Penn. woman sues for share of winning lottery ticket

Mar 30, 2006, 2:24 pm (38 comments)

Pennsylvania Lottery

A New Salem woman wants a Fayette County judge to stop her former roommate from cashing a $1 million winning instant lottery ticket because she believes the money should be shared.

In a suit filed by attorney Samuel Davis, Yvonne Evans claimed it was her debit card used to pay for the $20 winning scratch-off ticket on which her roommate Mary Rechichar won the seven-figure prize.

Rechichar called Evans from Dan's Marathon Gas Station in Republic, where Rechichar worked, to ask Evans for the money on March 11. When she called Evans, Rechichar already had scratched off the ticket and knew it was worth $1 million, the suit alleged.

Rechichar called Evans and told her, "We won a million bucks," according to the suit. Davis said the "we" part of the statement and the fact that the women had treated past lottery winnings as joint, entitles Evans to half of the money.

Davis said that the account the money came from was a joint one, but noted that it was Evans' bank card that was used to pay for the $275 Million Cash Extravaganza scratch-off ticket. The suit indicated that Evans has the receipt from that transaction.

The women were "friends who shared a residence together," Davis wrote in the suit. They shared bills and played the lottery together on a daily basis, which included buying scratch-off tickets. Because the daily lottery play was a joint venture, the women agreed to split the winnings, the suit alleged.

On March 13, the suit stated that the women mailed the winning ticket claim to the Pennsylvania Lottery Commission to collect their winnings. Rechichar has since moved out of their home, and on March 20, told Evans she would not split the winnings with her, the suit claimed. The suit called the refusal "mean-spirited."

"The lottery winnings in question are of the utmost value to the plaintiff, inasmuch as they represent a total yet-to-be-paid amount of $500,000 and (Evans) cannot possibly in her foreseeable future earn or replace such a tidy treasure," Davis wrote.

In a Wednesday filing, he asked a judge to issue an injunction prohibiting Rechichar from cashing or spending any of the winnings, arguing that Evans is entitled to half of the $1 million prize.

According to the Web site for the Pennsylvania Lottery, the odds of winning the $1 million prize in the $275 Million Cash Extravaganza game are 1 in 960,000.

The site describes the game as the state's "largest instant game payout ever." Players must match their numbers with the ticket's listed winning numbers. If that happens, the player wins the prize listed under the matching number, the site description indicated.

Herald Standard

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nobie23's avatarnobie23

I thought you had to pay for lottery tickets with cash. I know that a debit card  purchase is suppose to come right out of your bank account but still shouldn't the store that sold the scratch-off  ticket get in trouble???

Todd's avatarTodd

I thought you had to pay for lottery tickets with cash. I know that a debit card  purchase is suppose to come right out of your bank account but still shouldn't the store that sold the scratch-off  ticket get in trouble???

It varies by state.  Some states have rules about only using cash, others don't.

HiYoSilver

Here we go again.

KY Floyd's avatarKY Floyd

I thought you had to pay for lottery tickets with cash. I know that a debit card  purchase is suppose to come right out of your bank account but still shouldn't the store that sold the scratch-off  ticket get in trouble???

It varies by state.  Some states have rules about only using cash, others don't.

There are plenty of rules about not using credit cards to buy lottery tickets, but that's different than requiring purchases to be paid in cash. The only restrictions I've seen have only prohibited the use of credit cards, but I certainly don't know the specific rules for each state. Pennsylvania prohibits the purchase of tickets with credit cards,  but debit cards are allowed. I would assume checks are also okay.

As a practical matter, since the woman who bought the ticket worked at the store she could have used a credit card if she'd wanted to, and except for the meddlesome roommate nobody would ever have needed to know.  It certainly would have a humorous side if using debit cards was prohibited and by bringing the lawsuit she made the ticket worthless.

bluedog's avatarbluedog

Well folks
here we go again we just have to sit back and see how this one turns out in court.
Never fails it seems to happen every time money is involved!

Shaggy's avatarShaggy

I live in Pennsylvania and when I tried to pay for lottery tickets one time with my debit card, they would not accept it for payment. When I asked why not the clerk said it was against the law in PA.

rdc137

It is not against the law in PA. It's the store's policy or the clerk's misunderstanding. Most stores REQUIRE cash for tickets, which for lottery is probably a smart move anyway.

jeffrey's avatarjeffrey

If a woman who left her husband but didn't divorce him can claim half, then domestic partners should be treated the same by the law.

s5thomps's avatars5thomps

I think that if they split smaller winnings in the past, then this million dollar win should be no different.  I wonder if it was Ms. Evans that  won if  Ms Rechichar would have expected her to split the money? (We all know the answer to that question) Anyway I think she should do the right thing and split the prize money.  I am willing to bet if she is able to keep the money to herself that she will be broke within a year anyway. I believe in Karma and what goes around will most certainly come around.  Good luck Ms. Evans and don't let this unfortunate occurrence break your spirit, Your day will come!

LOTTOMIKE's avatarLOTTOMIKE

it seems like this is happening more and more often.....

rdc137

In a word: greed.

NewClub

I wonder if lawyer fee is tax deductable against the winning in this matter.

whitmansm2's avatarwhitmansm2

In KS, as far as Clerks and Stores are concerned, you can use a debt or a credit card.  Some stores have told me it's illegal to do it with a CC some just ask "Debt or Credit"  I normally just use my debt card (has a visa logo).

 As for this story, she had no problem sharing a few dollars here and there, but GOD FORBID she wims big and has to share.

Karma!  Look what happened to whasshisface!!!  He throws away a jackpot, a dumpster diver finds it, dumb@ss sues.....AND DIES!  (whatever happened to that story?)  The man was already weathy!!!!

Karma!  It does come back on you!

rundown99's avatarrundown99

Another lesson of life:

 

 

BUY LOTTERY TICKETS ALONE !!!

Michael E. Port's avatarMichael E. Port

I can't believe what I'm reading. If what this says is true: "Rechichar called Evans and told her, "We won a million bucks," according to the suit. Davis said the "we" part of the statement and the fact that the women had treated past lottery winnings as joint, entitles Evans to half of the money."

And they shared a joint checking account, then it seems to me that she does owe her partner half the winnings.

Doesn't anyone realize that it would be cheaper to split the winnings, rather than pay an attorney and the court cost? Neither of them will end up with anything.

TheGameGrl's avatarTheGameGrl

Direct from the PA LOTTERY Q&A Page

Q: Can a player use a credit card to purchase lottery tickets?

 

A:The Lottery considers an individual’s purchase of Lottery products as discretional, and solicits prudent spending behavior only, while discouraging any practice that encourages or facilitates compulsive behavior, such as playing beyond one’s means.

The Pennsylvania Lottery does not endorse retailer acceptance of credit cards for the purchase of Lottery tickets. This is a decision the individual retailer must make on a policy basis or on a case by case basis as each particular situation occurs, considering such factors, among others, the size of the ticket purchase, or whether the Lottery tickets are part of a larger purchase.

Retailers are reminded that the Pennsylvania Lottery does not allow any deduction from the payment due the Lottery for costs of credit card processing or fees and that the Lottery considers a ticket tendered to a purchaser as a sale for which payment is due the Pennsylvania Lottery.

------------------------------------------

My personal take is that PA Lottery doesn'tnecssarily endorse it but it doesnt outright forbid it either. There are circumstances where business's purchase bulk quantity instants for its employees  or for give away events, whereby they would use the company credit card to make payment. PA Lottery does run a program for business's to bring incentives .

KY Floyd's avatarKY Floyd

Apparently even the Pennsylvania Lottery department is confused about the matter:

The sale of Lottery tickets on "credit cards" is specifically prohibited by the Lottery Law; however, the use of debit cards is permitted. A retailer should accept a debit card since it is the same as cash, given that the money is immediately debited from your account.

http://www.palottery.state.pa.us/lottery/cwp/view.asp?A=1089&Q=478683

That page also says "Content Last Modified on 6/4/2003". Perhaps it's an outdated page that hasn't been removed, but the bit about the lottery law suggests it would take more than a simple policy change to allow the use of credit cards.

justxploring's avatarjustxploring

Debit and credit cards aren't the same according to the Federal Government either.  To the best of my knowledge, the Fair Credit Act was never modified to cover debit cards and therefore does not protect people from fraud or theft.  The law limiting liability to $50 per card doesn't apply to a checkcard. I don't know why a retailer would accept a debit card for a lottery ticket purchase unless it was a large one. How much do they profit from the sale of a ticket? Retailers are charged a fee for all card transactions, whether debit or credit, although debit fees are lower. Obviously the store in PA did accept a debit card, but I'm surprised. At first I thought that perhaps it was used at the store's ATM and then the ticket was purchased with the money. I've worked at stores that will only take cash for small purchases because they screw up their discount rate. A company gets billed a discount rate and a transaction fee and they are based on monthly volume and average sale. For example, a store that sells furniture where most transactions are over $1,000 will have a better rate than a store where the average purchase is $10. For this reason, I think using a credit card for lottery purchases would be discouraged by most retailers.

Regarding the lawsuit, if they shared a checking account they were more than roommates! So I agree this is a case of greed and the prize should be split.

SassyOhio's avatarSassyOhio

I think that if they split smaller winnings in the past, then this million dollar win should be no different.  I wonder if it was Ms. Evans that  won if  Ms Rechichar would have expected her to split the money? (We all know the answer to that question) Anyway I think she should do the right thing and split the prize money.  I am willing to bet if she is able to keep the money to herself that she will be broke within a year anyway. I believe in Karma and what goes around will most certainly come around.  Good luck Ms. Evans and don't let this unfortunate occurrence break your spirit, Your day will come!

I Agree!  That is what I think as well, Karma is a BIG thing in this life whether or not peeps wanna believe it and she will get it back 10 times foldfor being greedy.  Keep your spirits up!!!!!

CASH Only

For all the criticism I give PA over Unlucky for Life, at least their million-dollar scratches are lump sum. Something NY needs to do.

libra926

I can’t believe what I’m reading. If what this says is true: “Rechichar called Evans and told her, "We won a million bucks," according to the suit. Davis said the "we" part of the statement and the fact that the women had treated past lottery winnings as joint, entitles Evans to half of the money.”

And they shared a joint checking account, then it seems to me that she does owe her partner half the winnings.

Doesn’t anyone realize that it would be cheaper to split the winnings, rather than pay an attorney and the court cost? Neither of them will end up with anything.

Happy Saturday...." Michael"...4/1/2006

oh yes, I couldn't agree w/you more, in fact, as far as I am concerned, if someone uses your "debit card aand lives w/you" then tells you what they purchased and that "we" just won anything....I don't care what we just won, the mere fact that "my debit card" was used automatically entitles me to something more than just the receipt....lololololo

And as someone mentioned earlier, this is another lesson learned. When you stop and think of all the scenarios that have been played out and exposed on the LP Board, it's mind boggling. My advice on this particluar scenario......just give your roommate her half of the gold nugget and settle it.  When the "Blood sucking leeches" get invovled there will be nothing left to have or share....it's not worth going to Court over......really.......

DoubleDown

Greed can make quite a ruckus, huh ?

Just like the Lottery Pool players that try to sneak the winning tix to themselves.

They remind me of the gangsters that pull a heist with several accomplices, then systematically make them disappear so they can keep the $$ to themselves.

Greed .

justxploring's avatarjustxploring

At first I agreed with everyone who said they should split the money. (I still do.) But I began to think about a personal situation I went through back in the 80s called a divorce! When we met many years earlier he had very bad credit. When we first moved in together I had to sign the apartment lease and finance the furniture and cars. Every credit card was in my name. Although we had separate checking accounts, I did put all of MY savings into a joint CD.  I didn't want to go through a long battle, and the money I needed to live was all tied up, so we settled out of court, although my lawyer was very upset with me since, without getting too specific, it was my money - not his. I'm not talking about a huge sum of money but the concept is still the same. He even wanted 1/2 of my 401K which in the early 80s was very small anyway. I cared about him because he wasn't a terrible person, just had some crazy idea that our marriage gave me a better lifestyle, since together we could afford a much nicer apartment and we took some nice Caribbean vacations. Anyway, I'm skipping some details so this won't be long & boring, but we had been talking about splitting for a long time and just before I moved out, I won a small malpractice suit.  My lawyer got 1/3 and then my husband wanted 1/3.  20 years later I wish I could go back to the day I got that call from my attorney and jumped up and said "Honey, we got an offer!" I never figured he'd think that he deserved to be paid for living with me! So we can judge people we read about all we want, but we only know what the newspaper articles are revealing, not necessarily all the facts.

Saleo Paleo's avatarSaleo Paleo

I think she will win her lawsuite,It was her debit card that was used to purchase it,that is if she has the proof of it.

acronym007

Another lesson of life:

 

 

BUY LOTTERY TICKETS ALONE !!!

MY THOUGHTS EXACTY!!!!!

I don't play in any pools at work or anywhere else, I have told all of my family members I would not give them a penny if I ever won, and I don't buy tickets for anyone but myself nor do I ask anyone to buy for me. Seems like a great way to play now with all of this balony. You all can play in pools if you want, not me and I do not recommend it for anyone. Even if the person or people you play with are great people there is one greedy lawyer willing to mess things up. That is not saying that all laywers are greedy but you only need one to contaminate the entire pool. Play safe, play alone. That's my new lotto motto!!! LOL. Cheers,

 

Acro

libra926

Greed can make quite a ruckus, huh ?

Just like the Lottery Pool players that try to sneak the winning tix to themselves.

They remind me of the gangsters that pull a heist with several accomplices, then systematically make them disappear so they can keep the $$ to themselves.

Greed .

And HAPPY SUNDAY TO YOU MY FRIEND "DD"......4/2/2006

Always look forward to hearing from you, as you are one of my favorite posters.....and I do concurr......

I Agree!

libra926

At first I agreed with everyone who said they should split the money. (I still do.) But I began to think about a personal situation I went through back in the 80s called a divorce! When we met many years earlier he had very bad credit. When we first moved in together I had to sign the apartment lease and finance the furniture and cars. Every credit card was in my name. Although we had separate checking accounts, I did put all of MY savings into a joint CD.  I didn't want to go through a long battle, and the money I needed to live was all tied up, so we settled out of court, although my lawyer was very upset with me since, without getting too specific, it was my money - not his. I'm not talking about a huge sum of money but the concept is still the same. He even wanted 1/2 of my 401K which in the early 80s was very small anyway. I cared about him because he wasn't a terrible person, just had some crazy idea that our marriage gave me a better lifestyle, since together we could afford a much nicer apartment and we took some nice Caribbean vacations. Anyway, I'm skipping some details so this won't be long & boring, but we had been talking about splitting for a long time and just before I moved out, I won a small malpractice suit.  My lawyer got 1/3 and then my husband wanted 1/3.  20 years later I wish I could go back to the day I got that call from my attorney and jumped up and said "Honey, we got an offer!" I never figured he'd think that he deserved to be paid for living with me! So we can judge people we read about all we want, but we only know what the newspaper articles are revealing, not necessarily all the facts.

HAPPY SUNDAY...."JUST"

I heartedly appreciate and respect your past situation, and in a mnner of speaking, if I may say so that young man was a deadbeat. He used you to make his life better. And, didn't actually deserve anything from the divorce, outside of 'his copies of the divorce papers.  But, this story is different. And, even the woman who purchased, what turned out to be the winnning ticket, knew that.  She used her roomates "debit card" to purchase the ticket, which essentially means, she used her friends money to make this purchase. And, even called her to acknowledge it. Making it clear, that "we" just hit the jackpot.  Why it turned out so ugly, we may never know the whole story behind that, but I see this matter as clear cut. If the roomate had no intention of sharing the prize, she should have kept her mouth shut, claimed the money, and thrown away the reciept that the clerk gave her.  As it was "debited money" her roomate would have never known.

libra926

Another lesson of life:

 

 

BUY LOTTERY TICKETS ALONE !!!

MY THOUGHTS EXACTY!!!!!

I don't play in any pools at work or anywhere else, I have told all of my family members I would not give them a penny if I ever won, and I don't buy tickets for anyone but myself nor do I ask anyone to buy for me. Seems like a great way to play now with all of this balony. You all can play in pools if you want, not me and I do not recommend it for anyone. Even if the person or people you play with are great people there is one greedy lawyer willing to mess things up. That is not saying that all laywers are greedy but you only need one to contaminate the entire pool. Play safe, play alone. That's my new lotto motto!!! LOL. Cheers,

 

Acro

HAPPY SUNDAY "ACRO"...4/2/2006

"I have told all of my family members I would not give them a penny if I ever won, "

now, ACRO....isn't  that some what antagonistic and selfish?...Don't you have a loving relationship w/anyone in your family.....maybe your Brother or sister, or a Cousin?? anyone??

justxploring's avatarjustxploring

" I heartedly appreciate and respect your past situation, and in a mnner of speaking, if I may say so that young man was a deadbeat. He used you to make his life better. And, didn't actually deserve anything from the divorce, outside of 'his copies of the divorce papers. "

 

Hi, Libra!  I probably shouldn't have posted that personal story, because there's a lot more to it, which is what I was trying to say about the article. We were both young and foolish, although I was much more responsible with money. (most people were) He did work, but we spent a lot on partying and travel. Actually this "deadbeat" became a very successful businessman after we broke up. (go figure!) I didn't even know what happened to him until I read some articles online 20 years later. (so don't ever play around with names on Google..ya never know what you'll find!)  A couple of years ago I worked for a company that processed car loans. There weren't enough hours in the day to call the thousands of people who applied online, and most of them had horrible credit and were happy to get 24% interest. I understand what it's like to get into a rut (I'm in one now!) but some of these people had high incomes (some were 6 figures) yet they had $50,000 in credit card debt and wanted to finance a BMW.  That's when I really learned that being irresponsible with finances is very common in this society.  Some people have no choice and just run into some bad luck, a layoff or illness, but others just "live for today" and don't do the math. Anyway, if what we are reading about this situation is true, then I agree the roommate deserves half, especially since I would have been in her predicament!! LOL

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