nonprofit corporation, from 1963 until his retirement in 1981. Prior to coming to Milton Hershey School, Dr. Hershey attended several colleges, including Taylor University where he received his Bachelor of Arts degree and the University of Pennsylvania where he received his Masters Degree and Doctorate of Education. In addition to these degrees, he holds three honorary degrees from Taylor University, Bricker College and Albright College.  He served as President of the Milton Hershey School, a Pennsylvania nonprofit corporation, from 1963 until his retirement in 1981, as well as its Vice-Chairman in 1974 and Chairman from 1974 to 1981.  He served The M.S. Hershey Foundation from 1963 to 1982, and as its Vice-Chairman in 1974 and its Chairman from 1974 through 1981.  He served the Hershey Trust Company from 1963 through 1981, and as its Assistant Vice President from 1963 through 1980.  He served HERCO from 1967 through 1986, and as its Vice President from 1968 through 1974.^[44]

“K&L Report” - the 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.

“Managers” - term used in the Deed of Trust, meaning (1) from April 14, 1910, the date on which the original Managers accepted under the Deed of Trust, the individual Managers named in the Original Deed of Trust as “parties of the third part” and their respective successors, through December 29, 1919, and (2) on and after December 30, 1919, the Milton Hershey School, a Pennsylvania nonprofit corporation, as successor in interest to the individual Managers as contemplated by and effected through the exercise of Paragraph 28 of the Deed of Trust and the 1919 Decree,^[45] which Joseph Gumpher refers to as the “corporate fiduciary” in contrast with the School which he refers to as the “charitable institution.” ^[46]

“Medical Center” - The Milton S. Hershey Medical Center.

“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.^[47]

“Milton Hershey’s November 14, 1909 Will” - that certain will and testament dated November 14, 1909, executed by Milton Hershey, with codicils of Milton S. Hershey, which includes 1^st Codicil dated July 31, 1912, 2^nd Codicil dated July 31, 1913, 3^rd Codicil dated April 2, 1915, 4^th Codicil dated September 4, 1915, 5^th Codicil dated September 8, 1919, 6^th Codicil dated November 3, 1921, 7^th Codicil dated January 2, 1923, 8^th Codicil dated June 18, 1928, 9^th Codicil dated May 27, 1929, and 10^th Codicil dated  July 22, 1929.

 “Milton Hershey’s 1944 Final Will” - the certain will dated September 29, 1944, pursuant to which he revoked Milton Hershey’s November 14, 1909 Will, and went on to provide (1) a contribution of all shares of the capital stock of the Hershey Trust Company to the Trust, providing that the Directors of the Hershey Trust Company are to have the power to vote said stock at all meetings or elections of the shareholders of the Hershey Trust Company, (2) 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,” with Ezra F. Hershey, William F. R. Murrie and William H. Earnest appointed as his Executors.

“Milton Hershey’s Alumni Association” - the unincorporated association designated “The Hershey Industrial School Alumni Association” created in 1930 for and at the direction of Milton Hershey by George Copenhaver pursuant to a certain Constitution which provided, among other things, (1) “This association is organized for the purpose of looking after the general welfare of those who were formerly students at The Hershey Industrial School and left there with a good record,” (2) “The membership shall consist of those who were formerly students at The Hershey Industrial School, left there with a commendable record and have been elected to membership by a majority of the members present at any meeting,” (3) “It shall be the duty of the Secretary to keep a list of the membership, to correspond with former students of the School, to endeavor to keep a close relationship between the Association and these former students, and to encourage members of the Association to assist each other in every reasonable means,” (4) “It shall be the duty of the Welfare Committee to assist the Secretary in looking after the general welfare of the members of the Association,” and (5) “it is the purpose of this Association to keep in touch with former students, to assist in procuring employment for such students, and to provide such other assistance as may from time to time be necessary.”

“Milton Hershey’s Deed of Trust” - the Original Deed of Trust as modified during Milton S. Hershey’s life time, first when on December 30, 1919 the Court of Common Pleas of Dauphin County, Pennsylvania authorized the incorporation of the Board of Managers as The Hershey Industrial School, a Pennsylvania nonprofit corporation, a corporation of the first class, the charter for which is recorded in the Office of the Recorder of Deeds in Dauphin County, Pennsylvania in Charter Book L, Page 282, and second, when on October 30, 1933 the Court approved a petition authorizing revision of the Original Deed of Trust and such Court’s 1933 Decree (1) modified the Original Deed of Trust to expand the class of children 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.

“Milton Hershey’s First Trust” - the first trust he formed through his ownership of land and related assets in trust as part of the Hersheys’ Children’s Home but not yet contributed to the Trust, as acknowledged in his 1918 Letter to Hershey Chocolate Company regarding his holding title to certain land in trust for The Hershey Industrial School.

“Milton Hershey School” or “MHS” - the School from and after December 17, 1951, which was formerly known as “The Hershey Industrial School” from November 9, 1909 through December 16, 1951.

“Minimum Education” - (i) from November 15, 1909 through December 23, 1970, the Vocational, Agricultural and Academic Education contemplated by Paragraph 16 of the Deed of Trust^[48] until such person reaches 18 years of age, and (ii) on and after December 24, 1970, the Vocational, Agricultural and Academic Education contemplated by Paragraph 16 of the Deed of Trust until such person receives a full course of secondary education, in each case designed to fit such person for the trades such person is to learn, and a useful occupation in life.

“M.S.” - Milton S. Hershey. Many individuals called Milton S. Hershey “MS” during his life time and for a long time thereafter. In particular, the students in The Hershey Industrial School referred to Milton S. Hershey, and remember him today, as “MS.”

 “Non-Resident Employee” - any officer, director or employee of any Hershey Interest located within the Hersheys’ Children’s Home Campus or otherwise serving the Hersheys’ Children’s Home and not residing on the Hersheys’ Children’s Home Campus.

“Non-Resident Beneficiary” - a Current Beneficiary that is not a Resident Beneficiary.

“Normal” - with respect to the Requirements for Admission means “normal under the circumstances” and shall allow for behavioral, emotional, and educational disruptions ordinarily associated with dependency and likely of elimination or adequate amelioration once provided the substantially year-round residential care and material goods, services, development and education provided by the Trust.

“OAG” - the Office of the Attorney General of the Commonwealth of Pennsylvania.

“Original Alumni Association Member” - a Former Commendable Student who has been elected to membership in Milton Hershey’s Alumni Association by a majority of the existing members of such Alumni Association present at any meeting of such Alumni Association.

“Original Deed of Trust” - that certain Indenture made November 15, 1909 by Milton S. Hershey and Catherine S. Hershey, accepted by the Hershey Trust Company on April 14, 1910, accepted by the original Managers on April 14, 1910 and recorded in the Office of the Recorder of Deeds of Dauphin County, Pennsylvania in Deed Book “E,” Volume 14, Pages 331-345, on July 7, 1910.

“Orphan” - all Current Beneficiaries who are not Scholars, which (as distinguished from a Scholar) would include any Current Beneficiary who, after repeated attempts are made to change the attitude of such person so that the Trust can help such person, is nonetheless: (a) not worthy either because of such person’s (i) unwillingness to apply themselves or (ii) nasty desire to break the rules of the School, or (b) not demonstrating sincerity of purpose in the program which such person is undertaking, or (c) more of a hindrance than a help and does not want and will not cooperate in taking what the Trust has to offer, or (d) a person who does harm and will accept no good.

“Orphan Benefits” - an Orphan’s Basic Capital for Success.

“Orphan Capital for Success” - in the context of each Orphan, the Trust’s investment in such person their Basic Capital for Success. 

“Orphan Term” - in the context of each Orphan, the period of time from and including the date on which such person is admitted to the School to and including such Orphan’s Education Completion Date, subject to the ongoing Trust’s School Family Obligations.

“Orphan Termination Event” - in the case of each Orphan, the Managers decide such person may be dismissed, removed or expelled from the School because such person (i) has become incompetent to learn, or to master a trade, or (ii) from physical ailments it would be inexpedient for such person to continue their studies and training, or (iii) became insubordinate, or guilty of vice or crime, or became an unfit companion for the others, or (iv) has so conducted himself as not worthy of future and continued support and education, or (v) is so competent to work at his chosen trade, that he is qualified to be self-supporting, or (vi) for any other good and sufficient reason, under Paragraph 20 of the Deed of Trust, which would mean for purposes of Paragraph 16 of Milton Hershey’s Deed of Trust (and Paragraph 15 of the current Deed of Trust) that such Orphan (a) from November 15, 1909 through November 14, 1976, no longer merits remaining at the School until they reach the age of 18, or (b) from and after November 15, 1976, in the opinion of the Managers, is no longer a worthy student making satisfactory progress and can be dismissed from the care of the Managers and removed or expelled from the School.  These matters are to be determined in the opinion or judgment of the Managers.

“Orphans’ Court” - the Orphans’ Court Division, Court of Common Pleas of Dauphin County, Pennsylvania.

“P.N. Hershey” - P.N. Hershey, who in 1950 was the Agricultural Director of The Hershey Estates Farm Dept.  He was a Manager from 1935 to 1956.

“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.

“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.^[49]

“Requirements for Admission” - under the Deed of Trust means, consistent with the operation of the Hersheys’ Children’s Home in perpetuity for the full development of the whole person admitted to such home, only a child determined at the time of admission to be a child: (1) who is dependent to the extent of not having sufficient means to properly support and educate such person (that is, such child is determined to be in need of the institutional care of the Hersheys’ Children’s Home), (2) (a) with hereditary traits, physical and mental, that fall within expected and accepted norms for a child that is dependent or in need of the institutional care of the Hersheys’ Children’s Home, and (b) that does not suffer from physical ailments that would make it inexpedient for such person to continue such person’s studies and training at the Hersheys’ Children’s Home, (3) with character traits and observable behavior that fall within expected and accepted norms for a child that is dependent or in need of said institutional care, (4) with at least a normal or average intelligence quotient and not otherwise incompetent to learn, or to master a trade, (5) likely to benefit from the Hersheys’ Children’s Home’s efforts to fully develop such person as a whole person, (6) born in the United States of America, (7) from November 15, 1909 through December 24, 1970, who is subject to Indenturing, and (8) who is (a) from November 15, 1909 through October 29, 1933, a white male between 4 and 8 years of age whose father is dead, (b) from October 30, 1933 through December 23, 1970, a white male between 4 and 14 years of age whose father or mother is dead, (c) from December 24, 1970 through November 14, 1976, a male between 4 and 16 years of age whose father or mother is dead, and (d) from and after November 15, 1976, a child between 4 and 16 years of age whose father or mother is dead or who is otherwise not receiving adequate care from one of such child’s natural parents.

“Resident Employee” - any officer, director or employee of any Hershey Interest located within the Hersheys’ Children’s Home Campus or otherwise serving the Hersheys’ Children’s Home and residing on the Hersheys’ Children’s Home Campus.

“Resident Non-Employees” - the individuals residing on the Hersheys’ Children’s Home Campus who are not employees of any of the Hershey Interests.

“Resident Beneficiary” - a Current Beneficiary that is receiving Direct Education.

“Rudisill” or “Richard A. Rudisill” or “Dr. Rudisill” - Richard A. Rudisill.  In April 1951, Rudisill, the school’s first Headmaster, joined the school faculty as a reading teacher in Memorial Hall. On August 1, 1958, Rudisill was appointed Assistant Superintendent of the Milton Hershey School.  Rudisill was appointed Headmaster of Milton Hershey School, a Pennsylvania nonprofit corporation, on January 3, 1963, upon the election of John O. Hershey as President of Milton Hershey School, a Pennsylvania nonprofit corporation. On July 16, 1974, Rudisill was named Vice-President Headmaster, Milton Hershey School. On August 1, 1983, Rudisill was named Senior Vice President of Milton Hershey School.  On September 1, 1984, Rudisill, Senior Vice President, retired from Milton Hershey School after 33 years of service. Rudisill died on December 3, 1987.^[50] 

“Scholar” - each Current Beneficiary who is doing their best to take full advantage of the opportunities presented to such person through the Trust.^[51]

“Scholar Additional Education” - such additional education (including at other schools, colleges or universities) (which is to be determined after ascertaining and considering the Scholar’s unique tastes, capacity, intelligence and adaptability) as is sufficient such that, on a self-reliant basis, such Scholar is able to support himself or herself in some occupation or mechanical trade determined by his or her unique tastes, capacity, intelligence and adaptability.

“Scholar Benefits” - in the context of each Scholar, such person’s Scholar Capital for Success.

“Scholar Capital for Success” - in the context of each Scholar, such Scholar’s Basic Capital for Success and Scholar Mandated Education.^[52]

“Scholar Core Education” - such Vocational, Agricultural and Academic Education (which is to be determined after ascertaining and considering the Scholar’s unique tastes, capacity, intelligence and adaptability), Character Education, and Self-Reliance Education as is sufficient such that, on a self-reliant basis, such Scholar is (i) “when he or she leaves the School on the completion of the period for which he or she is to remain,” “able to support himself or herself”^[53] in some occupation or mechanical trade, (ii) moral, (iii) religious, (iv) truthful, (v) financially responsible and (vi) industrious.

“Scholar Mandated Education” - in the case of each Scholar:

(a) where (i) there is sufficient income for the purposes under Paragraph 21 and (ii) the Scholar’s unique tastes, capacity, intelligence and adaptability do merit going to another school, college or university whether as part of, or upon completion of, his Minimum Education, the education through other schools, colleges or universities required to provide such Scholar his Scholar Core Education and Scholar Additional Education, and

(b) otherwise, the education required to provide such Scholar with his Scholar Core Education,

which education in each case (a) and (b) above is mandatory and must be determined based upon such Scholar’s individual taste, capacity, intelligence, and adaptability and must be provided through Direct Education, Character Education, Self-Reliance Education and Indirect Education, as the case may be; that is, during and following such Scholar’s Minimum Education, the Managers must exercise all such other requisite efforts (e.g., mentoring, transition, placement and other programs directly and in cooperation with the Alumni Association, and so long as there is sufficient income from the Trust, education through other schools, colleges, or universities) to provide the maximum assurance that each Scholar becomes self-reliant and is successful in life.^[54]

“Scholar Term” - for each Scholar, the period during which such Scholar’s status of a Current Beneficiary continues which beneficiary status extends beyond the receipt of a Minimum Education and lasts until such Scholar’s Education Completion Date, subject to the ongoing Trust’s School Family Obligations.

“Scholar Termination Event” - in the case of each Scholar, the Managers decides such Scholar deserves removal or expulsion under Paragraph 20 of the Deed of Trust.

“School” - the “institution” founded and endowed in perpetuity pursuant to the Deed of Trust (and the first “institution” named in the Deed of Trust), named “The Hershey Industrial School” from November 15, 1909 until December 16, 1951 and as the “Milton Hershey School” from and after December 17, 1951, and designated as the “School” in the first recital of the Deed of Trust, “to be located in Derry Township,” which Joseph Gumpher refers to as the “charitable institution” in contrast with the Managers which he refers to as the “corporate fiduciary.”^[55] The School is the Hersheys’ Children’s Home and includes, among other things, the “ideal community,” the Hersheys’ Children’s Home Campus (including Hershey, Pa.), Hershey Estates, the Hershey Chocolate Company and its successors and the school. 

“school” - the residential, educational and other related facilities and employees that directly serve the Resident Beneficiaries and Non-Resident Beneficiaries, which comprise a major component of the School but are distinguished from the School. This distinction from the “School” is emphasized by the 1933 Deed Modification which added the 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. When Paragraph 29 was added, the reference to “school” became the only provision of Milton Hershey’s Deed of Trust where the term “school” was not “School” as the institution was so designated in the Original Deed of Trust.  In both the 1933 Petition and the 1933 Decree, the parties requested, and the Court decreed, that “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.”  In the 1933 Petition, reference was expressly made to the “School” when quoting the Original Deed of Trust.  However, in the same document, the relief sought refers to the “school.”  This pattern of distinction is likewise maintained in the 1933 Articles of Amendment of Certificate of Incorporation, dated October 30, 1933, which arose solely as a result of the 1933 Decree. The following five points support the understanding that the “school” was viewed as a part of the Hersheys’ Children’s Home or the School, but not all of it:

1. Managers worked for Hershey Estates during M.S.’s lifetime, which employed both employees of the school as well as employees of other Hershey Interests,
2. Hershey Estates managed the overall operation of the Hershey’s Children’s Home,
3. the language of the Deed of Trust expressly distinguishes between the “School” and the “school,”^[56]
4. the language of the Articles of Amendment clearly distinguished between the incorporated Managers, the School and the school, and
5. during this period, John Snyder remained the primary legal counsel to all Hershey Interests and M.S.

Refer to Sections 3.4(d) and 3.4(e), and Appendix XXIII for detailed analysis of the “school” and the various documents that manifest the school’s separate existence within the “School.”

“School Administration” - the senior administration of the school; likewise “School Administrator” means a member of the School Administration.

“School Archives” - the Historical Archives and/or Historical Records of the Milton Hershey School.

“School Family” - the institutional family created by the Hersheys and the original senior members of which were the Hersheys and others like the Copenhavers, which is comprised of all of the past, present and future Managers, school administrators, teachers, houseparents, staff, former students and students of the school, who once a member of the School Family forever will remain part of the School Family, not to replace, nor compete with, biological families, but rather to supplement them.

“School Family Benefits” - in the case of each Current Beneficiary, the benefits derived from being provided a “Home,” which Home includes: (a) a residence at the Hersheys’ Children’s Home Campus while a Resident Beneficiary, (b) being a part of the social unit formed by a family living together (that is, one’s close family and self) – that is, the “School Family”, (c) while a Non-Resident Beneficiary, a place to which one intends to return, and (d) such Current Beneficiary’s place of origin and emotional attachment, as well as (2) being part of the School Family as it further develops and enjoys continued excellent health through the Managers and other members of the School Family (1) keeping in touch and corresponding with, keeping a close relationship with, assisting in procuring employment for and providing other necessar