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HomeMy WebLinkAbout13-3571 Supreme CourtofPennsylvania J Court-0f CQII mo*Tleas For Prothonotary Use Only: Civil:Cover Sheet Docket No: CL& rr" �p� County � 3- 3Y -7 t The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lmi,or rules of'court. Commencement of Action: El Complaint El Writ of Summons ❑ Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: IRA J. SHARP CHARLES THOMAS MEEHAN T I Are money damages requested? El Yes El No Dollar Amount Requested: Dwithin arbitration limits (check one) Imoutside arbitration limits N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? D Yes R1 No A Name of Plaintiff/Appellant's Attorney: R. MARK THOMAS, ESQUIRE El Check here if'you have no attorney(are a '�elf-Represcnted [Pro Scj Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS • Intentional 0 Buyer Plaintiff Administrative Agencies • Malicious Prosecution 0 Debt Collection: Credit Card rl Board of Assessment 0 Motor Vehicle ® Debt Collection:Other ❑ Board of Elections E] Nuisance [] Dept.of Transportation rl Premises Liability 0 Statutory Appeal:Other S Product Liability (does not include ❑ Employment Dispute: E mass tort) Q Slander/Libel/Defamation Discrimination El C El Other: Employment Dispute:Other El Zoning Board T 0 Other: I R Other• 1 O MASS TORT El Asbestos N F1 Tobacco 0 Toxic Tort-DES n Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: El Ejectment El Common Law/Statutory Arbitration B © Eminent Domain/Condemnation [3 Declaratory Judgment El Ground Rent E] Mandamus El Landlord/Tenant Dispute E]Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial ©Quo Warranto Dental E] Partition El Replevin El Legal E] Quiet Title Other: Medical E] Other: Other Professional: Updated 1/1/2011 IRA J. SHARP IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA 13 - 3 5'� I C-D Plaintiff C=C") :CIVIL ACTION at LAW -O:t V. C-- CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEEDWITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court You must attend the scheduled conference or hearing. f-/b 3. 7S'f0( IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL NO. 13 _' 3 ,5-7/ / V. CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes Plaintiff, Ira J. Sharp,by and through his counsel,R. Mark Thomas, Esquire, and files this Complaint for Breach of Contract and in support thereof respectfully represents: 1. Plaintiff, Ira J. Sharp, is an adult individual who resides at 1 I Raspberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Charles Thomas Meehan, is an adult individual who resides at 316 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are brothers of the half blood. 4. On or about May 21, 2013,Plaintiff and Defendant were sitting at the bar known as Johnny Joe's located at 5327 East Trindie Road, Mechanicsburg, Pennsylvania,playing$20 "Hot Million"instant lottery tickets from the vending machine located at Johnny Joe's. 5. After a time, Defendant gave up and said he had spent all the money he could spend. 6. Plaintiff placed a$20 bill on the bar in front of Defendant and said"Let's play one(1)more ticket; If we win we'll split the money". 7. Defendant went to the vending machine with the $20 bill Plaintiff had given him, purchased a ticket and returned to the bar. 8. After playing the ticket, Defendant asked Plaintiff to go with Defendant to the public restroom inside Johnny Joe's. 9. Inside the restroom Defendant showed the ticket to Plaintiff who looked at it thoroughly and agreed with Defendant that it was a one million ($1,000,000) dollar instant lottery ticket winner. 10. Both parties returned to the bar, quietly finished their drink, and left for Defendant's home on Portland Street, Mechanicsburg, Pennsylvania. 11. While at Defendants home the parties agreed to meet early the next morning at Defendant's home and drive together to the PA Lottery offices to present their$1,000,000. winning ticket to the Lottery Commission. 12. Plaintiff called Defendant early the next morning two (2) different times, but Defendant did not answer his phone. 13. After the two (2) attempted phone calls, Plaintiff went to Defendant's home, but Defendant was not there. 14. Later that afternoon Plaintiff again called Defendant, but got no answer. 15. Several minutes later Defendant returned Plaintiff's call and told Plaintiff that Defendant had gone to the Lottery Commission alone where he was told that the ticket was not a winning ticket. 16. Plaintiff asked to see the ticket, at which time Defendant said he had thrown the ticket on the floor at the Lottery Commission office due to his disappointment that the ticket was not a winner. 17. Days later Plaintiff learned that an official from the Lottery Commission advised the owner of Johnny Joe's that a one million dollar ticket winner had recently been purchased from the vending machine inside Johnny Joe's. 18. The winning instant ticket was identified as a"Hot Million"instant lottery ticket; which is the same name of the ticket Plaintiff and Defendant had been playing. COUNT I —Breach of Contract 19. Plaintiff's allegations contained in paragraphs 1 through 18 are incorporated herein as if set forth at length. 20. Plaintiff and Defendant had an agreement that Plaintiff would pay for one more Hot Million Instant Lottery Ticket to be played by Defendant, and if it was a winner, they would split the winnings. 21. Although the Defendant said nothing in response to what Plaintiff had said, Defendant used the $20 bill from Plaintiff to purchase one (1) more Hot Million Instant Lottery ticket which turned out to be a $1,000,000 instant winner. 22. Defendant now denies that the ticket was a winning ticket. 23. Plaintiff saw the ticket and alleges that it was an instant winner for$1,000,000. 24. Plaintiff believes and therefore avers that Defendant secretively has submitted the winning ticket to the Lottery Commission and has identified himself as the sole owner and holder of the ticket. 25. Defendant has breached the oral agreement by denying the existence of the winning ticket, claiming it was not a winner. 26. Defendant's words and actions demonstrate his refusal to abide by the agreement between the parties. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in favor of Plaintiff and against the Defendant, in the amount of$500,000. plus court costs and attorney's fees if allowed. Respectfully submitted, R. Mark Thomas, Esquire ID#41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION I verify that the statements made in the foregoing Civil Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date:— IRA J. SaAO'- IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff _ . CIVIL NO. / 3 5-7/ CJ A^ V. 2 CHARLES THOMAS MEEHAN -Z7 ZZ Defendant C:) -. APPLICATION FOR SPECIAL INJUNCTION AND NOW, comes IRA J. SHARP, Plaintiff in a filed civil action under the same term and number as above, by and through his counsel, R. Mark Thomas, Esquire, and files this Application for Special Injunction, pursuant to Pa. R.C.P., Rule 1531, and in support thereof respectfully represents: 1. Plaintiff Ira J. Sharp is an adult individual who resides at 11 Raspberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Charles Thomas Meehan, is an adult individual who resides at 316 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are brothers of the half blood. 4. Attached hereto as Plaintiffs Exhibit"A" and incorporated herein as if set forth at length, is a Complaint filed by Plaintiff against Charles Thomas Meehan,the above captioned Defendant. 5. The Complaint alleges an action for breach of contract on the part of Defendant. 6. The issue in the breach of contract action concerns an instant PA lottery ticket which is a$1,000,000 winning ticket. 7. The complaint alleges that Plaintiff and Defendant were together when the ticket was purchased by Defendant from a vending machine using a$20 bill provided by Plaintiff. 8. Prior to purchasing the ticket Plaintiff and Defendant had an agreement to split the winnings, if any, shown on the ticket. 9. This occurred on May 21, 2013 at Johnny Joe's bar located on East Trindle Road, Mechanicsburg, Pennsylvania. 10. Since the winning ticket was purchased, Defendant has avoided Plaintiff, other than to tell Plaintiff that the ticket turned out not to be a winner like they had previously thought. 11. Approximately ten (10) days after May 21, 2013, lottery officials notified the owner of Johnny Joe's that a$1,000,000 instant lottery ticket had been purchased from the vending machine located at Johnny Joe's. 12. Prior to the owner receiving official notice of the winning ticket from the Lottery Commission Plaintiff had discussed the $1,000,000 ticket winner with friends and employees at Johnny Joe's bar. 13. Immediately after receiving word that the $1,000,000 ticket had been submitted to the Lottery Commission, who had not identified the winner by name, Plaintiff went to the Lottery Commission and gave a written statement as to his interest in the winning ticket. 14. Unless this court enters an injunction as requested herein, the Commission will issue full payment to the Defendant alone. 15. Plaintiff has reason to believe that Defendant has already received or will receive the $1,000,000, minus deductions, in the immediate future. 16. Plaintiff believes and therefore avers that he will be irreparably harmed, and in support of the reasonableness of this belief alleges: a. Defendant has no close family connections in central Pennsylvania; b. Defendant's words and actions clearly establish that he is willing to allow a sum of money to destroy his relationship with Plaintiff, who has always been a friend and brother; c. It is reasonable to assume that when Defendant receives the money from the lottery ticket he will have ample reason to avoid the jurisdiction of this court and abscond from the Commonwealth of Pennsylvania with the entire lottery winnings. d. At the very least, permanent harm to Plaintiff is threatened by the failure to grant a temporary injunction at this time. 17. Plaintiff asks this court to enter a Special Injunction to stop payment from being made to Defendant alone, or in the alternative, require Defendant to surrender control of all lottery proceeds in his possession to the court, or the court's appointee. WHEREFORE, Plaintiff prays this Honorable Court will grant this Application for Special Injunction and issue an order placing a hold on the payout from lottery officials under the terms of the lottery system until such time as Plaintiff has an opportunity to be heard on this Application. In the Further, in the event that the Lottery Commission has already issued the payout in full to Defendant, that Defendant be ordered to deliver Plaintiff's one-half(1/2) share to the court until a hearing is held on this application. Respectfully submitted, R. Mark Thomas, Esquire ID#41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION I verify that the statements made in the foregoing Application for an Injunction are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unsworn falsification to authorities. Date: e 17— /-3 1J- SHA IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff CIVIL NO. V. CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes Plaintiff, Ira J. Sharp, by and through his counsel, R. Mark Thomas, Esquire, and files this Complaint for Breach of Contract and in support thereof respectfully represents: I. Plaintiff, Ira J. Sharp, is an adult individual who resides at 11 Raspberry Drive, Mechanicsburg, Cumberland County,Pennsylvania, 2. Defendant Charles Thomas Meehan, is an adult individual who resides at 316 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are brothers of the half blood. 4. On or about May 21, 2013, Plaintiff and Defendant were sitting at the bar known as Johnny Joe's located at 5327 East Trindle Road,Mechanicsburg, Pennsylvania,playing$20 "Hot Million"instant lottery tickets from the vending machine located at Johnny Joe's. 5. After a time, Defendant gave up and said he had spent all the money he could spend. 6. Plaintiff placed a$20 bill on the bar in front of Defendant and said "Let's play one (1)more ticket; If we win we'll split the money". EXHIBIT A 7. Defendant went to the vending machine with the $20 bill Plaintiff had given him, purchased a ticket and returned to the bar. 8. After playing the ticket, Defendant asked Plaintiff to go with Defendant to the public restroom inside Johnny Joe's. 9. Inside the restroom Defendant showed the ticket to Plaintiff who looked at it thoroughly and agreed with Defendant that it was a one million($1,000,000) dollar instant lottery ticket winner. 10. Both parties returned to the bar, quietly finished their drink, and left for Defendant's home on Portland Street, Mechanicsburg, Pennsylvania. 11. While at Defendants home the parties agreed to meet early the next morning at Defendant's home and drive together to the PA Lottery offices to present their$1,000,000. winning ticket to the Lottery Commission. 12. Plaintiff called Defendant early the next morning two (2) different times, but Defendant did not answer his phone. 13. After the two (2) attempted phone calls, Plaintiff went to Defendant's home, but Defendant was not there. 14. Later that afternoon Plaintiff again called Defendant, but got no answer. 15. Several minutes later Defendant returned Plaintiff's call and told Plaintiff that Defendant had gone to the Lottery Commission alone where he was told that the ticket was not a winning ticket. 16. Plaintiff asked to see the ticket, at which time Defendant said he had thrown the ticket on the floor at the Lottery Commission office due to his disappointment that the ticket was not a winner. 17. Days later Plaintiff learned that an official from the Lottery Commission advised the owner of Johnny Joe's that a one million dollar ticket winner had recently been purchased from the vending machine inside Johnny Joe's. 18. The winning instant ticket was identified as a"Hot Million" instant lottery ticket; which is the same name of the ticket Plaintiff and Defendant had been playing. COUNT I —Breach of Contract 19. Plaintiff's allegations contained in paragraphs 1 through 18 are incorporated herein as if set forth at length. 20. Plaintiff and Defendant had an agreement that Plaintiff would pay for one more Hot Million Instant Lottery Ticket to be played by Defendant, and if it was a winner, they would split the winnings. 21. Although the Defendant said nothing in response to what Plaintiff had said, Defendant used the $20 bill from Plaintiff to purchase one (1) more Hot Million Instant Lottery ticket which turned out to be a$1,000,000 instant winner. 22. Defendant now denies that the ticket was a winning ticket. 23. Plaintiff saw the ticket and alleges that it was an instant winner for$1,000,000. 24. Plaintiff believes and therefore avers that Defendant secretively has submitted the winning ticket to the Lottery Commission and has identified himself as the sole owner and holder of the ticket. 25. Defendant has breached the oral agreement by denying the existence of the winning ticket, claiming it was not a winner. 26. Defendant's words and actions demonstrate his refusal to abide by the agreement between the parties. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in favor of Plaintiff and against the Defendant, in the amount of$500,000. plus court costs and attorney's fees if allowed. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff : CIVIL NO. V. �. CHARLES THOMAS MEEHAN n ter- ..... Defendant ORDER - DO AND NOW, this day of June 2013, following a review of Plaintiff s Application for Special Injunction and the exhibits attached thereto,the Application is granted and the following injunction is ordered: 1. In the event that the lottery ticket winnings have not yet been delivered to Charles T. Meehan of 316 East Portland Street,Mechanicsburg, Pennsylvania,the Commonwealth, as represented,by the Lottery Commission, is hereby enjoined from issuing payment on the $1,000,000 winner instant lottery ticket which was presented to the Lottery Commission by Defendant, Charles T. Meehan,until further order of this court; 2. In the event that Charles T. Meehan has already received the proceeds from the $1,000,000 instant lottery ticket winner,he is hereby enjoined from spending or in any way disposing.of these proceeds in any fashion whatsoever until further order of this court, and further, the Defendant is hereby ordered and directed to pay the proceeds from the winning ticket into the court for safekeeping until such time as a hearing on this matter has been heard and further order issues from this court. 3. A hearing on this matter is hereby scheduled for the v day of �q 2013, in Court Room , at y o'clock By the court, NIILI-7� z � --- J b� R. Mark Thomas, Counsel for Plaintiff — t//��arp,es 14wdl .fie e e a Charles T. Meehan, Defendant, _ '(,o p y Z e G' VOffice of the Prothonotary J ,/Sheriff > 1,t°1 der Court Administrator's Office IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff : CIVIL NO. V. CHARLES THOMAS MEEHAN r—.z: to Defendant r co -'z 01 APPLICATION FOR SPECIAL INJUNCTION AND NOW,comes IRA J. SHARP,Plaintiff in a filed civil action under the same term and number as above, by and through his counsel, R. Mark Thomas,Esquire, and files this Application for Special Injunction,pursuant to Pa. R.C.P., Rule 1531, and in support thereof respectfully represents: I Plaintiff Ira J. Sharp is an adult individual who resides at 11 Raspberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Charles Thomas Meehan, is an adult individual who resides at 316 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are brothers of the half blood. 4. Attached hereto as Plaintiff's Exhibit"A"and incorporated herein as if set forth at length, is a Complaint filed by Plaintiff against Charles Thomas Meehan,the above captioned Defendant. 5. The Complaint alleges an action for breach of contract on the part of Defendant. 6. The issue in the breach of contract action concerns an instant PA lottery ticket which is a$1,000,000 winning ticket. - 11111 7. The complaint alleges that Plaintiff and Defendant were together when the ticket was purchased by Defendant from a vending machine using a$20 bill provided by Plaintiff. 8. Prior to purchasing the ticket Plaintiff and Defendant had an agreement to split the winnings, if any, shown on the ticket. 9. This occurred on May 21, 2013 at Johnny Joe's bar located on East Trindle Road, Mechanicsburg, Pennsylvania. 10. Since the winning ticket was purchased,Defendant has avoided Plaintiff,other than to tell Plaintiff that the ticket turned out not to be a winner like they had previously thought. 11. Approximately ten(10) days after May 21,2013, lottery officials notified the owner of Johnny Joe's that a$1,000,000 instant lottery ticket had been purchased from the vending machine located at Johnny Joe's. 12. Prior to the owner receiving official notice of the winning ticket from the Lottery Commission Plaintiff had discussed the $1,000,000 ticket winner with friends and employees at Johnny Joe's bar. 13. Immediately after receiving word that the $1,000,000 ticket had been submitted to the Lottery Commission,who had not identified the winner by name, Plaintiff went to the Lottery Commission and gave a written statement as to his interest in the winning ticket. 14. Unless this court enters an injunction as requested herein,the Commission will issue full payment to the Defendant alone. 15. Plaintiff has reason to believe that Defendant has already received or will receive the $1,000,000, minus deductions, in the immediate future. 16. Plaintiff believes and therefore avers that he will be irreparably harmed, and in support of the reasonableness of this belief alleges: a. Defendant has no close family connections in central Pennsylvania; b. Defendant's words and actions clearly establish that he is willing to allow a sum of money to destroy his relationship with Plaintiff, who has always been a friend and brother; c. It is reasonable to assume that when Defendant receives the money from the lottery ticket he will have ample reason to avoid the jurisdiction of this court and abscond from the Commonwealth of Pennsylvania with the entire lottery winnings. d. At the very least,permanent harm to Plaintiff is threatened by the failure to grant a temporary injunction at this time. 17. Plaintiff asks this court to enter a Special Injunction to stop payment from being made to Defendant alone, or in.the alternative,require Defendant to surrender control of all lottery proceeds in his possession to the court, or the court's appointee. WHEREFORE,Plaintiff prays this Honorable Court will grant this Application for Special Injunction and issue an order placing a hold on the payout from lottery officials under the terms of the lottery system until such time as Plaintiff has an opportunity to be heard on this Application. In the Further, in the event that the Lottery Commission has already issued the payout in full to Defendant,that Defendant be ordered to deliver Plaintiff's one-half(112) share to the court until a hearing is held on this application. Respectfully submitted, R. Mark Thomas, Esquire ID#41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 VERIFICATION I verify that the statements made in the foregoing Application for an Injunction are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,relating to unsworn falsification to authorities. Date: I J. S IRA J. SHARP : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff . CIVIL NO. V. . CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes Plaintiff, Ira J. Sharp,by and through his counsel,R. Mark Thomas, Esquire, and files this Complaint for Breach of Contract and in support thereof respectfully represents: 1. Plaintiff, Ira J. Sharp, is an adult individual who resides at 11 Raspberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Charles Thomas Meehan, is an adult individual who resides at 316 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are brothers of the half blood. 4. On or about May 21, 2013,Plaintiff and Defendant were sitting at the bar known as Johnny Joe's located at 5327 East Trindle Road, Mechanicsburg, Pennsylvania,playing$20 "Hot Million"instant lottery tickets from the vending machine located at Johnny Joe's. 5. After a time, Defendant gave up and said he had spent all the money he could spend 6. Plaintiff placed a$20 bill on the bar in front of Defendant and said"Let's play one(1)more ticket; If we win we'll split the money". EXHIBIT A 7. Defendant went to the vending machine with the $20 bill Plaintiff had given him, purchased a ticket and returned to the bar. 8. After playing the ticket, Defendant asked Plaintiff to go with Defendant to the public restroom inside Johnny Joe's. 9. Inside the restroom Defendant showed the ticket to Plaintiff who looked at it thoroughly and agreed with Defendant that it was a one million($1,000,000) dollar instant lottery ticket winner. 10. Both parties returned to the bar, quietly finished their drink, and left for Defendant's home on Portland Street,Mechanicsburg, Pennsylvania. 11. While at Defendants home the parties agreed to meet early the next morning at Defendant's home and drive together to the PA Lottery offices to present their$1,000,000. winning ticket to the Lottery Commission. 12. Plaintiff called Defendant early the next morning two (2) different times, but Defendant did not answer his phone. 13. After the two (2) attempted phone calls, Plaintiff went to Defendant's home, but Defendant was not there. 14. Later that afternoon Plaintiff again called Defendant, but got no answer. 15. Several minutes later Defendant returned Plaintiff's call and told Plaintiff that Defendant had gone to the Lottery Commission alone where he was told that the ticket was not a winning ticket. 16. Plaintiff asked to see the ticket, at which time Defendant said he had thrown the ticket on the floor at the Lottery Commission office due to his disappointment that the ticket was not a winner. 17. Days later Plaintiff learned that an official from the Lottery Commission advised the owner of Johnny Joe's that a one million dollar ticket winner had recently been purchased from the vending machine inside Johnny Joe's. 18. The winning instant ticket was identified as a"Hot Million"instant lottery ticket; which is the same name of the ticket Plaintiff and Defendant had been playing. COUNT I —Breach of Contract 19. Plaintiff's allegations contained in paragraphs I through 18 are incorporated herein as if set forth at length, 20. Plaintiff and Defendant had an agreement that Plaintiff would pay for one more Hot Million Instant Lottery Ticket to be played by Defendant, and if it was a 'winner,they would split the winnings. 21. Although the Defendant said nothing in response to what Plaintiff had said, Defendant used the$20 bill from Plaintiff to purchase one (1)more Hot Million Instant Lottery ticket which turned out to be a$1,000,000 instant winner. 22. Defendant now denies that the ticket was a winning ticket. 23. Plaintiff saw the ticket and alleges that it was aninstant winner for$1,000,000. 24. Plaintiff believes and therefore avers that Defendant secretively has submitted the winning ticket to the Lottery Commission and has identified himself as the sole owner and holder of the ticket. 25. Defendant has breached the oral agreement by denying the existence of the winning ticket, claiming it was not a winner. 26. Defendant's words and actions demonstrate his refusal to abide by the agreement between the parties. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in favor of Plaintiff and against the Defendant, in the amount of$500,000. plus court costs and attorney's fees if allowed. Respectfully submitted, R. Mark Thomas, Esquire ID#41301 101 S. Market Street . Mechanicsburg, PA 17055 (717) 796-2100 IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW CHARLES THOMAS MEHAN, Defendant NO. 13-3571 CIVIL TERM IN RE: PLAINTIFF'S APPLICATION FOR SPECIAL INJUNCTION ORDER OF COURT AND NOW, this 20t'' day of June, 2013, the prior Order of Court dated June 19, 2013, in the above matter, is hereby amended to reflect that Paragraph 1 of that order is in error, in that this Court does not have jurisdiction over a Commonwealth agency in the instant matter and that provision is revoked and made null and void. In all other respects, the Order of Court of June 19, 2013, shall remain in full force and effect. BY THE COURT, Christyle L. Peck, J. c.� ✓R. Mark Thomas, Esq. j rn 101 South Market Streets ` 'f= Mechanicsburg, PA 17055 o .c Attorney for Plaintiff �les Meehan, Esq. - '. Office of Chief Counsel Pennsylvania Department of Revenue P.O. Box 281061 Harrisburg, PA 17128-1061 Attorney for Commonwealth (Defendant) :rc Co. , LL l SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F!LED-,o,j=uG Sheriff U THE PROTHON 1, FV Jody S Smitht�s, Chief Deputy �. ��+ 2013 JUN 28 Aft 10: 18 Richard W Stewart * CUMBERLAND COUNTY Solicitor 'rt �� " = ' ~ PENN-SYLVANIA Ira J. Sharp Case Number vs. Charles Thomas Meehan 2013-3571 SHERIFF'S RETURN OF SERVICE 06/19/2013 05:23 PM - Deputy Tim Black, being duly sworn according to law, served the requested Court Order, Application for Special Injunction, and Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Charles.Thomas Meehan at 316 E. Portland Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. TIM IfLAOK, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, June 21, 2013 RON e R ANDERSON, SHERIFF (c)CountySulto Shorift,Teleosoft,Inc, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: IRA SHARP Plaintiff CIVIL NO. 13-3571 Civil C� C- V. ricu rte- CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED Defendant Praecipe for Entry of Appearance To the Prothonotary: Enter my appearance on behalf of Charles Thomas Meehan. (Defendant) Papers may be served at the address set forth below. James M. Bach Attorney I.D. No. 18727 Attorney for Party Named Above and Identification Number Law Office of James M. Bach Firm 352 South Sporting Hill Road. Address Mechanicsburg, PA 17050 City,State, Zip Code (717) 737-2033 Telephone Number (717) 737-4220 Fax Number for Service of Papers staffPiamesmbach.com Email DATE: June 27, 2013 RESPECTFULLY SUBMITTED: ES M. BACH, ESQUIRE orney I.D. No. 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. • CHARLES THOMAS MEEHAN, CIVIL ACTION - LAW Defendant NO. 13-3571 CIVIL TERM IN RE: PLAINTIFF' S APPLICATION FOR SPECIAL INJUNCTION ORDER OF COURT AND NOW, this 24th day of June, 2013, this being the time and place set for a hearing on Plaintiff ' s Application for Special Injunction, and the parties having presented their cases in full, the evidence is hereby deemed closed and this matter is taken under advisement . Pending further order of court and decision on Plaintiff ' s Application for Special Injunction, provision No. 2 of the original special injunction providing that the Defendant is enjoined from spending or in any other way disposing of proceeds that he currently has in a Member 1st bank account shall continue . By the Court, Christylee L. Peck, J. xc dry' ra Cr; ./ R. Mark Thomas, Esquire c.o3> For the Plaintiff ; 3.0 =�' z"r James M. Bach, Esquire c r For the Defendant : ifh /6a1./.3 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: . -.. IRA SHARP ,c ' ', Plaintiff CIVIL NO. 13-3571 Civil v. -v c1 CHARLES THOMAS MEEHAN JURY TRIAL DEMANDED r Defendant : ANSWER AND NOW, comes Defendant Charles T. Meehan, by and through his counsel, James M. Bach, Esquire, and files this Answer to the within Complaint for Breach of Contract. The Defendant represents as follows: 1.-3. ADMITTED. 4. ADMITTED IN PART AND DENIED IN PART. It is admitted that the parties were in Johnny Joe's on May 21st 2013. It is further admitted that the parties were gambling. It is denied that both parties were playing the $20 dollar"Hot Million" instant lottery ticket game. The parties were playing different games of chance and Charles Thomas Meehan was the only party playing the "Hot Million" lottery ticket at that time. 5. ADMITTED. 6. DENIED. Strict proof of this allegation is demanded at time of trial. The parties had no discussion of winning and splitting the winnings. Furthermore, the $20.00 dollars given by Ira Sharp to Charles Thomas Meehan was a gift (no strings attached). 7.-9. ADMITTED. 10. ADMITTED. 11. DENIED. Strict proof of this allegation is demanded at time of trial. Defendant disagrees with, and disputes, the suggestion that an agreement was reached that the parties would drive together to the lottery office. No such agreement between the parties occurred. 12. ADMITTED. 1 13. DENIED. It is denied that Plaintiff went to Defendant's home. And it does not clearly state what date and time the Plaintiff arrived. This suggestion is so vague that it is not possible to form a belief as to its truthfulness. 14. DENIED. This allegation does not contain any specificity as to the date and time the alleged call was made. Because this allegation is vague, Defendant requests strict proof of same. 15. DENIED. This is a vague suggestion and lacks date, time and place that the call was made. Defendant requests strict proof of this allegation. 16. DENIED. This allegation is vague and does not contain a date, time and place as to when this incident occurred and where this incident occurred. 17. DENIED. Defendant cannot determine from this allegation whether it is true or not as it lacks date, time and place of event. It further does not disclose the name of Johnny Joe's employee and the official from the Lottery Commission included in the allegation. 18. DENIED. Only the Defendant had been playing the "Hot Million" instant lottery ticket game. The Plaintiff was playing a different game of chance. COUNT 1 - Breach of Contract 19. ADMITTED IN PART AND DENIED IN PART. The Answers to paragraphs 1 through 18 are incorporated herein by reference as if they were set forth at length. 20. DENIED. At no time did the parties have an agreement about splitting the winnings. This was never discussed by the parties on the afternoon of May 21st, 2013, the day of the purchase of the winning ticket. 21. ADMITTED. It is agreed that the Defendant said nothing in response to what the Plaintiff alleges that he said. 22. DENIED.The Defendant freely admitted that the ticket purchased May 21st, 2013 at Johnny Joe's was a winning ticket 23. DENIED. It was not known for certain that the ticket was million dollar winner until the ticket was verified by the Lottery Commission. 24. ADMITTED IN PART AND DENIED IN PART. The Defendant admits that he identified himself as the exclusive and sole owner of the winning ticket purchased on May 21st, 2013 at Johnny Joe's. The Defendant was not secretive about ascertaining the validity of the ticket. Defendant simply drove to the Lottery Commission, Middletown, PA, and presented the ticket for 2 authentication. There was nothing secretive about his actions; it was done during normal business hours of the Commission. 25. DENIED. The parties did not have an agreement, oral or otherwise, regarding the existence of the winning ticket. Defendant won the ticket, possessed the ticket and cashed the ticket without the necessity of saying anything to Plaintiff. 26. DENIED. This is a suggestion of an alleged oral agreement. An agreement between the parties was never established for any reason whatsoever. There was no agreement on May 21st, 2013 at Johnny Joe's. Defendant was the absolute owner of the winning lottery ticket without limitation, as an oral agreement between the parties did not exist. WHEREFORE, Defendant prays this Honorable Court will dismiss this Complaint and award to Defendant court costs and attorney fees if allowed. RESPECTFULLY SUBMITTED: DATE: July 1, 2013 47 4'4-- AMES M. BACH, ESQUIRE Attorney I.D. No. 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17055 (717) 737-2033 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 7 ' l 3 i% i / wades T. Me•h.n 3 M PRAECIPIE FOR LISTING CASE FOR JURY TRIAL N CD. TO THE PROTHONOTARY OF CUMBERLAND COUNTY CD Please list the following case for a JUrV Trial. < --------------------------------------------------------------------------------------------------------------- -------------- CAPTION OF CASE jentire caption must be stated in full] (check one) FM Civil Action—Law ❑Appeal from arbitration IRA J. SHARP (other) (Plaintiff) No. 13-3571 Civil Term VS. The trial list will be called on 9/10/2013 CHARLES THOMAS MEEHAN and (Defendant) Pretrials will be held on 9/25/2013 (Briefs are due 5 days before pretrials) Trials commence on 10/07/2013 Indicate the attorney who will try case for the party who files this praecipe: R. Mark Thomas, Esquire Indicate trial counsel for other parties if known: James M. Bach, Esquire 352 S. Sporting Hill Road Mechanicsburg, PA 17050 4% lin 0! This case is ready for trial. Signed: Print Name: R. MARK THOMAS, ESQUIRE Date: r L-31 Attorney for:-PLAINTIFF IRA SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHARLES THOMAS MEEHAN, Defendant 13-3571 CIVIL TERM RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 10th day of September, 2013, this being the time and place set for the Call of the Civil Trial List, and no parties having appeared in this matter, it is hereby stricken from the trial list. By the Court, Chris lee L. Peck, J. R Mark Thomas, Esquire For the Plaintiff '---�James M. Bach, Esquire `�cars cn For the Defendant rnrn J",} Court Administrator _ (,�t)���L � ,� ter, Prothonotary '�` s- x6 _ :vae a I 4/«f/a .�cr"1 0/11- PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY ` -Y rn4 cp - Please list the following case for a Jury Trial. '' r CAPTION OF CASE - jentire caption must be stated in fulij (check one) cr-: - J 4 ❑ Civil Action—Law n Appeal from arbitration IRA J. SHARP (other) (Plaintiff) No. 13-357( Civil Term vs. The trial list will be called on 11/12/2013 CHARLES THOMAS MEEHAN and (Defendant) Pretrials will be held on 11/27/2013 (Briefs are due 5 days before pretrials) vs. Trials commence on 12/09/2013 Indicate the attorney who will try case for the party who files this praecipe: R. MARK THOMAS, ESQUIRE Indicate trial counsel for other parties if known: 9. 7S /'�y JAMES M. BACH, ESQUIRE 7 o",1-J 352 S. SPORTING HILL ROAD q3// MECHANICSBURG, PA 17050 n A .7.(7qe This case is ready for trial. Signed: /7/4%) / Print Name: R. MARK THOMAS, ESQUIRE Date: QC,//3 e O/3 Attorney for: PLAINTIFF IRA J.SHARP :THE COURT OF COMMON PLEAS OF. :CUMBERLAND COUNTY,PENNSYLVANIA • Plaintiff . v. : NO. 2013-3571 CIVIL TERM CHARLES THOMAS MEEHAN :CIVIL ACTION—LAW Defendant PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of James M. Bach, Esquire on behalf of the Defendant, Charles Thomas Meehan,in the above captioned case. Respectfully Submitted, Dated: ///Z '/; it G ' awes M.Bach,Esquire 352 South Sporting Hill Road Mechanicsburg,PA 17050 (717)737-2033 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: . Please enter my appearance on behalf of the-Plainti k Charles Thomas Meehan, in the above captioned case. Respectfully Submitted, IRWIN&McKNIGHT,P.C. jihsp, // , Douglas !? Miller,Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle,Pennsylvania 17013-3222 (717)249-2353 Date: /(7/;1//3 m Nom'6 < 3 G -r, IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW CHARLES THOMAS MEEHAN, • Defendant : NO. 13-3571 CIVIL TERM IN RE: APPLICATION FOR SPECIAL INJUNCTION ORDER OF COURT AND NOW, this 8th day of November, 2013, upon consideration of the Plaintiff s Application for Special Injunction and after a hearing on the matter, this Court finds: (1) Plaintiff failed to establish each of the six essential prerequisites for granting preliminary injunctive relief and, in particular, failed to establish that "the injunction is necessary to prevent immediate and irreparable harm that cannot be adequately compensated by damages," Warehime v. Warehime, 860 A.2d 41, 46-47 (Pa. 2004); and (2) Plaintiff's action for damages provides an adequate remedy as any loss that may be incurred pending final adjudication will be compensable by an award of money damages. Three County Services., Inc. v. Philadelphia Inquirer, 486 A.2d 997, 1001 - 2 (Pa. Super. 1985) ("We note in this regard that the `irreparable harm' alleged by appellee is solely monetary. Ordinarily, since such a loss is fully compensable in a later action for damages, the equitable remedy of a preliminary injunction is not appropriate; it is only where a threatened monetary loss is of such a magnitude as to render an action for damages inadequate as a remedy, as where the loss threatens the existence of a business, that a preliminary injunction may be appropriate."). C-J [ 3 rn r x,c3 N c - f . --t V a.`} r n Accordingly, it is hereby ordered that Plaintiff's application is DENIED.' BY THE COURT, /1-4,1-;-6,,i' Le_ / eet< Christylee . Peck, J. ark R. Thomas, Esq. 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff es M. Bach , Esq. 352 S. Sporting Hill Road Mechanicsburg, PA 17050 Attorney for Defendant C-6/31 Ce..s Mat t_c_cL, ///i?-1/ 3 1 While we are unable to grant Plaintiff's application and enjoin Defendant from dissipating the funds at issue,we note that James M. Bach,Attorney for Defendant,pledged to this Court that"not one penny of that money will be spent." Notes of Testimony, In Re: Plaintiff's Application for Special Injunction,June 24, 2013, p. 80. 2 IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES THOMAS MEEHAN, . CIVIL ACTION - LAW Defendant 13-3571 CIVIL TERM IN RE CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 12th day of November, 2013, this being the time and place set for the Call of the Civil Trial List, and no parties having appeared on behalf of the Plaintiff or Defendant, this matter is hereby stricken from the trial list. By the Court, Christ lee Zrn a R. Mark Thomas, Esquire ter- ; For the Plaintiff '" C r` James M. Bach, Esquire ' 77 �) D car For the Defendant d - �°jes w� Prothonotary ��/ IN Ct . Admin. . pcb IL.LU~-O°F IUL PROTHONO TAR '' PRAECIPE FOR LISTING CASE FOR JLIM UkL T 3 PM 1: 20 (Must be typewritten and submitted iCt1141E } O COUNTY PENNSYLVANIA TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in full} (check one) ❑ Civil Action—Law ❑Appeal from arbitration IRA J. SHARP (other) (Plaintiff) No. 2013-3571 Civil Term vs. The trial list will be called on 01/07/2014 CHARLES THOMAS MEEHAN and (Defendant) Pretrials will be held on 01/22/2014 (Briefs are due 5 days before pretrials) vs. Trials commence on 02/03/2014 Indicate the attorney who will try case for the party who files this praecipe: R. MARK THOMAS, ESQUIRE, 101 S. MARKET ST., MECHANICSBURG, PA 17055 Indicate trial counsel for other parties if known: DOUGLAS G. MILLER, ESQUIRE WEST POMFRET PROFESSIONAL BLDG. 60 W. POMFRET ST. CARLISLE, PA 17013-3222 This case is ready for trial. Signed: . - l/Attd u Print Name: R. Mark Thomas Date: 12/13/2013 Attorney for: Plainiff 4429.n?Cl-anit 144 a9Qy " IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : CIVIL ACTION - LAW CHARLES THOMAS MEEHAN, : Defendant : 13-3571 CIVIL TERM IN RE: CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 7th day of January, 2014, this being the time and place set for the Call of the Civil Trial List, and Defendant ' s counsel, Douglas G. Miller, Esquire, having indicated this matter is not ready for trial due to outstanding discovery issues, and the parties now being in agreement that this matter shall be stricken from the trial list, this matter is hereby stricken from the trial list . Pursuant to a further agreement between the parties, it is ordered as follows : 1) Discovery shall be completed on or before March 31, 2014 ; 2) Counsel for both parties shall appear at the next Call of the Civil Trial List on April 22, 2014 ; 3) Any motions in limine shall be filed on or before May 7, 2014; 4 ) A pretrial conference shall be held on May 7, 2014; and 5) Trial in this matter shall begin on May 19, 2014 . By the Court, (IC - Christilee L. Peck, J. ' c.) a Mark Thomas, Esquire For the Plaintiff ouglas G. Miller, Esquire For the Defendant A cNci Pb Ct. Admin. haw- Pro th plAcrak. ;44 pcb 0.714CS /71,1164_, goy erl IRA J. SHARP Plaintiff THE COURT OF COMMON PLEAS OF �. : CUMBERLAND COUNTY, PENNSYJVA NIA " ' v.. : NO. 2013 - 3571 CIVIL TERM rn ;. 73 CHARLES THOMAS MEEHAN : CIVIL ACTION — LAW Defendant MOTION FOR A CONTINUANCE AND NOW, comes the Defendant, Charles Thomas Meehan, by and through his attorneys, Irwin & McKnight, P.C., and files this Motion for a Continuance, averring as follows: 1. This matter was listed for trial by the Plaintiff, and counsel for both parties appeared at the scheduled Call of the Civil Trial List on January 7, 2014. 2. At that time, the undersigned attorney for the Defendant indicated that the matter was not ready for trial because of pending discovery matters, and both legal counsel agreed to have the matter stricken from the trial list. 3. In addition, by Order of Court dated January 7, 2014, various deadlines were established by the Honorable Christylee L. Peck, including that discovery was to be completed on or before March 31, 2014. 4. The parties subsequently began to discuss dates to schedule depositions. 5. Shortly thereafter, however, Defendant became very ill and was ultimately hospitalized for a period of seven (7) days in January. 6. Although Defendant was released from the hospital, his exact illness was still undiagnosed, he was scheduled for follow up treatments and appointments with multiple specialists, and he was not released to return to work. 7. From January 2014 until on or about March 10, 2014, Defendant was disabled and not permitted to work, and was dealing with multiple doctor's visits, tests, treatments, and examinations. 8. Ultimately, Defendant was diagnosed with a rare, life - threatening blood infection, the source of which is still unknown. 9. Due to the serious nature of Defendant's illness, Defendant and his attorneys were not able to meet or work together in preparation for the upcoming trial, and Defendant was not able to participate in any depositions. 10. The parties did recently conduct the deposition of Defendant on Monday, March 24, 2014, and initial written requests for Interrogatories have also recently been served upon Plaintiffs counsel. 11. Based upon the above, Defendant is requesting that the trial be rescheduled from May 19, 2014, until the following trial term on July 14, 2014. 12. Defendant is also requesting that the associated deadlines for discovery, motion in limine, and a pretrial conference also be rescheduled accordingly. 13. The undersigned contacted opposing counsel to request concurrence and the Plaintiff's attorney has indicated that he would not be in agreement with this request for a continuance of the trial. 14. Defendant has not previously filed a Motion for Continuance in this matter. WHEREFORE, the Defendant, Charles Thomas Meehan, submits this Motion in accordance with Pa.R.Civ.P. No. 216 and respectfully requests that the previously, scheduled 2 deadlines in this matter be extended and that trial in this matter be rescheduled for the trial term beginning July 14, 2014. By: Date: March 31, 2014 3 Respectfully Submitted, IRWIN & McKNIGHT, P.C. VA412/ Douglas I.. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249 -2353 Attorney for Defendant VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: March 31, 2014 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: R. MARK THOMAS, ESQUIRE 101 SOUTH MARKET STREET MECHANICSBURG, PA 17050 Date: March 31, 2014 IRWIN & McKNIGHT, P.C. Do g as Gil Miller, squire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW CHARLES THOMAS MEEHAN, Defendant : NO. 13-3571 CIVIL TERM IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 10th day of April, 2014, upon consideration of Defendant's Motion for Continuance, and following a telephone conference with counsel on April 9, 2014, the motion is granted and this case is continued to the July 14, 2014 Civil Trial Term, and the parties are directed to appear for a pretrial on July 2, 2014. It is noted that this will be the last continuance for any reason in this matter. It is further directed that any further continuance motions shall be heard before the Honorable Christylee L. Peck. Mark R. Thomas, Esq. 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff Douglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Court Administrator 1,1-/O-itt :rc yatLcL jfYJ YfisoP BY THE COURT, Christylee . Peck, J. IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES THOMAS MEEHAN, Defendant • • • • • • • CIVIL ACTION - LAW 2013-3571 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 2nd day of July, 2014, this being the time and place set for a pretrial conference, the parties having indicated that this matter is ready for trial and that it will last approximately one day to a day and a half, jury selection shall commence on Monday, July 14, 2014, at 10:00 a.m. Trial in this matter shall commence on Tuesday, July 15, 2014, at 1:30 p.m. All motions in limine shall be filed by the close of business on Wednesday, July 9, 2014. All proposed jury instructions shall be filed with this Court by the close of business on Friday, July 11, 2014. The parties are requested to provide courtesy copies of any motions and jury instructions directly to the chambers that will be trying this matter. It is noted at this time that counsel on behalf of Plaintiff has indicated that he intends to file two motions. By the Court, Christylee L. Peck, J. C) R. Mark Thomas, Esquire For the Plaintiff c- Douglas G. Miller, Esquire co r- r For the Defendant r....-2: CO c Q pcbrj 35. erg --? no -.;_ oa CD F-_ IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-3571 CIVIL TERM ( r C.: CHARLES THOMAS MEEHAN, : CIVIL ACTION — LAW r`' m = Defendant 7-__ ' � v o W - C- t`:) — PLAINTIFF'S PRE-TRIAL MOTION -.2 1. At trial, plaintiff will have the burden of proof to establish the existence of an n -- enforceable verbal agreement against defendant. 2. Other than the testimony of the parties themselves, there is no direct evidence of an agreement. 3. The credibility of the parties will in large part determine the outcome of the case. 4. In response to a written interrogatory from defendant, plaintiff advised that plaintiff was a party in several prior court cases. Those cases were as follows: i. Divorce in Cumberland County ii. File date 6/23/09 a) PennWaste, Inc, York, PA v. Ira J. Sharp, Jr., 11 Raspberry Dr., Mechanicsburg, PA b) Mag. District Ct 09-03-04, Magistrate Silcox, Docket # CV -0322-2009 c) Claim for payment for waste removal services. Payment made prior to hearing date. iii. File date 4/27/11 a) PennWaste, Inc, York, PA v. Ira J. Sharp, Jr., 11 Raspberry Dr., Mechanicsburg, PA b) Mag. District Ct 09-03-04, Docket # CV -0252-2011 c) Claim for payment for waste removal services. Payment made prior to hearing date. iv. File date 11/20/13 a) PennWaste, Inc, York, PA v. Ira J. Sharp, Jr., 11 Raspberry Dr., Mechanicsburg, PA b) Mag. District Ct 09-03-04, Docket # CV -0406-2013 c) Claim for payment for waste removal services. Payment made prior to hearing date. v. File date 5/19/09 a) Silver Spring Twp Authority, 31 E. Main Street, New Kingston, PA v. Ira J. Sharp, 11 Raspberry Dr., Mechanicsburg, PA b) Cumberland County Court of Common Pleas, No. 09-3179 MLD c) Unpaid sewer bill (4 A) The township filed a Writ of Scire Facias at No 09-3773. vi. File date 10/18/10 a) Moffitt Heart & Vascular Group v. Ira J. Sharp b) Magisterial District Court 09-1-03 c) Collection of o/s medical bills — parties agreed to a compromise- case settled w/o a hearing. 5. Plaintiff seeks to preclude defendant from introducing evidence of plaintiff's participation in these cases, either in cross-examination of plaintiff, or in defendant's case -in - chief. 6. This evidence is not probative evidence on any relevant issues involved in this case and the potential prejudicial impact to my client of this evidence would outweigh the probative value, if any, that this evidence would serve. WHEREFORE, plaintiff prays this honorable court will issue a pretrial order precluding defendant from introducing evidence of the prior cases in which plaintiff was a party. Respectfully submitted, R. ark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by hand -delivering of the same at the following address: Date:" ��v ! , 2014 Douglas G. Miller, Esquire Law Office of Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013-3222 R. Mark Thomas, Esquire IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CHARLES THOMAS MEEHAN, Defendant • • • • • CIVIL ACTION - LAW 13-3571 CIVIL TERM IN RE: PLAINTIFF'S PRE-TRIAL MOTION ORDER OF COURT AND NOW, this 14th day of July, 2014, this being the time and place set for a hearing for Plaintiff's Pre -Trial Motion in the form of a motion in limine to keep out certain evidence of civil matters filed against the Plaintiff, and following argument by both counsel, Plaintiff's Pre -Trial Motion is hereby granted to the extent that neither party shall bring up any of the civil matters contained in the Plaintiff's pre-trial written motion without further order of Court. If the Plaintiff puts any of those points at issue, Defendant may then ask for a side bar or a recess to again re -argue whether or not those civil cases may become relevant at that time. By the Court, gate__ Christylee L. Peck, J. X. Mark Thomas, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendant pcb Co p ,�5 .'.,•Lirt, 7hr/iv C) ,r IRA J. SHARP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVILACTION — LAW CHARLES THOMAS MEEHAN, Defendant : NO. 13-3571 CIVIL TERM VERDICT Question 1: Do you find there was valid contract between the parties? Yes No. If your answer to Question No. 1 is "Yes," please proceed to Question No. 2. If your answer to Question No. 1 is "No,", stop. Question 2: Do you find that the efendant Charles Thomas Meehan breached the contract with Plaintiff? Yes No If your answer to Question No. 2 is "Yes,", please proceed to Question No. 3. If your answer to Question No. 2, is "No,", stop. Question 3: If you answer to Question No. 2 is "Yes,", state the amount of damages, if any;, due to the Plaintiff. 0;1id; 026 // (Da e) $ 506, ODD dor oreperson) IRA J. SHARP ---- V S ---- CHARLES THOMAS MEEHAN In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2013-3571 Judge: PECK /� Attorney: 1C Ila rk 7-Zama f Attorney: 1 2 L et_s- G- mo i! ie/ Date: `7 % 1 . / 4% JURORS No. `Juror # NAMES OF JURORS CALLED CAUSE P D 1 11111011111111111111111111111111111II JIJL14-467 CUNNINGHAM, AMY M 3 IIIYII1011111111111111111101111111111 JUL14-98 PURDOM, AMANDA S 4 1111111 IIIIIIIII11111111111111111111111 JUL14-214 HEERMANS-BOOTH, ANN 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JUL14-113 MILLER„ JR ALLEN E 6 1111111111111111111101111111111111111111 JUL14-446 HAUSER, DANIEL C 7 1111111111111111111111111111111111111111 J1.JL14-500 LENTZ, KELLY E * r X -r I 11 IIIUIIIIIIIIIIIIIIIIIIIIIIIIl1IIIIIIIu JUL14-399 HEWITT, CHRISTINE A 5 13 1 11 1111 11111 11111 1111 1 1111111111 1111 11 11 JUL14-48 SHINDLE, PERRY R 14 i 11 1111 11111 11111 11 111 11111 11111 i ill 1111 JUL14-483 DANLEY, SHANNON NI 15 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIn JUL14-403 WINN, ALEXANDER R - ., •. 17 1111111111II111111111011111IIIIIIIIl JUL14-316 BLACKABOLINS, JENNIFER L . 19 IIInlI101111111011111111111111111111 JUL14-309 SNYDER, JEFFREY D 20 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL JUL14-355 MILES, JOSHUA T Irl u' tiiin Illlllllllllllllllllllllllnnunun -�tr�5.-- 1 9INL -WILLI L��i ICLI A E W 22 1 111111 11111 11111 11111 11111 111111101111 JUL14-188 PECHART, DENNIS M • IRA J. SHARP CHARLES THOMAS MEEHAN In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2013-3571 Judge: PECK Attorney: Attorney: Date: JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 Jinni III II I OO 1010 illi 11111 JUL14-189 YINGST, KRISTINE P 24 11I1111ion 11111111111111111111liII Ill JULI 4-139 ARMSTRONG, ASHLEY A 2 5 111111111111 1111111111 1111111111111111 11 JUL14-161 GOODHART, JOY E 26 1111111111111111111111111111111111111lii JUL14-99 CICCOLINISEMDER, ALEXIS L 2'7 1111111111111111111111111111111111111111 JUL14-246 FOWLER, CHRISTA J 28 JUL14-33 I. , 29 11111111011111 11111 111 1110101 JUL14-19 TAYLOR, TONI A 30 IIIIIIIIIIIIIIIIIIIIII111111111111111111 JUL14-306 MILLER, MATTHEW L 'I U► 0 DU 32 III 01111111111111111111111111111111 l 0 JUL14-18 MILLS, JAIME J 33 111111 Ii011111III 11011111111111111ii JUL14-84 PERRY, KASEY J 34 11111111111111111111111111111111I111110 JUL14-151 STONE, ROBERT L 35 IIIIIIIIIIIIIIIIIIl1111111111111111111ii JUL14-61 SWAB, LAUREN E 36 37 38 39 40 41 42 43 44 IRA J. SHARP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C -v 3 • • CIVIL ACTION - LAW Z' te r- CHARLES THOMAS MEEHAN,• 1— Ivy Defendant 13-3571 CIVIL TERM -<' �° ` IN RE: VERDICT RECORDED Z a ORDER OF COURT -4 ▪ -:k=" AND NOW, this 16th day of July, 2014, this being the time and place set for a jury trial, and the jury having returned the verdict that there was a valid contract between the parties, that the Defendant, Charles Thomas Meehan, breached the contract with the Plaintiff, and that they accordingly awarded damages in the amount of $500,000 to the Plaintiff, the verdict for the Plaintiff is hereby recorded and judgment is issued against the Defendant in the amount of $500,000. Defense counsel having moved for a molded verdict to reflect that the Defendant has already made certain tax payments on the one million dollar lottery ticket, and having accordingly requested a molded verdict to reflect that he believes that the entire amount of $500,000 should not be due to the Plaintiff, and the Plaintiff having objected to that and having indicated that he believes that $500,000 should be owed to the Plaintiff, it is ordered and directed that the parties are to submit within 10 days of the date of this Order any memorandums of law with legal authority in support of both of their positions, and any supporting documentation that supports their respective positions, and proposed orders and the specific amount of damages that they are asking that this. Court award as a molded verdict of the damages. This Court will thereafter determine and enter an order accordingly. By the Court, XMark Thomas, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendant pcb eo '£.S 21 . Lext- $fry IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW CHARLES THOMAS MEEHAN, Defendant : NO. 13-3571 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of August, 2014, upon consideration of Defendant's oral motion for a molded verdict following the jury verdict in favor of Plaintiff, and this Court allowing both parties to submit briefs in support of their positions regarding whether to mold the verdict, and the Court having received no such documents from Defendant within the 10 -day deadline, the motion for a molded verdict is hereby denied and judgment in favor of the Plaintiff in the amount of $500,000.00 is recorded as final. BY THE COURT, !Mark R. Thomas, Esq. 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff 4ouglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc /9.ec Christylee L. Peck, J. 7-3 C) ) IRA J. SHARP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-3571 CIVIL TERM CHARLES THOMAS MEEHAN, : CIVIL ACTION — LAW Defendant rnPnrFri - r— cri <c: -o cD-11 cD PRAECIPE TO SETTLE AND DISCONTINUE • To the Prothonotary: Kindly mark the above -captioned case as settled and discontinued on behalf of the Plaintiff. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100