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IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY

SUNDANCE VACATIONS, INC., Plaintiff,

NO. 12-CIV-8006
v.

ALBERT WHITEHEAD,

fO

Defendant.

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.)

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 "JohnF08081@aol.com" originated are the same IP addresses assigned by Verizon to Mr. Whitehead's home:

Email Message

Originating IP Address

IP Address Assigned

Date and Time August 24, 201 1 at 10:46:41 EDT September 16, 201 1 at 17:35:46 EDT

to Whitehead's Home2
68.163.49.135 68.163.53.247

68.163.49.1353
68.163.53.2474

(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 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. (Cheng Aff. % 10.)

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.

Specific Reference

Whitehead?

Susie Individual Complaint Group Complaint Submitted by Susie


Anonymous to the Ohio Attorney

Yes Yes Yes

Last Modified By: "Albert Whitehead" Last Saved by: "Albert Whitehead" 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

Specific Reference

Whitehead? Sundance Vacations Inquirer 8.9.09


Sundance Agreement 5.20.2010
Yes

Author: "Albert Whitehead" Authors : "Albert Whitehead"


Last Saved By: "Albert Whitehead"

Yes

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.

21.

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 n h^-

jJ-^A- *<?
/c..'-. >7 ^

fi '>fiS-1l-'>'"<:i
<- " 2."^C

Exhibit A

IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY


SUNDANCE VACATIONS, INC.,
Plaintiff,

CASE NO.

ALBERT WHITEHEAD,
Defendant.

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 Market ing, 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 numero us false,

defamatory and disparaging anonymous messages that Mr. Whitehead posted


online concerning Sundance Vacations and Sisk. The action is dockete d 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 finalize d 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 Agreeme nt %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 Settleme nt

Agreement. (See Declaration of Albert 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 JohnF08081@aol.com, sent email messages to a custome r 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

JohnF08081@aol.com 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 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.

(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.

John Dowd
Sworn to and subscribed before me this

I '/

day of September, 2012

Notary Publfc"^
My Commission Expires: yW' -V^ *7 ' 3

ROMALD VACCARO, JR., Moiasy Public

NOTARIALSEAL "

'

'"1

Exhibit B

IN THE COURT OF COMMON PLEAS


OF LUZERNE COUNTY

SUNDANCE VACATIONS, INC.,


Plaintiff, CASE NO.
v.

ALBERT WHITEHEAD,
Defendant.

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 of my 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 August 24, 201 1 at 10:46:41 EDT

Email Originating IP Address

IP Address Assigned to Whitehead Home 68.163.49.135

68.163.49.135 68.163.53.247

September 16, 201 1 at 17:35:46 EDT

68.163.53.247

8.

I also examined email messages sent by JohnF08081@aol.com

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.

11.

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

Specific Reference

Whitehead?

Susie Individual Complaint Group Complaint Submitted by Susie

Yes
Yes Yes

Last Modified By: "Albert Whitehead" Last Saved by: "Albert Whitehead"

Anonymous to the Ohio Attorney

Authors: "Albert Whitehead" Last Saved by: "Albert Whitehead"


Last Modified By: "Albert Whitehead"

Facebook Comment

Yes

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 Sundance Agreement 5.20.2010

Yes
Yes

Author: "Albert Whitehead"


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 JohnF08081@aol.com 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 mPemmivtAmA NOTARIAL SBM.

CAR&A. KaLEHER, Notary Public C%e? Scfwio^ljckawanna County


My Csmfflissfan EpifBS June 6, 201 5

00058374

Exhibit C

SETTLEMENT AGREEMENT

THIS SETTLEMENT AGREEMENT (hereinafter "the Agreement") is made and

entered into on this

6? day of Sep 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 of business 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


Accordingly, counsel for

the Action shall be marked setded, discontinued and ended with prejudice.

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 any internet ate. mteneaa on anv internet site.

,,

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10.

Confidentiality. It is understood and agreed by and between the parties that

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.

11.

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 of SepfeeaiDer 2006.

ALBERT WHITEHEAD

SUNDANCE VACATIONS, INC.

V>o,

ffiLP^
BY:

/\
4JPage 8 of 9

fte

WITNESS

TITLE

DOWD MARKETING, INC.

^
WITNESS

O-

yl

Pir&/

BY:

TITLE:

JOHN DOWD

lpAArA>
WITNESS
JERRY SISK

rNr WITNESS

Page 9 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALBERT WHITEHEAD,

Plaintiff,

NO. 05-CV-04193 SUNDANCE VACATIONS, INC., JUDGE DAVIS

DOWD MARKETING, INC., JOHN DOWD and JERRY SISK,

Defendants.

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 As a member of AOL, I was able to utilize up to seven other screen
I selected and

screen name " novnog."

names or pseudonyms at a time to browse and post messages on the internet.

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 of Pennsylvania
County ofLuzerne
SI JNDANCF, VACATIONS, INC. vs.
ALBERT WHITEHEAD

Ns 4032

12-CV-8006

SUBPOENA TO PRODUCE DOCUMENTS OF THINGS


FOR 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:

B Y THE COUR I :
By :

-ox/- rrtrc r^ tot-

Oo&aa-A. Walsh,.squireAttorney's Name


74833

(Prothonotary)
_, ,

c Myers, Bner & Kelly, LLP, 425 Spruce Street, Suite. 200] Scranton. PA 1 8503
Address

.,

_ .

J^^t 5" 49?

DATE:

]M\\ 1*0^\

(570) 342-6100
iMSPMer ance
Attorney for Vacations, Inc.

Seal of the Court

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 PLEAS OF LUZERNE COUNTY, PENNSYLVANIA


SUNDANCE VACATIONS, INC.,
Plaintiff,

CASE NO. 12-CV-8006

ALBERT WHITEHEAD,
Defendant.

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 of my 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 Compliance TXD01613 2701 S. Johnson St. SanAngelo, TX 76904 Voice: 888-483-2600 Fax 325-949-691 6

Verizon Case # 12275571

Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & Kelly LLP

Attorneys for the Plaintiff Sundance Vacations Inc. vs. Albert Whitehead
Signed 7/12/2012

Business Records Affidavit


I, Christine Gardener, being duly sworn, deposes and says: I am the custodian of records for Verizon, and in that capacity, I ceitify that the attached records are true and accurate copies of the records 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 made contemporaneously with the ti-ansaction and events stated therein, or within a reasonable time thereafter.

I have provided Donna A Walsh, Esquire, the subscriber records as requested to include IP Address, 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 the
response document.

tf

A Execuic-d or; August 1. 2012

K*f

Chrisime Gsirdener. Cocsulumt Net Ops

s^

AugUSt 1, 2012

Legal Compliance
TXD01613 2701 S. Johnson Si. San Angalo, TX 76304 Voice: 888-483-2600 Fax 325-949-6916

Verizon Case #12275571

Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier 8c Kelly LLP Attorneys for the Plaintiff Sundance Vacations Inc. vs. Albert Whitehead
Signed 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 13:48:38Z


IP Address: 68.163.53.247 Start Time: 2011-09-13 10:46:11Z Stop Time: 2011-09-21 21:35:38Z VOL Account Number: 0063909960386 Account 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: 03/19/2012
VOL User ID: vzetbdnx

VOL Account Number: 0118739285494 Account Creation Date: 12/19/2011 Customer Name: Albert Whitehead Account Address: 842 N 27 ST Philadelphia, PA 19130

Daytime TN: 2152351308 Evening TN: 2152058160


Payment Method: Invoice

VZ FiOS Consumer Internet Plan/ Active


VOL User ID: vzel98ekm

August 1, 2012

Verizon Case # 12275571

Legal Compliance TXD01613 2701 S. Johnson St. San Angslo, TX 76304 Voles: 888-483-2600 Fax 325-949-6916

Re: Subpoena Per Court of Common Pleas Luzerne County, PA Myers, Brier & KeDy LLP Attorneys for the Plaintiff Sundance Vacations; Inc. vs. Albert Whitehead
Signed 7/12/2012

IP Session logs are reflected in GMT

VZID Session List for Kathy Whitehead Start Date : 2011-09-22 00:00:00Z Stop Date : 2012-03-19 0O:O0:00Z User ID : vzetbdnx Total Sessions : 89

Start Time

Stop Time

Duration

;f User ID |

IPAddress

I 2012-02-15 18:31:44Z | 2012-03-19 09:50;22Z f 32d 15h 15m 33s | vzetbdnx]! 70.110.201.252 I
I 2012-02-10 21:07:25Z | 2012-02-15 18:31:34Z i 4d 21h23m45s | vzetbdnx !| 70.110.203.30
T

ij 2012-02-05 14:12:29Z I 2012-02-10 21:07:16Z I 5d 6h 54m 20s

t vzetbdnx | 68.163.44.121

I 2012-01-29 12;15;49Z 1 2012-02-05 14:12:20Z f7d Ih 55m 54s


*}

| vzetbdnx | 70.110.195.10 |
sj vzetbdnx (i 70.110.215.159

12012-01-29 01:43:3 1Z ;; 2012-01-29 12:15;40Z I Od lOh 32m 7s I vzetbdnx I 151.199.254.194 I 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 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

vzetbdnx | 151.199.253.95 I

| 2012-01-15 12:15:55Z | 2012-01-18 20:28:47Z :i 3d 81i 12m 35s | I 2012-01 15 10:13:27Z | 2012-01-15 12:15:46Z 1 Od 2h 2m 18s
I 2012-01-15 08:37:42Z | 2012-01-15 10:13:18Z I Od Ih 35m 36s
1 2012-01

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 | I vzetbdnx | 70.110.223.67
i'V;i^^',Vi;t;t.,:-Nv;';<v;>tN-:-;*;-;-N'K\-.;-i

I 2012-01-11 20;37:45Z | 2012-01-13 12:18:01Z 1 0d39h40m7s

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 68.163.49.223
1 2012-01-04 11:38:532 jj 2012-01-04 12:15:542 | Od Oh 37m Is I 2012-01-04 10:56:07Z jj 2012-01-04 1 1:38:432 f Od Oh 42m 36s | vzetbdnx | 71.242.89.216 | 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


;r

| vzetbdnx 1 72.81.124.90
vzetbdnx | 70.110.221.71 j

1 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 ?> | vzetbdnx | 70.110.212.50

I 2012-01-02 12:15:422 1 2012-01-03 22:12:492 | Od 33h 57m Os

| 2012-01-02 05:05:582 jj 2012-01-02 12:15:332 | 0d7h9m34s

| 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 \
3

I 2012-01-02 00:57:472 (! 2012-01-02 02:00:412 | Od Hi 2m 54s H


;|

li vzetbdnx I 70.110.191.64 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 | 68.163.50.17 1 2011-12-28 01:12:152 ij 2011-12-28 12:15:462 | Od llh 3m 28s | vzetbdnx | 68.163.51.231 s! 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 j p _.;_..^L.;.U..U.;;.^^^ | 2011-12-23 12:16:542 | 2011-12-26 12:17:382 | 3d QIi Om 29s | vzetbdnx | 151.197.27.32 j
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I 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 a !<
n | vzetbdnx | 70.110.217.80

| 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

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I 2011-12-21 12:16:512 jj 2011-12-21 18:09:532 | 0d5Ii 53m Os

| vzetbdnx | 70.110.190.158

1 2011-12-21 03:56:442 | 2011-12-21 12:16:422 | Od 8h 19m 56s


1 201 1-12-21 03:44:252 1 2011-12-21 03:56:352 jj Od Oh 12m 9s

ij vzetbdnx | 70.110.219.62
1 vzetbdnx jj 70.110.212.35
vzetbdnx r! 70.110.214.31 " ' |

I 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
1 2011-12-20 04:17:392 | 2011-12-20 11:07:452 I Od 6h 50m 4s

vzetbdnx | 68.163.60.215

| 2011-12-16 12:15:522 jj 2011-12-20 04:17:302 | 3d l6h 1m 19s f vzetbdnx | 68.163.46.160

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
f| 2011-12-10 ll:07:44Z | 2011-12-10 12:15:382 | Od Ih 7m 54s

| vzetbdnx I 68.163.53.40
| 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
1 2011-12-09 12:17:382 ?} 201 1-12-10 00:48:16Z | Od 12h 30m 35s

I vzetbdnx | 68.163.57.138
| 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 I


I 2011-11-02 15:39:14Z | 2011-11-08 11:47:22Z | 5d20h 7m 36s
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| vzetbdnx | 72.81.126.195

f
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I 2011-10-27 11;15:542| 2011-11-02 15:21:11Z | 6d41i4m44s


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ll vzetbdnx ii 68.163.48.3 1 i
| vzetbdnx | 72.81.123.223

| 2011-10-27 10:31:48Z % 2011-10-27 11:15:45Z I OdOh 43m 56s

| 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


>i

| vzetbdnx | 72.81.126.110
1 vzetbdnx I 71.242.87.39 jj ;; I vzetbdnx jj 68.163.48.54
| vzetbdnx 1 70.110.206.7

I 2011-10-26 23:45:212 i| 201 1-10-27 08:08:032 ;.! Od 81i 22m 40s If 1 j

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 2011-10-22 10:22:302 jj 201 1-10-22 11:15:502 I Od Oh 53m 20s

| 2011-10-21 11: 15:422 1 201 1-10-22 10:22:212 | 0d23h 6m 34s


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jj vzetbdnx | 70.110.201.216 \

12011-10-21 09:39:122 a 2011-10-21 11:15:332 ii Od Hi 36m2ls | 1

fvzetbdnx ', 70.110.206.24 '\ f :s.


ji

I 2011-10-21 05:46:142 1\ 201 1-10-21 09:39:032 I Od 3h 52m 49s 1 2011-10-20 23:33:242 jj 2011-10-21 05:46:052 | Od6h 12m40s

I vzetbdnx | 151.197.5.120 |! vzetbdnx | 151.199.252.91 j

| 2011-10-20 23:00:502 1 2011-10-20 23:33:152 | OdOh 32m24s


p 2011-10-17 06:47:062 jj 2011-10-17 11:15:512 1 0d4h 28m45s

| 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

| 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

jf 201 1-10-15 01:38:322 | 201 1-10-15 03:22:542 I Od Ih 44m 21s |2011-10-14 18:15:252 1 2011-10-15 01:38:232 jj Od 7h 22m56s
| 2011-10-12 09:23:492 jj 2011-10-12 11:15:352 | Odlh 51m 46s

jj vzetbdnx | 151.197.27.41 | 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 | 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 Whitehead

Start Date : 2011-12-15 00:00:002


Stop Date : 2012-07-30 00:00:002 User ID : vzel98ekm Total Sessions : 3

Start Time

Stop Time

Ij

Duration

IPAddress

I 2012-06-19 06:28:552 |

;J44d6h0m43s

ij 72.78.191.60 I

1 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:
From: To:

Wed, 24 Aug 2011 10:46:41 -0400 (EDT)


JohnF08081@aol.com becky_fabian(S)yahoo.com

Message-ID:
MD5:
Status: Attachments:
Becky:

<6fcal.96376b3.3b8668dl@aol.com>
36406a3952548f2fl01657cbl3e634dl
read [Source Header]

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're willing to spend $1,100-$13,000 per week and NOT be able to pick where and when you vacations because 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 the advice. If you have ANY questions, please do not hesitate to contact me by email or by private message on Facebook. (Be careful what you reveal on the Boycott page because SunScam Vacations reads the
page 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.txt

X-Apparently-To:
07:46:48 -0700

becky_fabian(ayahoo.com via 98.138.226.64;

Wed.

24 Aug 2011

Return-Path:

<johnf08081@aol .com>

Received-SPF:
sender)

pass (domain of aol.com designates 205.188.105.144 as permitted

X-YMaillSG: O07vd7sWLDspr41wS2EL.uomBFJUbBM0blt8a9TRbOb0YGzn lJBuLQLVroueWyBasAfo9Yxhg2fdKXlgsjAglz448lLpK82gai .ScfedOWSB dkv5l . JSNY62XAqK_8hqP0wkRryElvf 90mog8QcZtG3Q. hpSq2mzrV.X4st8 xEPG4DbqvyyZEyor . U6AJ s . zjeypxnffjTflBz6yKVqCoTxuCnRc0RcGGThN F0_aYHixetF_eDl7xd_hqTl0avoCwl .qz617nc8qvliufelYhrXKyVKHKoNv 6fRXXVMOFg035jDZCli36WzlQwZUgi2rf8Kw3gz9gLMoOEKWNZmi .DmtAJJf

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for <becky_fabian@yahoo.com>; wed, 24 Aug 2011 10:46:41 -0400 Received: from core-mqb002c.rl000.mail.aol.com (core-mqb002.rl000.mail.aol.com [172.29.192.133]) by mtaomg-ma04.rl000.mx.aol.com (OMAG/Core Interface) with ESMTP id
44053E0000A2

From:

for <becky_fabian@yahoo.com>; JohnF08081(aaol .com

Wed,

24 Aug 2011 10:46:41 -0400

(EDT)

Message-ID:

<6fcal.96376b3.3b8668dl@aol .com>
(EDT)

Date: Wed, 24 Aug 2011 10:46:41 -0400 Subject: SUNSCAM VACATIONS To: becky_fabian(ayahoo.com MlME-version: 1.0 Content-Type : mul ti part/al ternati ve ; X-Mailer: AOL 9.6 sub 5002

boundary="partl_6fcal.96376b3.3b8668dl_boundary"

X-ori gi nati ng-IP :

[68 . 163 . 49 . 13 5]

x-aol -global-disposition : G X-AOL-SCOLL-SCORE : 0:2: 458312704 : 93952408 X-AOL-SCOLL-URL_COUNT: 0

x-aol-sid: 3039acld290b4e550edll76a Content-Length: 2610


Status: RO

x-Folder:

Becl<y_Fabian Yahoo

Page

Exhibit G

Folder: Becl<y_Fabian Yahoo

Subject:
Date:
From: To:

SUNDANCE VACATIONS
Fri, 16 Sep 2011 17:35:46 -0400 (EDT)
JohnF08081@aol.com becky_fabian@yahoo.com

Message-ID:

<19005.74de91ff.3ba51b32@aol.com>

IVID5:
Status:
Attachments:

dde97cf091881d87fd685ab8bf8e264d
read
[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 in

dealing with Sundance Vacations please do not hesitate to contact us. We ask NOTHING in return except
that 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.txt

X-Apparently-To:
14:35:53 -0700

becky_fabian@yahoo.com via 98.138.226.100;

Fri,

16 Sep 2011

Return-Path : <johnf08081@aol . com> Received-SPF: pass (domain of aol.com designates 205.188.91.95 as permitted
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x-YMaillSG: RftMLGOWLDsr7RMHS3uB8NeByla5szkBfy_8m5NefQj7giPu NLKexLTqm98YU6pk0bLTalp9GHhpRHPValySSOQQuc9NFpcQQh66Vw3dtolh bGfQeNyruyTwcyQEl9spsPMOCHAz3bqueahBDKdg8jnDoN4HN6KwtjWMwQFs fzwnOeWl7o314VA_FEyRqG2q6NyjDhZY9_9P0ClMeWlzS6Cm_BKHX3L7xPc7 0mi60Sgiroa2M8mc5EzfjVKaQk7tvHQLE3MT0jPR33CV4vW56aBd_cBmiP0M QQTvf 33vacVtqo7HvywWaP5mMm2fzrpsNLzmi SUrqhxxef b411 pQupiT6uRd cSm9NsU3ra75GVXkSq0.6Sbbr22_XFuMHaNb4wivv3iSjfSfhznDKClWi8eo liHEHEndiFDod8274Ghq8L30dRThk8JBQZxqZxtfF_gfmdLq4KpA2w8GjfPg z_bYQjk.S037ezPz6z32UR5e2sBl4PSWpzg9X5XP7z7Sx3EYzcOoHhvCPhQe RRhsmpqu_XWZ8a4Tn2b33Yb5wl2duPVjLUAWRiOjRu3k_gLreCDPUrS6xlKl bfYaTFlyV4.65sa5qeKO5tWOoPDk0w.l0Usl3Nb9i_linnSbBAtlyocSZOyF ft6c4FOaVneKMhLt_R5qwz2UGlepezncgF2zbl3jRTj9mWngfh2jtDRYAiuS
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r0.l53CJWvgE.PLF7LRlpIbYQGOzTrF5FVMsvgH9weMuBdQX-Originating-IP: [205.188.91.95] Authentication-Results: mtal276.mail .mud.yahoo.com

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94877E000082

for <becky_fabian(ayahoo.com>;
From: JohnF08081@aol.com

Fri,

16 Sep 2011 17:35:46 -0400

(EDT)

Message-ID: <19005 .74de91ff . 3ba51b32@aol .com> Date: Fri, 16 Sep 2011 17:35:46 -0400 (EDT)
Subject: SUNDANCE VACATIONS To: becky_fabian@yahoo.com MIME-Version: 1.0 Content-Type : mul ti part/al ternati ve ; boundary="partl_19005 . 74de91ff . 3ba51b32_boundary" X-Mailer: AOL 9.6 sub 5002

x-ori gi nati ng-lP : [68 . 163 . 53 . 247] x-aol -global -disposition: G X-AOL-SCOLL-SCORE: 0:2:381683680:93952408
x-aol-scoll-url_count: 0

x-aol -si d: 3039acld33894e73cl3212a8 Content-Length: 3858


Status: RO

x-Folder:

Becky_Fabian Yahoo

Page

Exhibit H

From; JohnF08081Paol.com [mailto:JohnF08081(S)aol.com1


Sent: Thursday, March 31, 2011 6:28 PM To: Patrick McVerry; Marc Russinoff
Subject: SUNDANCE VACATIONS

To Whom It May Concern:

I am one of the administrators of the "Boycott Sundance Vacations" Facebook page. Created because of a myriad of horror stories from people who were taken in and we thought it would be helpful to bring everybody together to exchange information and ideas on how to deal with this scam.
http://www.facebook.com//pa.ges/Bovcott-Stindance-Vacations/172805 17273547 0

Attached are 4 self-explanatory documents, all in MS Word Format. Each of the following has also been sent by
snail-mail so to speak. (Hard copies)

(1) Individual complaint by Susie Hassan Jones to the Pennsylvania Bureau of Consume r Protection. Susie is a former journalist and news anchor. Susie is now an on-air sales representative for QVC. Susie's email is: susie2020@vahoo.com Susie is available for further verification. (2) Susie also submitted an additional 15 complaints to the Pennsylvania Bureau of Consume r Protection. Each complainant is identified by name, address, city & state with detailed circumsta nces of each
individual 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 1 129@hotmail.com Rebecca is available for further verification.

I/we categorically believe that Sundance Vacations flagrantly violates the "Do-Not-Call" legislation, in conjunction with various other state and Federal consumer protection provisions. This nefarious company has been scamming the proletariat for years, despite private law suits and intervention by various regulatory
agencies and numerous complaints to the BBB. All to no avail because the company is motivated by angry defiance 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.com Version: 10.0.1321 /Virus Database: 1500/3594 - Release Date: 04/24/11

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From: JohnF08081@aol.com [mailto:JohnF08081@aol.com] Sent: Wednesday, April 20, 2011 05:42 PM To: Preston, Michael; Gullett, Mark; Meli, Larry; Stuart, Amber Subject: 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 of being 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 the

Philadelphia (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 the Sundance Vacations representatives aggressively solicit consumers to fill-out a sweepstakes entry form in order to harvest and call phone numbers in violation of the Do-Not-Call legislation as detailed in the attached article by Natasha Shabani, an attorney with Rutter Hobbs & Davidoff in Los Angeles. (Attached in MS Word
Format)

It is inconceivable to us that such a reputable organization as yours would associate itself with such a nefarious company. I/we would like to believe that despite any financial benefits that your organization may receive, we cannot believe that you are aware of the various harms that Sundance Vacations has caused so many hundreds of unwary consumers. Consequently, I/we are forwarding the following links and beseech that you PERUSE

those 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 employees could 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 you
that the latter is the case.

Bottom line, your organization is being associated with a nefarious company known for its' high pressure and unethical 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 all
there 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 of New 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 of
unconscionable commercial practices." The case was settled out of court.

On May 29th, 2010 Sundance Vacations entered into an "Agreement" with the New Jersey Division of
Consumer Affairs, Office of Consumer Protection and Nicholas Kant, Deputy Attorney General. (Copy attached) 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 all
this material, including the hyperlinks, and then draw your own conclusions.

No virus found in this message.

Checked by AVG - www.avg.com Version: 10.0.1321 /Virus Database: 1500/3594 - Release Date: 04/24/11

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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.com
Subject: 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 Street


Philadelphia, 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

AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.

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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