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IN THE COMMONWEALTH COURT OF PENNSYLVANIA Milton Purcell, Ethel Campbell, Graham McIntyre, Ivan Dietrich, Ralph Fink, Harvey Deitrich, Girard Gaughan, Harry Heath, Robert Patton, Gerald Long, Junior Via, Richard Mattis, Christine Cook and Robert Heist v. Milton Hershey School Alumni Association, John Rice and Jerry Waters, Appellants BEFORE: : : : : : : : : : No. 1198 C.D. 2005 : Argued: September 15, 2005 : : : :

HONORABLE DORIS A. SMITH-RIBNER, Judge HONORABLE DAN PELLEGRINI, Judge (P.) HONORABLE MARY HANNAH LEAVITT, Judge FILED: October 7, 2005

OPINION BY JUDGE PELLEGRINI

The Milton Hershey School Alumni Association, John Rice and Jerry Waters (collectively, the Incumbent Board), appeal from an order of the Court of Common Pleas of Dauphin County (trial court) granting a preliminary injunction filed by Milton Purcell and other members or putative members of the Milton Hershey School Alumni Association Board of Directors (collectively, Challengers) and determining that certain individuals were qualified to serve on the Incumbent Board and had the right to vote in all Board matters that were conducted on June 26, 2005.

This case involves the Alumni Association of the Milton Hershey School.1 The Association was created 74 years ago and is comprised entirely of orphan graduates. It is a non-profit, tax-exempt organization under Section The Alumni Association is comprised of active 501(c)(3) of the Internal Revenue Code, 26 U.S.C.

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Pennsylvania Law