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IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
SUNDANCE VACATIONS, INC.,
Plaintiff,
v.
ALBERT WHITEHEAD,
Defendant.
NO. 12-CIV-8006
fO
PLAINTIFF SUNDANCE VACATIONS, INC.'S PETITION
FOR PRELIMINARY INJUNCTION
Pursuant to Rule 153 1 of the Pennsylvania Rules of Civil Procedure,
and on the basis of the verified Complaint in this matter and the attached
Affidavits of John Dowd (Exhibit "A") and Dennis Cheng (Exhibit "B"), Plaintiff
Sundance Vacations, Inc. ("Sundance Vacations") seeks preliminary injunctive
relief enforcing the terms of the Settlement Agreement dated February 6, 2007
and, in support thereof, states the following:
1. This action arises out of the flagrant, contemptuous and
continuing breach by Defendant Albert Whitehead of his contractual obligation to
refrain from posting disparaging messages concerning Sundance Vacations on any
internet site or in any way disparaging Sundance Vacations.
2. In order to settle a defamation claim asserted by Sundance
Vacations in the United States District Court for the Eastern District of
Pennsylvania in connection with Mr. Whitehead's anonymous online posts, Mr.
Whitehead agreed that on February 6, 2007 he would not write, construct or post
or cause, assist or encourage any others to write, construct or post any messages in
any public or private forum that in any way reference Sundance Vacations. A true
and correct copy of the Settlement Agreement dated February 6, 2007 is attached
as Exhibit "C."
3. In connection with the settlement, Mr. Whitehead admitted that
he has no information that might in any way suggest that Sundance Vacations
engaged in fraudulent, misleading or deceptive practices and that the disparaging
statements that he made concerning Sundance Vacations on various internet sites
were not true. (See Declaration of Albert Whitehead (attached to Settlement
Agreement as Exhibit "A") ff 4-5.) The Declaration that Mr. Whitehead signed
under penalty of perjury pursuant to 28 U.S.C. § 1746 states in pertinent part:
I was never employed by Sundance Vacations, Inc.,
never had a membership in Sundance Vacations, Inc. and
never attended a sales presentation at Sundance
Vacations, Inc. I therefore have no personal knowledge
concerning the sales presentations at Sundance
Vacations, Inc. which were the subject of my postings.
Nor do I have personal knowledge or information
suggesting that Sundance Vacations, Inc. has engaged in
or is engaging in fraudulent, misleading, deceptive or
pressure-filled sales presentations.
(14)
4. As part of the settlement, Mr. Whitehead agreed that he would
take all reasonable and necessary steps to remove the posts that he made and that
injunctive relief would be appropriate to remedy any violations of the Settlement
Agreement. (See Declaration of Albert Whitehead fflf 9- 1 0.)
5. Further, Mr. Whitehead agreed that he would never again post
in any public forum any messages concerning Sundance Vacations. The
Settlement Agreement states in pertinent part:
Whitehead agrees that he will not write, construct or
post, or cause, assist or encourage others to write,
construct or post, any e-mails, correspondence or
electronic messages on any website, message board,
forum, chat room or other viewable form on the World
Wide Web, Usenet, e-mail list server or other area of the
internet which mentions directly or indirectly, or by
inference, parody or play on words, Sundance Vacations
.... Whitehead further covenants and agrees that the
obligations set forth in this paragraph and the Affidavit
attached hereto as Exhibit "A" are a material inducement
for Sundance Vacations ... to enter into this Agreement
and are intended to become part of the consideration for
this Agreement. In the event of any breach by
Whitehead of any of the obligations set forth in this
paragraph or the Affidavit attached hereto as Exhibit
"A," the offended party may seek to enforce this
Agreement and recover damages caused by the breach . .
. or may institute a separate legal proceeding to recover
damages and other appropriate relief. . . .
(See Settlement Agreement % 1 .)
6. In addition, Mr. Whitehead agreed that he would not make any
statements in any medium that in any way disparage Sundance Vacations. The
Settlement Agreement states in pertinent part:
Whitehead further agrees not to make any comments or
statements, orally or in writing, in any medium, to any
third parties, or to take any other action which might be
deemed retaliatory or which could reasonably be
construed to adversely affect and/or disparage the
personal and/or business reputation of Sundance
Vacations ... or any of their employees, agents,
representatives or affiliates ....
(See Settlement Agreement f 9.)
7. Mr. Whitehead has breached and continues to breach his
obligations under the Settlement Agreement by administering a Facebook page
called "Boycott Sundance Vacations" and by posting and sending disparaging
communications to regulators and business partners of Sundance Vacations. In
each case, Mr. Whitehead uses assumed names or pseudonyms to disguise his
identity.
8. "Boycott Sundance Vacations" is a page that is viewable by the
public on the Facebook platform. As its name suggests, the page is dedicated to
encouraging customers and business associates of Sundance Vacations to cease
doing business with the company. Among other things, the "Boycott" page
publishes false representations concerning the products offered by Sundance
Vacations and advises readers not to do business with the company.
9. The limited discovery conducted to date establishes that Mr.
Whitehead is administering the "Boycott" page.
10. On or about July 12, 2012, Sundance Vacations served a
subpoena duces tecum upon Verizon Communications, Inc. ("Verizon") to compel
the production of Internet Protocol addresses1 ("IP addresses") and session logs
associated with internet service at Mr. Whitehead's home at 842 N. 27th Street,
Philadelphia, Pennsylvania. In response, Verizon identified the specific IP
addresses assigned to the Whitehead home and the period of time covered by each
assignment. (True and correct copies of the subpoena and response thereto are
attached as Exhibits "D" and "E," respectively.)
1 1 . The IP session logs produced by Verizon confirm that the
administrator of the "Boycott" page communicated with a customer of Sundance
Vacations through email messages sent from Mr. Whitehead's home.
12. Specifically, the "Boycott" administrator, using the name "John
Flannagan" and an AOL email account in the name "JohnFOSOS 1 (gtaol.com."
sent an email to the Sundance Vacations customer on August 24, 201 1 at 10:46:41
(EDT). In the email, the "Boycott" administrator made disparaging and untrue
statements concerning the Sundance Vacations product that the customer
purchased and encouraged the customer to cancel her membership. (A true and
1 IP addresses are unique numerical identifiers assigned to devices participating in a
computer network. Most business networks and servers use fixed, assigned IP addresses that are
easily traceable. Most consumers and home internet access is brokered via dynamic IP addresses
issued by Internet Service Providers ("ISP"). While also unique at any specific moment,
dynamically leased IP addresses assigned to users can change over time. In these situations, the
ISP can associate a subscriber to an IP address during any particular period. (Cheng Aff. 1 5.)
6
correct copy of the email message is attached as Exhibit "F.")
13. The "Boycott" administrator followed up with an email
message dated September 16, 2011 at 17:35:46 (EDT) again offering to assist her
in canceling her membership and asking her to "spread the word amongst your
family, friends, co-workers and other associates." (A true and correct copy of the
email message is attached as Exhibit "G.")
14. As the chart below demonstrates, the IP addresses from which
the email messages from "[email protected]" originated are the same IP
addresses assigned by Verizon to Mr. Whitehead's home:
Email Message
Date and Time
Originating
IP Address
IP Address Assigned
to Whitehead's Home2
August 24, 201 1 at 10:46:41 EDT 68.163.49.1353 68.163.49.135
September 16, 201 1 at 17:35:46 EDT 68.163.53.2474 68.163.53.247
(Cheng Aff. t 7.)
15. Mr. Whitehead also used the JohnF0808 1 @aol.com email
2 See Exhibit "E" attached hereto.
3 See Exhibit "F" attached hereto.
4 See Exhibit "G" attached hereto.
7
account to send email messages to two of Sundance Vacations' business partners
encouraging them to terminate their business relationship with the company.
1 6. "JohnF0808 1 @aol.com" sent an email message to
representatives of the Somerset Patriots on March 3 1, 201 1 identifying himself as
an administrator of the "Boycott" page. In the message, "JohnF" made
disparaging and patently false representations concerning Sundance Vacations'
products and business practices and attached four Microsoft WORD documents
which he claimed illustrated his position. (A true and correct copy of the March
31, 201 1 message is attached as Exhibit "H.")
1 7. Each of the four attachments contain references to "Albert
Whitehead" in the file metadata.5 Three of the WORD documents identify Albert
Whitehead as the person who last modified or last saved the document. The
metadata associated with the fourth document, an anonymous complaint
concerning Sundance Vacations addressed to the Ohio Attorney General's Office,
identifies "Albert Whitehead" as the author as well as the person who last saved
5 Metadata is data embedded in electronic document files which provides contextualinformation about the file, including such things as the time of creation, the time of last access,
modification and printing as well as the identity of the creator and person who last saved or
modified the document. (Cheng Aff. % 10.)
8
the document. (True and correct copies of screen shots of the file metadata are
appended to the email message attached as Exhibit "H.") The chart below
demonstrates these findings:
File Name of Attachment Reference to
Mr.
Whitehead?
Specific Reference
Susie Individual Complaint Yes Last Modified By: "Albert Whitehead"
Group Complaint Submitted by Susie Yes Last Saved by: "Albert Whitehead"
Anonymous to the Ohio Attorney Yes Authors: "Albert Whitehead"
Last Saved by: "Albert Whitehead"
Facebook Comment Yes Last Modified By: "Albert Whitehead"
(Cheng Aff. It 8-11.)
18. On April 20, 201 1 , "JohnF" sent a similar email message to
representatives of another Sundance Vacations business partner, the Chicago
Bulls, encouraging that entity to discontinue its relationship with Sundance
Vacations. (A true and correct copy of the email message is attached as Exhibit
"I.") Incredibly, "JohnF" referenced the Eastern District litigation between Mr.
Whitehead and Sundance Vacations in the email! Attached to the April 20, 201 1
email are a number of Microsoft WORD and PDF files. All of the attachments
have references to "Albert Whitehead" in the file metadata. The PDF files identify
'Albert Whitehead" as the author and the WORD documents identify "Albert
Whitehead" as the author and the person who last saved the file. (True and correct
copies of screen shots of the file metadata are appended to the email message
attached as Exhibit "L") The chart below demonstrates these findings:
File Name of Attachment Reference to
Whitehead?
Specific Reference
Sundance Vacations Inquirer 8.9.09 Yes Author: "Albert Whitehead"
Sundance Agreement 5.20.2010 Yes Authors : "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Rebecca Rudloff-Kowalski Yes Authors: "Albert Whitehead"
Last Saved by: "Albert Whitehead"
OhioAttomeyGeneral Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Calcagni and Kant Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Are You Using Sweepstakes to Skirt
the Do-Not-Call
Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
(Cheng Aff. Iff 12.)
19. In administering the "Boycott" page, making disparaging posts
on the page, sending disparaging messages to customers and business associates of
Sundance Vacations and encouraging customers and business associates of
Sundance Vacations to cease doing business with the company, Mr. Whitehead has
breached and continues to breach his obligations under the Settlement Agreement.
20. Sundance Vacations seeks preliminary injunctive relief
10
compelling Mr. Whitehead to comply with the Settlement Agreement and enjoining
further breaches of his contractual obligations.
2 1 . Sundance Vacations has suffered and will continue to suffer
immediate and irreparable harm as a direct result of Mr. Whitehead's unlawful acts.
Unless Mr. Whitehead is enjoined from existing and future breaches, Sundance
Vacations will continue to suffer damage and harm to its reputation and goodwill
as well as its customer and business relationships. These losses cannot be
compensated in money damages.
22. The Settlement Agreement is valid, enforceable and binding
upon Mr. Whitehead. Contrary to his assertion, Mr. Whitehead never revoked his
acceptance of the Settlement Agreement and he remains bound by its terms.6 Mr.
6 Importantly, Mr. Whitehead never provided written notice to Sundance Vacations'counsel by fax or hand delivery as he was required to do in order to effectively revoke his
acceptance of the Settlement Agreement. (See Settlement Agreement ^ 1 l(v).) To the contrary,
Mr. Whitehead sent an email to his counsel, Rufus Jennings, Esquire, with a copy to John Dowd
on March 7, 2007 — four weeks after he claims to have revoked his acceptance of the Settlement
Agreement — to demand withdrawal of the Writ of Summons filed against him by Sundance
Vacations in Luzerne County. Mr. Whitehead wrote:
As of this writing I am unaware of any documented withdrawal of
the Writ of Summons number 7021 filed in Luzerne County on or
about June 30, 2006. Since the withdrawal is part of the settlement
agreement I request that such be documented.
If the Writ of Summons remains active I will consider that to be a
breach of the settlement agreement and I will respond accordingly.
11
Whitehead's actions are a clear breach of the Settlement Agreement and therefore
Sundance Vacations' right to relief is clear.
23. Preliminary injunctive relief is necessary to restore the status
quo and is reasonably suited to abate Mr. Whitehead's wrongful acts.
24. Mr. Whitehead will suffer no harm whatsoever if the status quo
is restored pending a final decision on the merits. As a result, greater injury will
result from refusing the injunction than from granting it.
25. Sundance Vacations has no adequate remedy at law to redress
the immediate and irreparable harm and injury caused by Mr. Whitehead's existing
and continuing breaches of his obligations under the Settlement Agreement.
26. Mr. Whitehead's wrongful conduct is manifest and actionable
and Sundance Vacations' right to relief is clear.
(See email message dated March 7, 2007 at 3:19 p.m.) (A true and correct copy of the email
message is attached as Exhibit "I.") The writ of summons was dismissed immediately thereafter.
In fact, Mr. Whitehead received the full benefit of the bargain struck in the Settlement
Agreement that he now claims to have revoked. (Dowd Aff. f 17.)
12
WHEREFORE, Sundance Vacations requests that this Court enter an
Order enforcing the Settlement Agreement and preliminarily enjoining and
restraining Mr. Whitehead from existing and future breaches of his obligations
under the Settlement Agreement, including, but not limited to, compelling the
immediate discontinuance of the "Boycott" page and removal of all offending and
unlawful posts by Mr. Whitehead on any other platform.
Respectfully submitted,
Daniel T. Brier
Donna A. Walsh
Nicholas F. Kravitz
Attorneys for Plaintiff,
Sundance Vacations, Inc.
MYERS, BRIER & KELLY, L.L.P.
Suite 200, 425 Spruce Street
Scranton, PA 18503
(570)342-6100
Date: September 20, 2012
13
VERIFICATION
I, John Dowd, President and CEO of Sundance Vacations, Inc.,
hereby certify that the facts contained in the foregoing Petition for Temporary
Restraining Order or, in the Alternative, for Preliminary Injunction are true and
correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to
unsworn falsification to authorities.
John Dowd
Date: 1 nh^-
jJ-^A- *<? fi '>fiS-1l-'«>'"<:i
/c..'-. >7 ^ <- " 2."^C
Exhibit A
IN THE COURT OF COMMON PLEASOF LUZERNE COUNTY
SUNDANCE VACATIONS, INC.,
Plaintiff,
ALBERT WHITEHEAD,
Defendant.
CASE NO.
AFFIDAVIT OF JOHN DOWD
JOHN DOWD, being duly sworn, hereby deposes and says:
1 . I am the President of Sundance Vacations, Inc. ("Sundance
Vacations") and am authorized to make this Affidavit on its behalf.
2. Sundance Vacations is engaged in selling travel packages to
customers through direct sales presentations at showrooms throughout
Pennsylvania.
3. In or about September 2004, Defendant Albert Whitehead
applied for a position as a salesman with Sundance Vacations.
4. When he was not selected for the position, Mr. Whitehead
brought an action against, inter alia, Sundance Vacations, Dowd Marketing, Inc.,
Jerry Sisk ("Sisk") and myself in the United States District Court for the Eastern
District of Pennsylvania on August 11, 2005 alleging that he was the victim of age
discrimination. Sundance Vacations and Sisk filed a counterclaim against Mr.
Whitehead on February 16, 2006 to recover damages for the numerous false,
defamatory and disparaging anonymous messages that Mr. Whitehead posted
online concerning Sundance Vacations and Sisk. The action is docketed at No.
05-CV-4193.
5. The litigation in the Eastern District was resolved by means of
a Settlement Agreement dated February 6, 2007. The Settlement Agreement was
negotiated by Mr. Whitehead through his counsel, Rufus Jennings, Esquire, and
was reached with the assistance of the Honorable Legrome D. Davis who presided
over a settlement conference on September 6, 2006 and a proceeding convened on
February 6, 2007 to decide Sundance Vacations' motion to compel enforcement of
the settlement that we reached. The Settlement Agreement was finalized and
signed in Judge Davis's courtroom on February 6, 2007.
6. In connection with the settlement, Mr. Whitehead admitted
under oath that he published statements concerning Sundance Vacations that were
not true. (See Declaration of Albert Whitehead (attached to Settlement Agreement
as Exhibit "A") ^f 4.) He further admitted that he was never employed by
Sundance Vacations and has no information that in any way suggests that
Sundance Vacations engaged in fraudulent, misleading or deceptive practices. (Id
115.)
7. As a material part of the settlement, Mr. Whitehead agreed that
he would not post any messages in any public forum that in any way reference
Sundance Vacations. (See Settlement Agreement f 1 .) He also agreed that he
would not in any way disparage Sundance Vacations. (See Settlement Agreement
%9.)
8. Further, Mi-. Whitehead agreed that he would take all
reasonable and necessary steps to remove his offending posts and he conceded that
entry of injunctive relief is appropriate to remedy violations of the Settlement
Agreement. (See Declaration ofAlbert Whitehead fff 9-10.)
9. Mr. Whitehead has breached and continues to breach his
obligations under the Settlement Agreement by administering a site on the internet
called "Boycott Sundance Vacations" and through other means, including, but not
limited to, sending false disparaging communications to regulators, business
partners and customers of Sundance Vacations.
1 0. "Boycott Sundance Vacations" is a page that is viewable by the
public on the Facebook platform. As its name suggests, the page is devoted to
encouraging customers and business associates of Sundance Vacations to cease
doing business with the company. The administrator of the "Boycott" page
publishes false statements about the products offered by Sundance Vacations and
advises readers not to do business with the company.
11. On August 24, 201 1 and September 16, 201 1, the administrator
of the "Boycott" page, an individual calling himself "John Flannagan" and using
an AOL account titled [email protected], sent email messages to a customer
of Sundance Vacations containing false and defamatory assertions concerning the
company and encouraged her to cease doing business with the company. Through
discovery in this case, it has been confirmed that the emails originated from Mr.
Whitehead's home at 842 N. 27th Street, Philadelphia, Pennsylvania.
12. In addition, "John Flannagan" sent email messages from the
[email protected] address to two of Sundance Vacations' business partners
encouraging those businesses to cease doing business with Sundance Vacations.
The file metadata associated with the email attachments shows that "Albert
Whitehead" authored, last modified or last saved the documents.
13. These breaches by Mr. Whitehead have caused and continue to
cause Sundance Vacations to suffer substantial and irreparable harm, including,
but not limited to, interference with Sundance Vacations' customer and business
relationships and harm to its reputation and goodwill. Customers have called to
cancel their memberships after having visited the "Boycott" site. Other customers
have canceled their appointments after reading the comments posted on the site.
Many more prospective customers have declined our invitation to make sales
appointments. This substantial erosion in our business is a direct result of the
"Boycott" page.
14. Business associates of Sundance Vacations, including the
Somerset Patriots and Chicago Bulls, have stopped doing business with us as a
result of the negative publicity generated by the "Boycott" page.
15. Once relationships are affected in this manner, it is virtually
impossible to regain the confidence and trust of our customers and business
partners.
16. The monetary loss to Sundance Vacations is staggering and
continues to accrue. The damage to the company's reputation is unquantifiable
and cannot be remedied by money damages.
17. Mr. Whitehead never revoked his acceptance of the Settlement
Agreement. To the contrary, he sent an email to his counsel, Rufus Jennings,
Esquire, with a copy to me on March 7, 2007 — four weeks after he claims to
have revoked his acceptance of the Settlement Agreement — to demand
withdrawal of the Writ of Summons filed against him by Sundance Vacations in
Luzerne County. He wrote:
As of this writing I am unaware of any documentedwithdrawal of the Writ of Summons number 7021 filedin Luzerne County on or about June 30, 2006. Since thewithdrawal is part of the settlement agreement I requestthat such be documented.
If the Writ of Summons remains active I will considerthat to be a breach of the settlement agreement and I willrespond accordingly.
(See email message dated March 7, 2007 at 3:19 p.m.) The writ of summons was
dismissed immediately thereafter. In fact, Mr. Whitehead received the full benefit
of the bargain strack in the Settlement Agreement that he now claims to have
revoked.
Sworn to and subscribed before me this
I '•/ day of September, 2012
Notary Publfc"^My Commission Expires: -V^ *7 ' 3yW'
NOTARIALSEAL " ' '"1ROMALD VACCARO, JR., Moiasy Public
John Dowd
Exhibit B
IN THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY
SUNDANCE VACATIONS, INC.,
Plaintiff,
v.
ALBERT WHITEHEAD,
Defendant.
CASE NO.
AFFIDAVIT OF DENNIS CHENG
DENNIS CHENG, being duly sworn, hereby deposes and says:
1. I am the founder of twobytwo Solutions, LLC, a consulting
firm that performs forensic analysis and provides litigation support.
2. I have spent more than fifteen years engaged in the business of
analyzing and interpreting electronic data. A copy ofmy curriculum vitae is
attached hereto as Exhibit 1 .
3. I was retained by Myers, Brier & Kelly, L.L.P. to review
electronic information and records produced in discovery in order to identify the
00058374
source of certain electronic communications.
4. The items that I examined include two emails sent by an
individual claiming to be "John Flannagan" using the JohnF0808 1 @,aol.com
address to Becky Fabian at becky_fabian@yahoo . com.
5. The header information in the email messages identifies the
originating Internet Protocol address or "IP address" from which the messages
were sent. IP addresses are unique numerical identifiers assigned to devices
participating in a computer network. Most business networks and servers use
fixed, assigned IP addresses that are easily traceable. Most consumers and home
internet access is brokered via dynamic IP addresses issued by Internet Service
Providers ("ISP"). While also unique at any specific moment, dynamically leased
IP addresses assigned to users can change over time. In these situations, the ISP
can associate a subscriber to an IP address during any particular period.
6. The first email message that was sent by "John Flannagan" to
Becky Fabian on August 24, 201 1 at 10:46:41 EDT originated at the IP address
68.163.49.135. The second email message from "John Flannagan" to Becky
Fabian on September 16, 201 1 at 17:35:46 EDT originated from the IP address
00058374
68. 1 63.53.247. The American Registry for Internet Numbers ("ARIN") indicates
that both of these IP addresses were controlled by Verizon Internet Services.
7. Sundance Vacations caused a subpoena to be served on
Verizon Communications, Inc. to identify the IP addresses assigned to Albert
Whitehead's home at 842 N. 27th Street, Philadelphia, Pennsylvania. In response
to the subpoena, Verizon Communications, Inc. produced session logs which
demonstrate that the "John Flarmagan" emails originated from the IP address
assigned to the Whitehead home. The data is summarized as follows:
Email Message
Date and Time
Email Originating
IP Address
IP Address Assigned
to Whitehead Home
August 24, 201 1 at 10:46:41 EDT 68.163.49.135 68.163.49.135
September 16, 201 1 at 17:35:46 EDT 68.163.53.247 68.163.53.247
8. I also examined email messages sent by [email protected]
to two of Sundance Vacations' business partners.
9. In the email message from JohnF0808 1 @aol.com dated March
3 1, 201 1 to representatives of the Somerset Patriots, "JohnF" declares that he is
"one of the administrators of the 'Boycott Sundance Vacations' Facebook page."
00058374
10. Attached to the email message were four Microsoft WORD
documents with specific references to "Albert Whitehead" in the metadata.
Metadata is data embedded in electronic document files which provide contextual
information about the file, including such things as the time of creation, the time
of last access, modification and printing as well as the identity of the creator and
person who last saved or modified the document.
1 1 . Three of the Microsoft WORD documents attached to the
March 3 1, 201 1 email message identify Albert Whitehead as the user who last
modified or last saved the document. The metadata associated with the fourth
document, an anonymous complaint concerning Sundance Vacations addressed to
the Ohio Attorney General's Office, identifies "Albert Whitehead" as the author
and the user who last saved the document. The references to Albert Whitehead in
the metadata are summarized below:
Attachment Reference to
Whitehead?
Specific Reference
Susie Individual Complaint Yes Last Modified By: "Albert Whitehead"
Group Complaint Submitted by Susie Yes Last Saved by: "Albert Whitehead"
Anonymous to the Ohio Attorney Yes Authors: "Albert Whitehead"
Last Saved by: "Albert Whitehead"
Facebook Comment Yes Last Modified By: "Albert Whitehead"
00058374
12. I also examined a message sent on April 20, 201 1 from
"JohnF" to representatives of another one of Sundance Vacations business
partners, the Chicago Bulls. Attached to this email were a number of Microsoft
WORD and PDF files. All of the attachments have references to "Albert
Whitehead" in their metadata. The PDF file identifies "Albert Whitehead" as the
author and the WORD documents identify "Albert Whitehead" as the author and
the user who last saved the file. The references to Albert Whitehead in the
metadata are summarized below:
Attachment Reference to
Whitehead?
Specific Reference
Sundance Vacations Inquirer 8.9.09 Yes Author: "Albert Whitehead"
Sundance Agreement 5.20.2010 Yes Authors : "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Rebecca Rudloff-Kowalski Yes Authors: "Albert Whitehead"
Last Saved by: "Albert Whitehead"
OhioAttomeyGeneral Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Calcagni and Kant Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
Are You Using Sweepstakes to Skirt
the Do-Not-Call
Yes Authors: "Albert Whitehead"
Last Saved By: "Albert Whitehead"
00058374
13. The available evidence leads to the only reasonable conclusion
that Whitehead authored, edited and transmitted disparaging communications
concerning Sundance Vacations using Facebook, the [email protected] email
address and printable communications.
Dennis Cheng
Sworn to and subscribed before me this
/7 day of September, 2012
Notary Public
My Commission Expires:
.cow^nwealtm mPemmivtAmANOTARIAL SBM.
CAR&A. KaLEHER, Notary PublicC%e? Scfwio^ljckawanna CountyMy Csmfflissfan E«pifBS June 6, 201 5
00058374
Exhibit C
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter "the Agreement") is made and
entered into on this 6? day ofSep tcmbeavBQ&r,- by and between Albert Whitehead
("Whitehead"), an adult individual residing in Philadelphia, Pennsylvania; Sundance Vacations, Inc.
("Sundance Vacations"), a corporation organized and existing under the laws of the Commonwealth
of Pennsylvania with a place ofbusiness in King of Prussia, Pennsylvania; Dowd Marketing, Inc.
("Dowd Marketing"), a corporation organized and existing under the laws of the Commonwealth of
Pennsylvania with a place of business in Wilkes-Batre, Pennsylvania; John Dowd ("Dowd"), an adult
individual with a place of business in Wilkes-Barre, Pennsylvania; and jerry Sisk ("Sisk"), an adult
individual with a place of business in King of Prussia, Pennsylvania.
WHEREAS, on August 11, 2005, Whitehead commenced an action against
Sundance Vacation, Dowd Marketing, Dowd and Sisk in the United States District Court for the
Eastern District of Pennsylvania docketed at No. 05-CV-4193 (hereinafter "the Action") alleging
that he was subject to discrimination on the basis of his age when he applied for a position at
Sundance Vacations;
WHEREAS, on February 1 6, 2006, Sundance Vacations and Sisk asserted a
counterclaim against Whitehead alleging that he posted numerous false, defamatory and disparaging
comments on the internet concerning Sundance Vacations and Sisk;
WHEREAS, on July 27, 2006 and August 21, 2006, Judge Legrome D. Davis of the
United States District Court for the Eastern District of Pennsylvania Ordered Whitehead to allow
his produce his computer equipment for inspection by Sundance Vacations, Dowd Marketing,
Dowd and Sisk;
WHEREAS, Whitehead produced his computer for inspection on August 28, 2006;
Page 1 of 9
WHEREAS, Whitehead has identified himself as the poster of various statements on
the internet concerning, inter alia, Sundance Vacations and has agreed not to construct, write or post
or cause, assist or encourage others to construct, write or post any messages in any viewable form
on the World Wide Web or other area of the internet concerning Sundance Vacations, Dowd
Marketing, Dowd or Sisk, as more fully set forth in the Affidavit attached hereto as Exhibit "A" and
expressly made a part hereof; and
WHEREAS, the parties desire to settle all causes of action and claims raised in the
Action, thus discharging each other of and from aE liability and responsibiliiy as fully set forth in this
Agreement;
NOW THEREFORE, the foregoing being incorporated herein by reference and
expressly made a part hereof, and intending to be legally bound, the parties agree as follows:
1 . Agreement Not To Post Messages. Whitehead agrees that he will not write,
construct or post, or cause, assist or encourage others to write, construct or post, any e-mails,
correspondence or electronic messages on any website, message board, forum, chat room or other
viewable form on the Wotld Wide Web, Usenet, e-mail list server or other area of die internet which
mentions direcdy or indirecdy, or by inference, parody or play on words, Sundance Vacations,
Dowd Marketing, Dowd or Sisk. Whitehead further covenants and agrees diat the obligations set
forth in this paragraph and the Affidavit attached hereto as Exhibit "A" are a material inducement
for Sundance Vacations, Dowd Marketing, Dowd and Sisk to enter into this Agreement and are
intended to become part of the consideration for this Agreement. In the event of any breach by
Whitehead of any of the obligations set forth in this paragraph or the Affidavit attached hereto as
Exhibit "A," the offended party may seek to enforce this Agreement and recover damages caused by
the breach (subject to the restrictions and limitations set forth in Paragraph 5 hereof) or may
institute a separate legal proceeding to recover damages and other appropriate relief. Furthermore,
in the event of any breach by Whitehead of any of obligations set forth in this paragraph or the
Page 2 of 9
Affidavit attached hereto as Exhibit "A," the release set forth in Paragraph 3 hereof shall be null and
void and of no legal effect whatsoever and the offended party shall be permitted to bring suit to
recover damages for any and all claims that were the subject of the release, including any claims for
damages resulting from the internet postings that are identified in the Affidavit attached hereto as
Exhibit "A." Finally, Whitehead acknowledges and agrees that the Affidavit attached hereto as
Exhibit "A" and any electronic data retrieved from his computer may be used in any enforcement
proceeding or any subsequent action filed as a consequence of a breach of this Agreement.
2. General Release. Whitehead, for himself and on behalf of his heirs,
executors, administrators, successors, assigns, attorneys, agents, representatives, and any persons
acting by or through him, does hereby release, remise, and forever discharge Sundance Vacations,
Dowd Marketing, Dowd and Sisk, and all past, present and future officers, directors, agents,
servants, employees, representatives, attorneys, insurers, subsidiaries, affiliates, and any and all other
persons, firms, or corporations with whom any of the former have been, are now, or may hereafter
be affiliated, of and from any and all causes of action, claims, demands, obligations, damages, costs,
expenses, and compensation of any nature whatsoever, liabilities, suits of any kind, whether based
on a tort, contract or other theory of recovery, which Whitehead now has, or which may hereafter-
accrue or otherwise be acquired on account of all injuries or damages, known or unknown, which
have been or may in the future be sustained by Whitehead as a result of any act, event, matter, cause
or thing up to and including the date of this Agreement, and particularly, but without limitation, any
claims arising fiom or related in any way to any application for employment and any claims that
were alleged or might have been alleged in the Action, including, but not limited to, any claims
arising under the United States or Pennsylvania Constitutions, 42 U.S.C. § 1983, Title VII of the
Civil Rights Act of 1 964, as amended, the Age Discrimination in Employment Act, the Pennsylvania
Human Relations Act, or any other federal, state or local statute or regulation, and any common law,
tort or contract claims, and any claims for attorneys' fees or costs. This release on the part of
Page 3 of 9
Whitehead shall be a fully binding and complete setdement between the parties and all parnes
represented by or claiming through them.
3. General Release, Sundance Vacations, Dowd Marketing, Dowd and Sisk, for
themselves and on behalf of thek heirs, executors, administrators, successors, assigns, attorneys,
agents, employees, representatives and any person or entity acting by or through any of them, do
hereby release, remise, and forever discharge Whitehead of and from any and all causes of action,
claims, demands, obligations, damages, costs, expenses, and compensation of any nature
whatsoever, liabilities, suits of any kind, whether based on a tort, contract or other theory of
recovery, which any of them now have, or which may hereafter accrue or otherwise be acquired on
account of all injuries or damages, known or unknown, which have been or may in the future be
sustained by him or it as a result of any postings or statements published by Whitehead on any
internet site, including, but not limited to, the internet postings specifically identified in the Affidavit
attached hereto as Exhibit "A."
4. Dismissal of Luzerne County Action. The parties further agree that the writ
of summons filed in the Court of Common Pleas of Luzerne County at No. 7021-CV-06 shall be
marked withdrawn and dismissed without prejudice to the right of the named plaintiffs to file a new
action for relief if warranted in the future.
5. Enforcement Proceedings. The parties acknowledge and agree that, in the
event of a suspected breach by Whitehead of his obligations under diis Agreement, the offended
party may file a motion to seek enforcement of the terms of this Agreement together with other
appropriate relief. In the event such a violation is established, the offended party shall be entitled to
recover from Whitehead Equidated damages in the amount of 15000.00 for each proven violation of
the terms of this Agreement, plus recovery of the attorneys' fees and costs incurred in seeking relief.
In the event a violation is not proven, the filing party shall be obligated to reimburse Whitehead in
the amount of $1000.00, plus attorneys' fees and costs. Nothing contained herein, however, shall
Page 4 of 9
preclude any party from commencing a new action in an appropriate forum to seek relief for
conduct occurring in the future and the terms set forth herein shall not apply to any new action.
6. No Further Applications for Employment. Whitehead agrees that Sundance
Vacations and Dowd Marketing have no obligation whatsoever to hire or employ him at any time in
the future and further agrees not to seek employment with Sundance Vacations or Dowd Marketing
or any affiliated entity.
7. Attorneys' Fees. Each party hereto shall bear all attorneys' fees and costs
arising from his or its actions or the actions of his or its counsel in connection with the Action, this
Agreement, the matters and documents referred to herein and all related matters.
8. Discontinuance of the Action. It is expressly agreed and understood that
the Action shall be marked setded, discontinued and ended with prejudice. Accordingly, counsel for
the parties will, contemporaneous with the execution of this Agreement, execute a Stipulation of
Dismissal With Prejudice for the Action docketed at No. 05-CV-4193 in the United States Disttict
Court for the Eastern District of Pennsylvania, subject to the rights of either party to enforce this
Agreement or the obligations set forth in the Affidavit attached hereto as Elxhibit "A."
9. Non-Disparagement. Whitehead further agrees not to make any comments
or statements, orally or in writing, in any medium, to any third parties, or to take any other action
which might be deemed retaliatory or which could reasonably be construed to adversely affect
and/or disparage the personal and/or business reputation of Sundance Vacations, Dowd Marketing,
Dowd or Sisk or any of their employees, agents, representatives or affiliates, including Travel
Advantage Network or "TAN." Further, Dowd, Sisk, Sundance Vacations and Dowd Marketing
agree that neither they nor any of their officers or shareholders shall make any comments or
statements, orally or in writing, in any medium, to any third parties, or take any other action which
might be deemed retaliatory or which could reasonably be construed to adversely affect and/or
Page 5 of 9
disparage the personal and/or business reputation of Whitehead and that they will take appropriate
steps to ensure that Fid Coppinger refrains from making any disparaging comments or postings
concerning Whitehead on anv internet site. , i // , 1, J C Qttt/**i Cvjy pa^rV 7^0*« l^firyi^
10. Confidentiality. It is understood and agreed by and between the parties that
mteneaa on any internet ate. , , ^ ^ ^^ ^ p.,^7 **y po.y
the terms of this Agreement and the consideration mentioned in this Agreement are and shall
remain confidential. It is expressly understood and agreed, however, that Sundance Vacations,
Dowd Marketing, Dowd and Sisk shall have the right to publish, reprint and make use of the
Affidavit attached hereto as Exhibit "A" for any purpose, including, but not limited to, in seeking to
remove Whitehead's postings from any internet site.
1 1 . Knowing and Voluntary Waiver of Claims. Whitehead acknowledges and
agrees that, in full compliance with the Older Workers Benefit Protection Act of 1990, 29 U.S.C. §
621 et seq.:
(i) He has read the terms of this Agreement, and he understands its
terms and effects, including the fact that he has agreed to release and forever discharge Sundance
Vacations, Dowd Marketing, Dowd and Sisk and their agents, employees and representatives from
any liability for any claim relating to any application for employment;
(ii) He has signed this Agreement voluntarily and knowingly in exchange
for the consideration described herein, which he acknowledges as adequate and satisfactory to him;
(iii) He has been advised through this document to consult with an
attorney prior to signing this Agreement and has done so;
(iv) He has been provided with the opportunity to consider for at least
twenty-one (21) days whether to sign this Agreement, and he has signed on the date indicated below
after concluding that this Agreement is satisfactory to him;
Page 6 of 9
(v) He acknowledges that he has the right to revoke this Agreement for a
period of seven (7) days following the execution hereof by giving written notice to defense counsel
of record by fax or hand deliver}'. Exercise of this tight of revocation shall constitute a revocation
of this Agreement and will void the entire Agreement between the parties;
(vi) Neither Sundance Vacations, Dowd Marketing, Dowd or Sisk nor
any of their agents, representatives or attorneys have made any representations to him concerning
the terms or effects of this Agreement other than those contained herein; and
(vii) He agrees that he has been afforded reasonable time to consider this
Agreement, to raise concerns, ask questions and seek explanations regarding this Agreement and to
consult with legal counsel or other persons of his choosing regarding the legal, financial and other
consequences of executing this Agreement and he further acknowledges and agrees that he is
voluntarily, knowingly and willfully executing this Agreement.
1 2. Jurisdiction. The parties agree that jurisdiction over this matter is to be
retained by the Honorable Legrome D. Davis of the United States District Court for the Eastern
District of Pennsylvania for a period of eighteen (18) months from the date hereof for purposes of
enabling any party to apply to the Court at any time for such direction or further decree as may be
appropriate for the enforcement of this Agreement or for such additional relief as may be
appropriate,
13. Non-Assignment. Neither this Agreement nor any of the parties'
respective interests, rights or obligations shall be assignable by any party hereto, and Whitehead and
his attorneys affirm that he has not assigned or transferred any of his respective interests, rights or
obligations hereunder to any third party.
1 4. Entire Agreement. This Agreement contains the entire agreement between
Page 7 of 9
the parties with regard to the matters set forth in it and shall be binding upon and inure to the
benefit of the successors and assigns of each. There are no other understandings or agreements,
verbal or otherwise, between the parties except as expressly set forth in this Agreement.
15. Legal Advice. In entering into this Agreement, each of the parties
represents that he, she or it has relied upon the legal advice of his, her or its attorneys. The parties
farther represent that the terms of this Agreement have been completely reviewed by them and that
these terms are fully understood and voluntarily accepted.
16. Applicable Law. The parries hereto enter into this Agreement
in the Commonwealth of Pennsylvania, and this Agreement shall be construed and interpreted in
accordance with its laws.
17. Construction. Whitehead represents and warrants that he and his attorneys
have reviewed this Agreement and the Affidavit attached hereto as Exhibit. "A," that they have had
the opportunity to revise this Agreement and that the normal rule of construction to the effect that
any ambiguities are to be resolved against the drafting patty shall not be employed in the
interpretation of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereby execute this Agreement on the £z> day ofSepfeeaiDer 2006.
ALBERT WHITEHEAD
SUNDANCE VACATIONS, INC.
V>o,
WITNESSffiLP^
BY:
Page 8 of 9
/\4J- fte
TITLE
DOWD MARKETING, INC.
WITNESS
^ O- yl PiBY:
TITLE:
r&/
lpAArA>WITNESS
JOHN DOWD
rNr
WITNESS
JERRY SISK
Page 9 of 9
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALBERT WHITEHEAD,
Plaintiff,
SUNDANCE VACATIONS, INC.,
DOWD MARKETING, INC.,
JOHN DOWD and JERRY SISK,
Defendants.
NO. 05-CV-04193
JUDGE DAVIS
DECLARATION OF ALBERT WHITEHEAD
I, Albert Whitehead, make this Declaration pursuant to 28 U.S.C. Section 1746,
and say that:
1. My name is Albert Whitehead and I currently reside in Philadelphia, PA.
2. In or about 1995, I established an account with AOL under the master
screen name " novnog." As a member of AOL, I was able to utilize up to seven other screen
names or pseudonyms at a time to browse and post messages on the internet. I selected and
changed pseudonyms on a frequent basis to protect and ensure my privacy while guarding against
hackers.
3. I published a number of postings concerning Sundance Vacations, Inc. and
Dowd Marketing, Inc. using different pseudonyms on a website called Scam.com. I recall using
the pseudonym Columbo, and I may have used the pseudonyms Compliance and NoNoiMe.
This is my best recollection of the pseudonyms that I used.
4. The postings that I made include statements that are accurate, and
statements that are inaccurate.
5 . I was never employed by Sundance Vacations, Inc., never had a membership
in Sundance Vacations, Inc. and never attended a sales presentation at Sundance Vacations, Inc.
I therefore have no personal knowledge concerning the sales presentations at Sundance Vacations,
Inc. which were the subject of my postings. Nor do I have personal knowledge or information
suggesting that Sundance Vacations, Inc. has engaged in or is engaging in fraudulent, misleading,
deceptive or pressure-filled sales presentations.
6. I have personally sold, vacations packages (Travel Advantage Network) for
Vacation Savers, a company with whom Dowd Marketing was conducting business, and I have
based my personal opinion and beliefs on my first-hand knowledge of that experience, selling that
particular product.
7. I agree that I will not in the future construct, write or post, or knowingly
cause, assist or encourage others to construct, write or post, any messages on any message boards
or websites concerning Sundance Vacations, Inc., Dowd Marketing, Inc., John Dowd or Jerry
Sisk using any screen name or pseudonym.
8. I agree that I will not write, construct or post, or knowingly cause, assist
or encourage others to write, construct or post, any e-mails, correspondence or electronic
messages on any website, message board, forum, chat room or other viewable form on the World
Wide Web, Usenet, e-mail listserver or other area of the Internet which mentions, directly or
indirectly, or by inference, parody or play on words, Sundance Vactions, Inc., Dowd Marketing,
Inc., John Dowd or Jerry Sisk or any related entity, including Travel Advantage Network or
"TAN."
9. I also agree to take all reasonable and necessary steps in my power to delete
the above-referenced messages that I posted on Scam.com.
10. I acquiesce to the entry of an order reflecting the terms and conditions of
this Declaration, including the retention by the Court of jurisdiction for the purpose of entering
injunctive relief for any violations of the agreements contained herein.
13 . I understand the above-captioned lawsuit will be dismissed, subject to my
agreements contained herein, and that this Declaration may be reprinted and published by
Sundance Vacations, Inc., Dowd Marketing, Inc., John Dowd and Jerry Sisk if they so elect, as
follows:
(a) To Scam.com, in its entirety, in order to facilitate the removal of postings
that I made on that website; and
(b) To any other person or entity, without any information identifying me as
the declarant, including my name, address, and the case number, in order
to respond to or address the content of statements for which Defendants
have a reasonable, articulable, and good-faith belief are attributable to me.
12. This Declaration is a result of civil litigation, instituted by me, naming
Sundance Vacations, Inc., et al. as Defendants. I have considered the advice of counsel before
signing this Declaration, which I have signed of my own free will.
13. I declare under penalty of perjury that the foregoing is true and correct.
Albert Whitehead
Executed on:
Exhibit D
Commonwealth ofPennsylvania Ns 4032County ofLuzerne
SI JNDANCF, VACATIONS, INC.
vs. 12-CV-8006 ALBERT WHITEHEAD
SUBPOENA TO PRODUCE DOCUMENTS OF THINGSFOR DISCOVERY PURSUANT TO RULE 4009.22
Verizon Communications, Inc.; 1717 Arch Street; Philadelphia, PA 19103
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Sep. AHriftnrimn attachp.d hereto as Exhibit "A"
at MYERS. BRIER & KELLY, LLP; 425 Spruce Street, Suite 200; Scranton, PA 18503
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party maMng this request at the address listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
This subpoena was issued at the request of the following person:
-ox/- rrtrc r^™ tot- Oo&aa-A. Walsh,.£squire-BY THE COUR I : Attorney's Name
74833By :
(Prothonotary) ., _ . J^^t 5" 49? cMyers, Bner & Kelly, LLP, 425 SpruceStreet, Suite. 200] Scranton. PA 1 8503
_, , AddressDATE: ]M\\ 1*0^- (570) 342-6100
\
Seal of the Court iMSPMAttorney for Vacations, Inc.
er
ance
00049400
EXHIBIT "A"
DEFINITION
As used here, the term "document" includes, but is not limited to, any
writing, graphic matter or other tangible thing, whether printed, recorded,
produced by any other process, or written or produced by hand, including, but not
limited to, letters, reports, other written communications, electronic messages,
metadata, electronic records, electronic files, correspondence, telegrams,
memoranda, summaries, records or itineraries, forecasts, analyses, lab reports,
projections, work papers, photographs, tape recordings, models, graphs, statistical
statements, notebooks, charts, plans, drawings, artwork, brochures, summaries of
negotiations, press releases, intra-office or inter-company communications,
routing slips or the like, promotional or advertising materials, marginal comments
appearing on any document, invoices, shipping papers, labels, packaging,
purchase orders, contracts, printed publications, minutes or records of meetings,
minutes or records of conferences, agendas, expressions or statement of policy,
lists of person attending meetings or conferences, reports and summaries of
investigations, opinions or reports of consultants, studies, evaluations, records,
sounds recordings, motion pictures, models, sketches, video tapes, proofs,
photographs, films, computer input or output, recordings on disk or tape, archive
records, whether recorded on volatile or nonvolatile media, hard disks or floppy
disks, by magnetic or electronic impulse, e-mail messages whether or not printed
or in hard copy, or any other writing including drafts, revisions, foreign language
versions or translations to English of any of the foregoing.
DOCUMENTS REQUESTED
1 . Any and all documents that refer or relate to any internet access
account maintained by or for Albert Whitehead and/or Kathleen Whitehead and/or
Rose Whitehead and/or any individual residing at 842 North 27th Street,
1
Philadelphia, PA 19130, including, but not limited to, all account applications,
billing information and records, access records, activity logs and records of
session times and durations.
2. Any and all documents that embody, contain, refer or relate to
subscriber information, IP addresses, customer records, connection records,
orientation information, phone numbers, email logs and/or payment records
relating to any of the individuals referenced in Paragraph 1 above.
3. Any and all internet connection access logs (including IP
address and ANI information), IP assignments, IP addresses, email user IDs,
user/subscriber IDs and other documents that refer or relate to any of the
individuals referenced in Paragraph 1 above.
4. Any and all documents that identify the subscriber associated
with the following IP addresses on the following dates:
Wed, 24 Aug 2011 10:46:41 -0400 (EDT) 68.163.49.135
Fri, 16 Sep 2011 17:35:46 -0400 (EDT) 68.163.53.247
5. All electronic communications held or maintained in Verizon's
computer systems on behalf of any of the accounts identified in Paragraph 1.
IN THE COURT OF COMMON PLEASOF LUZERNE COUNTY, PENNSYLVANIA
SUNDANCE VACATIONS, INC.,
Plaintiff,
ALBERT WHITEHEAD,
Defendant.
CASE NO. 12-CV-8006
NOTICE
TO: Custodian of Records, Verizon Communications, Inc.
1717 Arch Street
Philadelphia, PA 19103
You are required to complete the following Certificate of Compliance
when producing documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE
DOCUMENTS OR THINGS PURSUANT RULE 4009.23
I, , certify to the best ofmy knowledge,
information and belief, that all documents or things required to be produced
pursuant to the subpoena issued on July 12, 2012 have been produced.
Date: CUSTODIAN OF RECORDS FOR
VERIZON COMMUNICATIONS, INC.
By:
Sworn to and subscribed before me this
day of , 2012
Notary Public
My Commission expires:
var&pff
August 1, 2012 Legal ComplianceTXD016132701 S. Johnson St.SanAngelo, TX 76904Voice: 888-483-2600Fax 325-949-691 6
Verizon Case # 12275571
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & Kelly LLPAttorneys for the Plaintiff Sundance Vacations Inc. vs. Albert WhiteheadSigned 7/12/2012
Business Records Affidavit
I, Christine Gardener, being duly sworn, deposes and says: I am the custodian of records forVerizon, and in that capacity, I ceitify that the attached records are true and accurate copies of therecords created from the information maintained by Verizon in the actual course of business.
It is Verizon's ordinary practice to maintain such records, and that said records were madecontemporaneously with the ti-ansaction and events stated therein, or within a reasonable timethereafter.
I have provided Donna A Walsh, Esquire, the subscriber records as requested to include IPAddress, Session Logs for name, address, account number and type, account creation date,corresponding telephone number and user ID and user name for die subscribers named on theresponse document.
Execuic-d or; August 1. 2012A
tf
K*f
Chrisime Gsirdener. Cocsulumt Net Ops
«s^
AugUSt 1, 2012 Legal ComplianceTXD016132701 S. Johnson Si.San Angalo, TX 76304Voice: 888-483-2600Fax 325-949-6916
Verizon Case #12275571
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier 8c Kelly LLPAttorneys for the Plaintiff Sundance Vacations Inc. vs. Albert WhiteheadSigned 7/12/2012
IP Session logs are reflected in GMT
IP Address: 68.163.49.135
Start Time: 2011-08-21 21:12:04Z Stop Time: 2011-08-25 13:48:38ZIP Address: 68.163.53.247
Start Time: 2011-09-13 10:46:11Z Stop Time: 2011-09-21 21:35:38Z
VOL Account Number: 0063909960386Account Creation Date: 04/24/2006
Customer Name: Kathy Whitehead
Account Address: 842 N 27th St
Philadelphia, PA 191301832
Daytime TN: 2152321236
Payment Method: LECBilllng (included on local telephone bill)
DSL/2152321236 Deactivated
Service End Date: 03/19/2012VOL User ID: vzetbdnx
VOL Account Number: 0118739285494
Account Creation Date: 12/19/2011
Customer Name: Albert Whitehead
Account Address: 842 N 27 STPhiladelphia, PA 19130
Daytime TN: 2152351308Evening TN: 2152058160Payment Method: Invoice
VZ FiOS Consumer Internet Plan/ ActiveVOL User ID: vzel98ekm
August 1, 2012
Verizon Case # 12275571
Legal ComplianceTXD016132701 S. Johnson St.San Angslo, TX 76304Voles: 888-483-2600Fax 325-949-6916
Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & KeDy LLPAttorneys for the Plaintiff Sundance Vacations; Inc. vs. Albert WhiteheadSigned 7/12/2012
IP Session logs are reflected in GMT
VZID Session List for Kathy WhiteheadStart Date : 2011-09-22 00:00:00ZStop Date : 2012-03-19 0O:O0:00ZUser ID : vzetbdnxTotal Sessions : 89
Start Time«
Stop Time Duration ;f User ID | IPAddress I
I 2012-02-15 18:31:44Z | 2012-03-19 09:50;22Z f 32d 15h 15m 33s | vzetbdnx]! 70.110.201.252 ITI 2012-02-10 21:07:25Z | 2012-02-15 18:31:34Z i 4d 21h23m45s
ij 2012-02-05 14:12:29Z I 2012-02-10 21:07:16Z I 5d 6h 54m 20s
I 2012-01-29 12;15;49Z 1 2012-02-05 14:12:20Z f7d Ih 55m 54s12012-01-29 01:43:3 1Z I 2012-01-29 12:15;40Z I Od lOh 32m 7s*} ;; &
| vzetbdnx !| 70.110.203.30 j
t vzetbdnx | 68.163.44.121 1
| vzetbdnx | 70.110.195.10 |
I vzetbdnx I 151.199.254.194 I
| 2012-01-28 12:17:03Z | 2012-01-29 0l:43:22Z p Od 13h 26m 16s
| 2012-01-28 07:42:57Z | 2012-01-28 12:16:54Z | Od 4h 33m 56s
sj vzetbdnx (i 70.110.215.159
1 vzetbdnx I 70.110.191.12
I 2012-01-¦28 04:13:18Z {i 2012-01-28 07:42:48Z 3 0d 3h 29m29s | vzetbdnx | 68.163.47.211
i 2012-01-18 20:28:55Z f| 2012-01-28 04:13:09Z | 9d 7h 43m 25s
| 2012-01-15 12:15:55Z | 2012-01-18 20:28:47Z | 3d 81i 12m 35s:i
I 2012-01
1 2012-01
vzetbdnx | 151.199.253.95 I
vzetbdnx Ij 70.110.197.76
vzetbdnx | 70.110.223.51 '
| vzetbdnx i 151.199.251.176 !
¦13 12:18:09Z fj 2012-01-15 08:37:32Z I 0d44h 19m 13s | vzetbdnx 1 70.110.195.160 |
¦15 10:13:27Z | 2012-01-15 12:15:46Z 1 Od 2h 2m 18sI 2012-01-15 08:37:42Z | 2012-01-15 10:13:18Z I Od Ih 35m 36s
I 2012-01-11 20;37:45Z | 2012-01-13 12:18:01Z 1 0d39h40m7si'V;i^^',Vi;«t;t.,:-Nv;';<v;>tN-:-;*;-;-N'»K\-.«;-i
I vzetbdnx | 70.110.223.67
1 2012-01-07 12:16:06Z [j 2012-01-11 20:37:36Z jj 4d 81i 21m 8s j vzetbdnx | 151.197.27.203| 2012-01-07 01:12:252 j 2012-01-07 12:15:56Z j Od llh 3m 29s fvzetbdnxlf 60^4757""1 2012-01-06 12:16:03Z |{ 2012-01-07 01:12:162 jfod 12h 56m 10s | vzetbdnx]! IhMZnsT^| 2012-01-06 03:36:272 1 2012-01-06 12;15:53Z | Od 81i 39m 25s | vzetbdnx jj 71.242.88.182| 2012-01-04 12:16:03Z | 2012-01-06 03!36:18Z | Od 39h 20m 6s | vzetbdnx I 68.163.49.2231 2012-01-04 11:38:532 jj 2012-01-04 12:15:542 | Od Oh 37m Is | vzetbdnx | 71.242.89.216I 2012-01-04 10:56:07Z jj 2012-01-04 1 1:38:432 f Od Oh 42m 36s | vzetbdnx | 68.163.58.247 j| 2012-01-04 06:59:24Z § 2012-01-04 10:55:582 1 Od 3h 56m 33s !:| vzetbdnx | 70.110.194.145 \I 2012-01-03 23:56:032 jj 2012-01-04 06:59:15Z | Od 7h 3m lis fi vzetbdnx f 68.163.54.1 16 \| 2012-01-03 22:49:00Z | 2012-01-03 23:55:53Z 1 Od Ih 6m 53s | vzetbdnx 1 72.81.124.901 2012-01-03 22:12:582 1 2012-01-03 22:48:512 | Od Oh 35m 53s | vzetbdnx C68.163.58.12« _ S: ::i __ _ -l ?>;r
I 2012-01-02 12:15:422 1 2012-01-03 22:12:492 | Od 33h 57m Os § vzetbdnx | 70.110.221.71 j
| 2012-01-02 05:05:582 jj 2012-01-02 12:15:332 | 0d7h9m34s | vzetbdnx | 70.110.212.50| 2012-01-02 03:14:552 1 2012-01-02 05:05:482 | Od Ih 50m 54s 1 vzetbdnx | 72.81.127.149| 2012-01-02 02:29:242 | 2012-01-02 03:14:462 I Od Oh 45m 21s f vzetbdnx | 70.110.200.190 j| 2012-01-02 02:00:51Z | 2012-01-02 02:29:15Z f Od Oh 28m 24s | vzetbdnx jj 151.199.247.195 \I 2012-01-02 00:57:472 (! 2012-01-02 02:00:412 | Od Hi 2m 54s li vzetbdnx I 70.110.191.643 H ;| a ;....;!.,..,.,
| 2011-12-30 12:15:422 jj 2012-01-02 00:57:39Z | 0d60h 41m 43s | vzetbdnx j[ 70.110.190.141 }1 2011-12-29 23:45:552 Ij 201 1-12-30 12:15:332 1 Od 12h 29m 35s I vzetbdnx 1 70.110.193.41 'I 2011-12-28 12:15:552 | 2011-12-29 23:45:462 | Od 35h 29m 44s jj vzetbdnx | 68.163.50.171 2011-12-28 01:12:152 ij 2011-12-28 12:15:462 | Od llh 3m 28s | vzetbdnx | 68.163.51.231s! h a. -!
i 201 1-12-26 12:17:472 I 201 1-12-28 01:12:062 I Od 36h 54m 10s jfvzetbdnx I 70.110.199.206 jp _.;_„..^L„.;.„U„.„„.U„.;„„„;„„.^^^
| 2011-12-23 12:16:542 | 2011-12-26 12:17:382 | 3d QIi Om 29s | vzetbdnx | 151.197.27.32 jI 2011-12-23 00:41:522 1 2011-12-23 12:16:452 I Od llh 34m 50s fi vzetbdnx 1 68.163.45.228 jSI a !< n £ ..J| 2011-12-22 12:18:052 jj 2011-12-23 00:41:422 | Od 12h 23m 35s % vzetbdnx jl 70.110.204.59 ]
I 2011-12-21 18:10:02Z ^ 2011-12-22 12:17:562 | Od 18h 7m 51s | vzetbdnx | 70.110.217.80
I 2011-12-21 12:16:512 jj 2011-12-21 18:09:532 | 0d5Ii 53m Os | vzetbdnx | 70.110.190.1581 2011-12-21 03:56:442 | 2011-12-21 12:16:422 | Od 8h 19m 56s ij vzetbdnx | 70.110.219.621 201 1-12-21 03:44:252 1 2011-12-21 03:56:352 jj Od Oh 12m 9s 1 vzetbdnx jj 70.110.212.35I 2011-12-20 12:15:422 1 2011-12-21 03:44:162 | Od 15h 28m 31s | vzetbdnx jj 72.81.120.190| 201 1-12-20 11:07:542 1 201 1-12-20 12: 15:332 | Odlh 7m 39s " ' r!1 2011-12-20 04:17:392 | 2011-12-20 11:07:452 I Od 6h 50m 4s
| 2011-12-16 12:15:522 jj 2011-12-20 04:17:302 | 3d l6h 1m 19s f vzetbdnx | 68.163.46.160
vzetbdnx | 70.110.214.31
vzetbdnx | 68.163.60.215
I 2011-12-16 00;48:42Z| 2011-12-16 12:15:43Z J Od llh 26m 58s | vzetbdnx jj 70.1 10.223.16 |
I 2011-12-12 12:17:36Z | 2011-12-16 00:48;33Z j 3d 12h 30m 38s (fvzetbdnx ImilO^oIsi"""1
|2011-12-11 12:15:53Z 1 201 1-12-12 12:17:27ZJr0d24hlm 28s j vzetbdnx |70.110.218!l28 |1 2011-12-11 07:47:53Z |2011-12-11 12;15:44Z | Od4l\ 27m 50s I vzetbdnx | 70.110~211.99 '| 2011-12-11 05;42:06Z | 2011-12-11 07:47:44Z | Od 21i 5m 38s jj vzetbdnx |[ 72.81.127.242| 2011-12-10 12:15:47Z | 2011-12-11 05:41:58Z 1 Od 17h26m6s | vzetbdnx I 68.163.53.40
f| 2011-12-10 ll:07:44Z | 2011-12-10 12:15:382 | Od Ih 7m 54s | vzetbdnx | 70.110.213.230
| 2011-12-10 06:21:462 | 201 1-12-10 11:07:352 1 Od 41i 45m 49s |j vzetbdnx jj 68.163.49.90
I2011-12-1000:48:25z|2011-12-1006:21:37z|0d53i33mlls I vzetbdnx | 68.163.57.138
1 2011-12-09 12:17:382 ?} 201 1-12-10 00:48:16Z | Od 12h 30m 35s | vzetbdnx {! 68.163.50.192 |
1 2011-11-08 1 1:47:3 1Z jj 2011-12-09 12:17:29Z | 31d0h27m lis I vzetbdnx f 70.110.209.22 II 2011-11-02 15:39:14Z | 2011-11-08 11:47:22Z | 5d20h 7m 36s | vzetbdnx | 72.81.126.195 f
I 2011-10-27 11;15:542| 2011-11-02 15:21:11Z | 6d41i4m44s ll vzetbdnx 1 68.163.48.3 !i) » a i ii i
| 2011-10-27 10:31:48Z % 2011-10-27 11:15:45Z I OdOh 43m 56s | vzetbdnx | 72.81.123.223
| 2011-10-27 09:24:30Z | 2011-10-27 10:31:39Z I Od Ih7m9s p vzetbdnx | 68.163.58.189
:| 2011-10-27 08:08:132 jj 2011-10-27 09:24:212 jj Od Ih 16m 8s | vzetbdnx | 72.81.126.110
I 2011-10-26 23:45:212 If 201 1-10-27 08:08:032 1 Od 81i 22m 40s 1 vzetbdnx I 71.242.87.39>i i| j ;.! jj ;;
I 2011-10-23 11:17:312 | 2011-10-26 23:45:122 1 3d 12h 27m 22s | vzetbdnx | 68.163.49.13
! 2011-10-22 11:15:592 1 201 1-10-23 11:17:222 | Od 24h 1m 17s I vzetbdnx jj 68.163.48.54
I 2011-10-22 10:22:302 jj 201 1-10-22 11:15:502 I Od Oh 53m 20s | vzetbdnx 1 70.110.206.7
| 2011-10-21 11: 15:422 1 201 1-10-22 10:22:212 | 0d23h 6m 34s jj vzetbdnx | 70.110.201.216 \
12011-10-21 09:39:122 | 2011-10-21 11:15:332 1 Od Hi 36m2ls fvzetbdnx f 70.110.206.24 \5i a ii :s. ¦', 'ji
I 2011-10-21 05:46:142 1\ 201 1-10-21 09:39:032 I Od 3h 52m 49s I vzetbdnx | 151.197.5.120
1 2011-10-20 23:33:242 jj 2011-10-21 05:46:052 | Od6h 12m40s |! vzetbdnx | 151.199.252.91 j
| 2011-10-20 23:00:502 1 2011-10-20 23:33:152 | OdOh 32m24s | vzetbdnx | 68.163.45.154 )
| 2011-10-17 11:16:002 | 2011-10-20 23:00:412 | 3d llh 44m 22s | vzetbdnx | 68.163.59.251 |
p 2011-10-17 06:47:062 jj 2011-10-17 11:15:512 1 0d4h 28m45s | vzetbdnx | 70.110.197.235 jj
| 2011-10-15 11:15:502 1 201 1-10-17 00:46:562 | 0d43h 30m 57s | vzetbdnx ji 70.110.208.165 jj
I 2011-10-15 03:23:032 jj 2011-10-15 11:15:412 jj OdTh 52m 36s I vzetbdnx jj 72.81.124.107 jj
jf 201 1-10-15 01:38:322 | 201 1-10-15 03:22:542 I Od Ih 44m 21s jj vzetbdnx | 151.197.27.41 |
|2011-10-14 18:15:252 1 2011-10-15 01:38:232 jj Od 7h 22m56s | vzetbdnx jj 70.110.204.254
I 2011-10-12 11:15:442 | 2011-10-14 18:15:162 | Od 54h 59m 20s | vzetbdnx | 70.110.216.245 j
| 2011-10-12 09:23:492 jj 2011-10-12 11:15:352 | Odlh 51m 46s | vzetbdnx jj 151.197.5.184 i
I 2011-10-12 01 :34:11Z jj 2011-10-12 09:23:40Z | Od 7h 49ra27s i| vzetbdnx |{ 70.110.198.237 |
f2011-10-ll 11:16:56ZJ 201 1-10-12 01:34:02ZJ0dl4hl7m3s ("vzetbdnx | 151.199.248.19 j| 2011-10-11 09:51:532 ]! 2011-10-11 11:16:46Z |"od Ih 24m53s | vzetbdnx I 68.163.60.246 ||1 2011-10-08 11:16:49Z j[ 201 1-10-11 09:51:452 J 2d22h34m40s | vzetbdnx j 70.110.221.194 I| 2011-10-08 ll:14:46Z|2011-10-0811:16:40Z|0d0hlm53s f vzetbdnx || 71.242.86.105 || 2011-10-01 ll:l5:35Z|2011-l0-0811:l4:37Z|6d23h58m24s 1 vzetbdnx jj 70.110.199.204 1| 2011-09-28 16:16:06Z |i 2011-10-01 11:15:26Z I 2d 18h 59m5s | vzetbdnx I 7ail0.206.229 ij
f
| 2011-09-22 16:36:14Z H 2011-09-28 16:15:57Z | 5d 23h 39m lis I vzetbdnx fi 151.197.5.250 I
| 2011-09-21 21:36:492 jj 201 1-09-22 16:36:052 f Od 18h 59m 12s | vzetbdnx I 151.197.27.236 !!
VZID Session List for Albert WhiteheadStart Date : 2011-12-15 00:00:002Stop Date : 2012-07-30 00:00:002User ID : vzel98ekm
Total Sessions : 3
| Start Time I Stop Time Ij Duration | IPAddress 1
I 2012-06-19 06:28:552 | ;J44d6h0m43s ij 72.78.191.60 I1 2012-03-04 13:20:47Z | 2012-06-19 05:46:30Z ji 106d 121i lm30s p 108.36.71.163 |
I 2011-12-21 17:36:14Z 1 2012-03-04 11:41:402 I 73d 18h 5ra26s 1 108.16.120.35 |
Exhibit F
Folder: Becky_Fabian Yahoo
Subject: SUNSCAM VACATIONS
Date: Wed, 24 Aug 2011 10:46:41 -0400 (EDT)From: [email protected]
To: becky_fabian(S)yahoo.com
Message-ID: <[email protected]>MD5: 36406a3952548f2fl01657cbl3e634dlStatus: read
Attachments: [Source Header]
Becky:
I can assure you that you have every right to cancel your SunScam Vacations membership.
Moreover, it is virtually impossible to use, as a practical matter, those membership weeks unless you'rewilling to spend $1,100-$13,000 per week and NOT be able to pick where and when you vacationsbecause it's a Hobson's choice multiple destination procedure! BAD NEWS!
Pleaser read your private Facebook messages AND the Facebook page comments and follow all theadvice. If you have ANY questions, please do not hesitate to contact me by email or by private messageon Facebook. (Be careful what you reveal on the Boycott page because SunScam Vacations reads thepage daily because they KNOW they are a dirty and shady company.
Best of luck and please keep us informed.
John Flannagan - one of Facebook page administrators
Page#l
SUNSCAM VACATIONS.txtX-Apparently-To: becky_fabian(ayahoo.com via 98.138.226.64; Wed. 24 Aug 201107:46:48 -0700Return-Path: <johnf08081@aol .com>Received-SPF: pass (domain of aol.com designates 205.188.105.144 as permittedsender)X-YMaillSG: O07vd7sWLDspr41wS2EL.uomBFJUbBM0blt8a9TRbOb0YGzn
lJBuLQLVroueWyBasAfo9Yxhg2fdKXlgsjAglz448lLpK82gai .ScfedOWSBdkv5l . JSNY62XAqK_8hqP0wkRryElvf90mog8QcZtG3Q. hpSq2mzrV.X4st8xEPG4DbqvyyZEyor . U6AJ s . zjeypxnffjTflBz6yKVqCoTxuCnRc0RcGGThNF0_aYHixetF_eDl7xd_hqTl0avoCwl .qz617nc8qvliufelYhrXKyVKHKoNv6fRXXVMOFg035jDZCli36WzlQwZUgi2rf8Kw3gz9gLMoOEKWNZmi .DmtAJJfUn52iQVf3zN.AGryVs_yGX_JBELFBl71p3CGOW2fti3qxu3EvGAHeAwJpwpvx5YyPBzDlvNc6bnumqlcGXpxiL3Q4_VA3cyVQYrC9lvurbSS„CHWC0FldxBmJ69uXlwduaxgMFyre2aFx_K0YGxD_j7PoKgfferl4fMAX.0Ec23cYQhr_EK3hQx2kbV3FulA6GnuZmXQMkveuziqWgaUU_3eWB2zMZ7gi5F3HyeOlpVNOw903gRoYIP9Y9hc08ihl2_eJlBrUwlz0YgGO8o8Ehf9z_Uubw4sDi33u9uLsMh04b6XupEN_6DW57oNB7MMZFOmvy5WkPA2MHAN0OLd4UB3FwajWRO3y5kp.X5fIK03vbjLKrUGwanvx4nEEm.Pmdc5wh6yGzzM6Fqe2Cx4_Md49xuyzRLZDXf66Jy3cBaqE8lardrnB4Es6z0vtx6xfYZ.z0xdgrc7_.odDVmUNAel .Vwe3uzl6mPheHo3PUaNxrnRleVtsiTRxEg.YxTwJV23BCXpRWfZNpmrYmF3HmEr6v8.2KXamj UTo5YSdv92li KHeSNENol 4fLhu2THz2dH . SlXLfnfuWUi dshRgqT2wFOshPZawSqlWwGKmRQYRMQUl BOsDeRXCHc_RAdwekJCJQlsgl 3bH8hsGUyTRRWDc9Odh46WvtgvVoC6Rzp0i qOl S6qOLHaENKj 2XHctuBAEq_d . 7_HBlwPD6QSzwPP6YwAyer . RQA6Ej Hi URoazQBhThcdj ROEybti u5kw27vmluwAoT
X-Ori gi nati ng-lP : [205 . 188 . 105 . 144]Authenti cati on-Resul ts : mtallSl . mai 1 . bf1 . yahoo . com f rom=aol . com ;domainkeys=neutral (no sig); f rom=aol .com; dkim=neutral (no sig)Received: from 127.0.0.1 (EHLOimr-da02.mx.aol.com) (205.188.105.144)
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for <[email protected]>; Wed, 24 Aug 2011 10:46:41 -0400 (EDT)From: JohnF08081(aaol .comMessage-ID: <6fcal.96376b3.3b8668dl@aol .com>Date: Wed, 24 Aug 2011 10:46:41 -0400 (EDT)Subject: SUNSCAM VACATIONSTo: becky_fabian(ayahoo.comMlME-version: 1.0Content-Type : mul ti part/al ternati ve ;boundary="partl_6fcal.96376b3.3b8668dl_boundary"
X-Mailer: AOL 9.6 sub 5002X-ori gi nati ng-IP : [68 . 163 . 49 . 13 5]x-aol -global-disposition : GX-AOL-SCOLL-SCORE : 0:2: 458312704 : 93952408X-AOL-SCOLL-URL_COUNT: 0x-aol-sid: 3039acld290b4e550edll76aContent-Length: 2610Status: RO
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Page 1
Exhibit G
Folder: Becl<y_Fabian Yahoo
Subject: SUNDANCE VACATIONS
Date: Fri, 16 Sep 2011 17:35:46 -0400 (EDT)
From: [email protected]
Message-ID: <[email protected]>
IVID5: dde97cf091881d87fd685ab8bf8e264d
Status: read
Attachments: [Source Header]
Hello Becky:
I am one of the administrators of the Boycott page. If there is anything that l/we can do to assist you indealing with Sundance Vacations please do not hesitate to contact us. We ask NOTHING in return exceptthat you "like" the page, remain a Boycott page member and spread the word amongst your family,
friends, co-workers and other associates.
Thank you,
John Flannagan
Page#l
SUNDANCE VACATIONS.txtX-Apparently-To: [email protected] via 98.138.226.100; Fri, 16 Sep 201114:35:53 -0700Return-Path : <johnf08081@aol . com>Received-SPF: pass (domain of aol.com designates 205.188.91.95 as permittedsender)x-YMaillSG: RftMLGOWLDsr7RMHS3uB8NeByla5szkBfy_8m5NefQj7giPu
NLKexLTqm98YU6pk0bLTalp9GHhpRHPValySSOQQuc9NFpcQQh66Vw3dtolhbGfQeNyruyTwcyQEl9spsPMOCHAz3bqueahBDKdg8jnDoN4HN6KwtjWMwQFsfzwnOeWl7o314VA_FEyRqG2q6NyjDhZY9_9P0ClMeWlzS6Cm_BKHX3L7xPc70mi60Sgiroa2M8mc5EzfjVKaQk7tvHQLE3MT0jPR33CV4vW56aBd_cBmiP0MQQTvf33vacVtqo7HvywWaP5mMm2fzrpsNLzmi SUrqhxxefb411 pQupiT6uRdcSm9NsU3ra75GVXkSq0.6Sbbr22_XFuMHaNb4wivv3iSjfSfhznDKClWi8eoliHEHEndiFDod8274Ghq8L30dRThk8JBQZxqZxtfF_gfmdLq4KpA2w8GjfPgz_bYQjk.S037ezPz6z32UR5e2sBl4PSWpzg9X5XP7z7Sx3EYzcOoHhvCPhQeRRhsmpqu_XWZ8a4Tn2b33Yb5wl2duPVjLUAWRiOjRu3k_gLreCDPUrS6xlKlbfYaTFlyV4.65sa5qeKO5tWOoPDk0w.l0Usl3Nb9i_linnSbBAtlyocSZOyFft6c4FOaVneKMhLt_R5qwz2UGlepezncgF2zbl3jRTj9mWngfh2jtDRYAiuSm_mxxkvaUznSuFkXOzTrvtbdcNT47d2MAnPKOe8MssyrXGRactNTxj6xuyxzoEg5OYlYyBs3DqfUuJkZqluv4Qoly0vrg_3nedkSlsLeuaUUjEP9ui00fCPlmGTpqH6Gn3nl9Vqtsm.ky8BPOkJi0fJarMa6aa7CsBqkwaxiwwmDY.ej8U9DGjlWiRJYzP6w4gj3w38wPShVqGQ3Jvgov2SgKXvy_GfUSGwVXGAckCc6y|V!JUp71jN0DTQ0n48lZl8S8rjZeB7BFthMivZEl7v3a_9TStv45Gh7jUSMYfL2JD4qcFcjEORMMl402LcjdBb5t9PPDgQeAY2.FHNgncglc0HwUvx9xeF9LBf6h6r0.l53CJWvgE.PLF7LRlpIbYQGOzTrF5FVMsvgH9weMuBdQ-
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for <becky_fabian(ayahoo.com>; Fri, 16 Sep 2011 17:35:46 -0400 (EDT)From: [email protected]: <19005 .74de91ff . 3ba51b32@aol .com>Date: Fri, 16 Sep 2011 17:35:46 -0400 (EDT)Subject: SUNDANCE VACATIONSTo: [email protected]: 1.0Content-Type : mul ti part/al ternati ve ;boundary="partl_19005 . 74de91ff . 3ba51b32_boundary"X-Mailer: AOL 9.6 sub 5002x-ori gi nati ng-lP : [68 . 163 . 53 . 247]x-aol -global -disposition: GX-AOL-SCOLL-SCORE: 0:2:381683680:93952408x-aol-scoll-url_count: 0x-aol -si d: 3039acld33894e73cl3212a8Content-Length: 3858Status: RO
x-Folder: Becky_Fabian Yahoo
Page 1
Exhibit H
From; JohnF08081Paol.com [mailto:JohnF08081(S)aol.com1Sent: Thursday, March 31, 2011 6:28 PMTo: Patrick McVerry; Marc RussinoffSubject: SUNDANCE VACATIONS
To Whom It May Concern:
I am one of the administrators of the "Boycott Sundance Vacations" Facebook page. Created because of amyriad of horror stories from people who were taken in and we thought it would be helpful to bring everybodytogether to exchange information and ideas on how to deal with this scam.
http://www.facebook.com//pa.ges/Bovcott-Stindance-Vacations/172805 172735470
Attached are 4 self-explanatory documents, all in MS Word Format. Each of the following has also been sent bysnail-mail so to speak. (Hard copies)
(1) Individual complaint by Susie Hassan Jones to the Pennsylvania Bureau of Consumer Protection. Susieis a former journalist and news anchor. Susie is now an on-air sales representative for QVC. Susie's e-mail is: [email protected] Susie is available for further verification.
(2) Susie also submitted an additional 15 complaints to the Pennsylvania Bureau of Consumer Protection.Each complainant is identified by name, address, city & state with detailed circumstances of eachindividual complaint.
(3) Letter to the Ohio Attorney General.
(4) Facebook comment of Rebecca Rudloff-Kowalski, a former 6-year employee of Sundance Vacations.Rebecca's e-mail is: pizzwit 1 [email protected] Rebecca is available for further verification.
I/we categorically believe that Sundance Vacations flagrantly violates the "Do-Not-Call" legislation, inconjunction with various other state and Federal consumer protection provisions. This nefarious company hasbeen scamming the proletariat for years, despite private law suits and intervention by various regulatoryagencies and numerous complaints to the BBB. All to no avail because the company is motivated by angrydefiance and greed!
I am reminded of a profound quote: "All that is necessary for the triumph of evil is that good men do nothing."Edmund Burke
The economic hardships caused by this company are pure evil, literally!
If there are any questions my e-mail is: JohnF0808 1 @aol.com
No virus found in this message.Checked by AVG - www.avq.comVersion: 10.0.1321 /Virus Database: 1500/3594 - Release Date: 04/24/11
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|COMPL.4INT FILED BY: SUSEE JONES292 Iron Lake De/ Elton, Pa 19341
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MEMORANDUM
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Exhibit I
From: [email protected] [mailto:[email protected]]Sent: Wednesday, April 20, 2011 05:42 PMTo: Preston, Michael; Gullett, Mark; Meli, Larry; Stuart, AmberSubject: SUNDANCE VACATIONS
I/we understand that your organization is affiliated with Sundance Vacations aka Travel Advantage Network(TAN). However, I/we felt that it was only fair to let you know exactly what Sundance Vacations is all about,to advise you of the possible repercussions ofbeing aligned with them and to beseech you address this issue.Sundance Vacations was the subject of a consumer investigation by Jeff Gelles, consumer reporter for thePhiladelphia (PA.) Inquirer. The article was published on Sunday August 9, 2009. (Copt attached in PDF)
What they do, in a nut shell, relevant to your organization/brand, is occupy an area in your building where theSundance Vacations representatives aggressively solicit consumers to fill-out a sweepstakes entry form inorder to harvest and call phone numbers in violation of the Do-Not-Call legislation as detailed in the attachedarticle by Natasha Shabani, an attorney with Rutter Hobbs & Davidoff in Los Angeles. (Attached in MS WordFormat)
It is inconceivable to us that such a reputable organization as yours would associate itself with such a nefariouscompany. I/we would like to believe that despite any financial benefits that your organization may receive, wecannot believe that you are aware of the various harms that Sundance Vacations has caused so many hundredsof unwary consumers. Consequently, I/we are forwarding the following links and beseech that you PERUSEthose links. If you follow our respectful suggestion, you will be left with only two plausible conclusions:
(1) Either all those hundreds of consumers are telling the same lies; or,(2) They're all telling the same truths!
Naturally, some of the Internet comments come from disgruntled employees, (albeit disgruntled employeescould very well be telling the truth) litigious public, irate clients and plagiarism by some authors. But in the
i
final analysis, either they're all telling the same lies, or they're all telling the same truth. I/we can assure youthat the latter is the case.
Bottom line, your organization is being associated with a nefarious company known for its' high pressure andunethical vacation sales tactics, notwithstanding that the product/service is sold with material misrepresentation,both by commission and/or omission.
All links are self-explanatory written by consumers from all walks of life encompassing five states. I reiterate,for the most part, either they're all telling the same lies; or, they're all telling the same truths! Judge for yourself
because Sundance Vacations is very adept at self-promotion, such as seeking credibility by mentioning (in allthere sales presentations) their affiliation with your organization.
Flyers & 76rs Game Sundance Travel Scam
Sundance Vacation weeks costs in excess of $1,100
Boycott Sundance Vacations Facebook page
Rip-off Report.com
Who Calls Me 800-291-0500
The prize fight - chicagotribune.com
Sundance Vacations Sweepstakes Vs Do Not Call
Sundance Vacations Propaganda
Sundance Vacations - Hasbrouck Heights
Independent Traveler Complaints Board
Sundance Vacations Yed.da.com
That Sundance Vacations cruise is a hoax
The GateHouse
Legal Matters
In July, 2005 Sundance Vacations was investigated by the state ofNew Jersey for failure to comply with
Federal and state minimum wage laws. The investigation resulted in 32 employees being paid a total of
$19,762.62 in back wages. The company also paid administrative fees of $1,976.26 and penalties of $3,000.
On August 1 1, 2006, a Federal Civil Rights violation was filed against Sundance Vacations in the Eastern
District of Pennsylvania citing discrimination. The case was settled out of court. ED.PA. NO. 05-CV-04193
On November 6, 2006, a consumer fraud civil law suit was filed against Sundance Vacations, Inc. and
Sundance Vacations Network, Inc. The fraudulent misrepresentation claim was filed in the Superior Court of
New Jersey, Bergen County, docket number L-8256-06. The civil suit detailed numerous violations of N.J.S.A.
56:8 et seq. of the New Jersey Consumer Fraud Act, by utilizing "false pretenses through the use ofunconscionable commercial practices." The case was settled out of court.
On May 29th, 2010 Sundance Vacations entered into an "Agreement" with the New Jersey Division ofConsumer Affairs, Office of Consumer Protection and Nicholas Kant, Deputy Attorney General. (Copyattached) Sundance Vacations is in repeated violations of that signed "agreement."
I/we could go on ad infinitum but that would be redundant. Consequently, I strongly urge that you PERUSE allthis material, including the hyperlinks, and then draw your own conclusions.
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Version: 10.0.1321 /Virus Database: 1500/3594 - Release Date: 04/24/11
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Fteriove ProDerJes and P&TCnal irSorrr-ation
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Page: 1 of3 - W0ra>.A^O : ^1 .
Exhibit J
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Original Message
From: PhilaPa312(5)aol.com [mailto:PhilaPa312(g)aol.coml
Sent: Wednesday, March 07, 2007 3:19 PM
To: Rienninqs(a)kolmanlaw,net
Cc: idowdOvacmail.comSubject: Writ of Summons
March 7, 2007 Certified Mail No. 7006 2150 0003 2677 8097
Ms. Donna A. Walsh
Myers, Brier & Kelly, L.L.P,
425 Spruce Street - Suite 200
Scranton, PA. 18503
Albert Whitehead
842 No. 27th StreetPhiladelphia, PA. 19130
In Re: Whitehead v. Sundance Vacations, Inc. et al. - Civil Action No.: 05-4193
Dear Ms. Walsh:
As of this writing I am unaware of any documented withdrawal of the Writ of Summons number 7021 filed in
Luzerne County on or about June 30, 2006. Since the withdrawal is part of the settlement agreement I request
that such be documented.
If the Writ of Summons remains active I will consider that to be a breach of the settlement agreement and I will
respond accordingly.
Thanking you, in advance, for your attention to this matter.
Sincerely yours,
ALBERT WHITEHEAD
AW/aw
Cc: Rufus A. Jennings - via e-mail
John Dowd - via e-mail
file
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CERTIFICATE OF SERVICE
I, NICHOLAS F. KRAVITZ, hereby certify that a true and correct
copy of the foregoing Petition for Preliminary Injunction was served upon the
following counsel of record by electronic and first-class mail on this 20th day of
September 2012:
Matthew J. Carmody, Esquire
Elliott Greenleaf & Dean
39 Public Square
Suite 1000
Wilkes-Barre, PA 18701
Nicholas F. Kravkz
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