Documente Academic
Documente Profesional
Documente Cultură
NO. 12-CIV-8006
v.
ALBERT WHITEHEAD,
fO
Defendant.
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.
2.
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.
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. 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.
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
5.
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
.... 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
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. . . .
6.
statements in any medium that in any way disparage Sundance Vacations. The Settlement Agreement states in pertinent part:
7.
each case, Mr. Whitehead uses assumed names or pseudonyms to disguise his
identity.
8.
public on the Facebook platform. As its name suggests, the page is dedicated to
9.
10.
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.
12.
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
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.)
13.
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.
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
15.
2 See Exhibit "E" attached hereto. 3 See Exhibit "F" attached hereto. 4 See Exhibit "G" attached hereto. 7
1 6.
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.
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
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:
Reference to Mr.
Specific Reference
Whitehead?
Last Modified By: "Albert Whitehead" Last Saved by: "Albert Whitehead" Authors: "Albert Whitehead" Last Saved by: "Albert Whitehead"
Facebook Comment
Yes
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:
Reference to
Specific Reference
Yes
Rebecca Rudloff-Kowalski
Yes
Yes
Yes
19.
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.
compelling Mr. Whitehead to comply with the Settlement Agreement and enjoining
further breaches of his contractual obligations.
21.
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
22.
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.
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
11
Whitehead's actions are a clear breach of the Settlement Agreement and therefore Sundance Vacations' right to relief is clear.
23.
24.
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.
the immediate and irreparable harm and injury caused by Mr. Whitehead's existing and continuing breaches of his obligations under the Settlement Agreement.
26.
(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
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
13
VERIFICATION
correct and are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to
John Dowd
Date:
1 n h^-
jJ-^A- *<?
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fi '>fiS-1l-'>'"<:i
<- " 2."^C
Exhibit A
CASE NO.
ALBERT WHITEHEAD,
Defendant.
1.
2.
3.
4.
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,
5.
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.
under oath that he published statements concerning Sundance Vacations that were
115.)
7.
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.
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
9.
called "Boycott Sundance Vacations" and through other means, including, but not
1 0.
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
11.
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.
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
13.
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
14.
Somerset Patriots and Chicago Bulls, have stopped doing business with us as a
result of the negative publicity generated by the "Boycott" page.
15.
impossible to regain the confidence and trust of our customers and business
partners.
16.
17.
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 '/
Notary Publfc"^
My Commission Expires: yW' -V^ *7 ' 3
NOTARIALSEAL "
'
'"1
Exhibit B
ALBERT WHITEHEAD,
Defendant.
1.
2.
3.
00058374
4.
5.
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.
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.
Email Message Date and Time August 24, 201 1 at 10:46:41 EDT
68.163.49.135 68.163.53.247
68.163.53.247
8.
9.
00058374
10.
11.
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?
Yes
Yes Yes
Last Modified By: "Albert Whitehead" Last Saved by: "Albert Whitehead"
Facebook Comment
Yes
00058374
12.
Attachment
Reference to Whitehead?
Specific Reference
Yes
Yes
OhioAttomeyGeneral
Yes
Yes
Yes
00058374
13.
Dennis Cheng
/7
00058374
Exhibit C
SETTLEMENT AGREEMENT
("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.
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
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
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
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.
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
5.
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.
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.
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.
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
,,
// ^ ,
^^
1, J
10.
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
11.
agrees that, in full compliance with the Older Workers Benefit Protection Act of 1990, 29 U.S.C.
621 et seq.:
(i)
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)
for the consideration described herein, which he acknowledges as adequate and satisfactory to him;
(iii)
(iv)
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)
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)
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)
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.
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.
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.
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.
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.
in the Commonwealth of Pennsylvania, and this Agreement shall be construed and interpreted in accordance with its laws.
17.
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
ALBERT WHITEHEAD
V>o,
ffiLP^
BY:
/\
4JPage 8 of 9
fte
WITNESS
TITLE
^
WITNESS
O-
yl
Pir&/
BY:
TITLE:
JOHN DOWD
lpAArA>
WITNESS
JERRY SISK
rNr WITNESS
Page 9 of 9
ALBERT WHITEHEAD,
Plaintiff,
Defendants.
1.
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
changed pseudonyms on a frequent basis to protect and ensure my privacy while guarding against hackers.
3.
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
5.
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.
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
10.
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 .
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)
(b)
the declarant, including my name, address, and the case number, in order
12.
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
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
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 :
(Prothonotary)
_, ,
c Myers, Bner & Kelly, LLP, 425 Spruce Street, Suite. 200] Scranton. PA 1 8503
Address
.,
_ .
DATE:
]M\\ 1*0^\
(570) 342-6100
iMSPMer ance
Attorney for Vacations, Inc.
00049400
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,
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
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.
3.
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.
5.
ALBERT WHITEHEAD,
Defendant.
NOTICE
TO:
Custodian of Records, Verizon Communications, Inc. 1717 Arch Street Philadelphia, PA 19103
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT RULE 4009.23
I,
Date:
By:
var&pff
August 1, 2012
Legal Compliance TXD01613 2701 S. Johnson St. SanAngelo, TX 76904 Voice: 888-483-2600 Fax 325-949-691 6
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
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
K*f
s^
AugUSt 1, 2012
Legal Compliance
TXD01613 2701 S. Johnson Si. San Angalo, TX 76304 Voice: 888-483-2600 Fax 325-949-6916
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 Address: 68.163.49.135
VOL Account Number: 0118739285494 Account Creation Date: 12/19/2011 Customer Name: Albert Whitehead Account Address: 842 N 27 ST Philadelphia, PA 19130
August 1, 2012
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
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
t vzetbdnx | 68.163.44.121
| vzetbdnx | 70.110.195.10 |
sj vzetbdnx (i 70.110.215.159
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
j vzetbdnx | 151.197.27.203
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 \
| 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
| 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
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
SI
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
..J
| vzetbdnx | 70.110.190.158
ij vzetbdnx | 70.110.219.62
1 vzetbdnx jj 70.110.212.35
vzetbdnx r! 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
|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
|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 |
| vzetbdnx | 72.81.126.195
f
i
ll vzetbdnx ii 68.163.48.3 1 i
| vzetbdnx | 72.81.123.223
p vzetbdnx | 68.163.58.189
| 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
jj vzetbdnx | 70.110.201.216 \
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
| vzetbdnx | 68.163.45.154
)
|
| 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 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
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| vzetbdnx |{ 70.110.198.237 |
| 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 Time
Stop Time
Ij
Duration
IPAddress
I 2012-06-19 06:28:552 |
;J44d6h0m43s
ij 72.78.191.60 I
Exhibit F
Subject:
SUNSCAM VACATIONS
Date:
From: To:
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:
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Wed.
24 Aug 2011
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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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FOshPZawSqlWwGKmRQYRMQUl BOsDeRXCHc_RAdwekJCJQlsgl 3bH8hsGUyTR RWDc9Odh46WvtgvVoC6Rzp0i qOl S6qOLHaENK j 2XHctuBAEq_d . 7_HBlwPD6 QSzwPP6YwAyer . RQA6E j Hi URoazQBhThcd j ROEybti u5kw27vmluwAoT X-Ori gi nati ng-lP : [205 . 188 . 105 . 144] Authenti cati on-Resul ts : mtallSl . mai 1 . bf 1 . 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) by mtall51.mail.bfl.yahoo.com with SMTP; Wed, 24 Aug 2011 07:46:47 -0700 Received: from mtaomg-ma04.rl000.mx.aol.com (mtaomg-ma04.rl000.mx.aol.com [172.29.41.11]) by imr-da02.mx.aol .com (8.14.1/8.14.1) with esmtp id p7OEkfZM018310
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
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Message-ID:
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(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"
[68 . 163 . 49 . 13 5]
x-Folder:
Becl<y_Fabian Yahoo
Page
Exhibit G
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
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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
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Page
Exhibit H
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.
(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
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.
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
Albert Whitehead
In Re: Whitehead v. Sundance Vacations, Inc. et al. - Civil Action No.: 05-4193
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.
Sincerely yours,
ALBERT WHITEHEAD
AW/aw
file
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
CERTIFICATE OF SERVICE
following counsel of record by electronic and first-class mail on this 20th day of
September 2012:
Wilkes-Barre, PA 18701
Nicholas F. Kravkz
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