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Home My WebLink About04-3566FASTNET CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. oq ARTHUR A. DECKERT, Individually and : CIVIL DIVISION - LAW Trading As, CUMBERLAND TECHNOLOGIES : INTERNATIONAL : Defendant(s) : NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and fi ling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 FASTNET CORPORATION Plaintiff ARTHUR A. DECKERT, Individually and Trading As, CUMBERLAND TECHNOLOGIES INTERNATIONAL Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW COMPLAINT The Plaintiff, FASTNET CORPORATION, by it's attorneys, KNUPP, KODAK & IMBLUM, P,C., brings this action of Assumpsit against the Defendant to recover the sum of NINE THOUSAND, FOUR HUNDRED SIXTY-THREE DOLLARS AND SEVENTY-NINE CENTS ($9,463.79), along with interest thereon from April 27, 2004 upon a cause of action of which the following is a statement: I. Tbe Plaintiff, FASTNET CORPORATION, is a corporation organized and existing under the laws of the Commonwealtb of Pennsylvania, having its principal office and place of business at 3864 Courtney Street, Suite 130, Betblebem, Pemrsylvania 18017.. 2. The Defendant. ARTHUR A. DECKER% is an adult individual trading and doing business as CUMBERLAND TECHNOLOGIES INTERNATIONAL with an office and place of business at 5170 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Invoices hereto attached, marked Exhibit "A" and made a part hereof, Plaintiff performed labor and provided services of the kind and description set forth on said Exhibit to the total amount of Nine Thousand, Two Hundred Twenty-Five Dollars and Fifty-Nine Cents ($9,225,59). :\USER\STACY\CCP COMPLAlNTS\WORK\30468.wpd:O2JuI04 4. The prices charged for said labor performed and services provided were just and reasonable, were the legal aud ~narket prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 5. Defendant become entitled to certain credits against the charges aforementioned, as more particularly shown on Plaintiff's Credit Memo, attached hereto, marked as Exhibit "B" and made a part hereof, to the total amount of Two Hundred Ninety-Seven Dollars and Forty-Nine Cents ($297.49). 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of Five Hundred Thirty-Five Dollars and Sixty-Nine Cents ($535.69). 7. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover frown Defendant the sum of NINE THOUSAND, FOUR HUNDRED SIXTY-THREE DOLLARS AND SEVENTY-NINE CENTS ($9,463.79), along with interest thereon from April 27,2004. Respectfully submitted, KNUPP, KODAKn~IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff ~:\USER\STACY\CCP COMPLAINTS\WORK\30468.wpd:O2Ju104 05/2'6/2004 09:38 FAX ;10 RO? 0903 End $t 70 E TrUndle Roaci Me~hanl~bu~g, PA 17050,.~650 011/011 Please Take Note Of Our New Payment Address, 300965 S 8,,~03,43 Total DIM $ ~,226.~ Payme.t Meth,qd Credit Cam Type: Visa Credit Card N~mber: ~piratlon Date: Wouldyoulikeustoautematl~affybillthi~CredifCardforfiJtumlnvoJces~ Yes Signature Of Author~ad~m [] No ~ Dm: 05/28/2004 08:38 FAX 8~0 807 0803 FASTNET Corporation 3884 CouJ~ney Strset Beihlehem, PA 18017 886.321.3276 aaa.fast.net FN ESTATE. INC, olO/Oll Dui ~e: 07~3 , Total Dui: S 8.~3.43 Cumberland TeGhnologies Inlemalional 5170 E Trtn¢le Road Mocheni;obu~, PA TI PoMt4o-Point I.SMB dedlr, otKI IP oar*v'~ Teem Charge ~rT1 At. gsa Monfkly $44~,43 L Please Take Note Of Our New Payment Address. Jm~el~ Number previous BiIonsa 20~']25 ~ $ ?,381 $ 0~.16 S 6,303A3 Please malt payment FASTNET ear. ratIon P.O. Box 53007 Newark, NJ 07101 Payment Method Pkla~e Check One: Cheek [] Money O~er r't credit ~ C~ Credit Card Type: visa F'I MusterCa~ l'"f Dleeover r-I Ameri~r~ Ex~m~ [] Credit Card Number:, ffzpJrutlon Dat~; / Would yOU like us to au~omet/cellF bill this Credit ~ignatum Of A~M~BUOn: '0~/2~2004 09:39 F~X ~10 807 0903 FN E~T&TE, ZNC. ~00~/01~ c~t~mas IMme: Cumbe':l~d Tec~olo~eS ~t FASTNET Corporation Sewlte ~n O~t~: 3&64 Coudney S~e~ ~M End SUi~ 130 · 6e~lehem, PA 18017 I ~ ~.321,3276 [ C umbeda~ Techn~og[~ I~mafional 5170 E T~ndJe Road Me~ani~bu~, PA 1 0~/~8/2003 07/07/2003 06~7/200~ $445,43 S4~.O0 $2~,?$. A~.OunC Number In¥c~e Number 0000112~ Plea~ remit ~ent FASTNET P,O, g~ ~007 N~a~, NJ 0~101 Please Take Note Of Our New Payment Address. Cunent Chwg~" Total i)ae $ 822,16 f . $ 7,~I.~7 Amount Encloasd [] More,/O~der [] G~dit ~rcf [~ Credit CWd Type: Vi,-- [] MasterCard ~] Discovm' F*] AmedcaJn .Expree ~-I Credit Card Number:. Expiration Date; / Would you like us to automatically bill this Credit CaR fOr future inv=4ee~? vas [~ No Signature Of AUthorization: Dale: 05/28/8004 08:38 FAX 810 807 0803 FN £STATE, TNt. ~008/011 FA8TNET Corporation 3864 Courtne¥ Street 6ull~ 130 Ben,ahem, PA 1~17 886,32~,3278 Due 6170 E T~n~le S~5.43 $~22.'16 Please Take Note Of Our New Payment Address. ACeQ~I NurnbM ~00~1124B3 Please remit payment to: FASTNET Cemoration P.O. BOX 530O7 Newark, NJ 07101 Invoice Number 2T444 'J S 5,S3e. O~ Payment Mernml Please Cheek One: C~dR C~ PmYleua "mlonoe I Ourmnt Charges Due , 6,4~9.11 [] ~eyOrder ~ ~'~d~OW [] Expiration Date: / Would ym~ like w to autamademlly bill this GredR Card fur future InVelOee? ','em Signature O~ Auther'azat~an: Date: 05/2~/2004 05:37 ~X 8~0 B0~ 090~ ~ £$T~T~. ZN~, ~007/011 FASTNET Corporation 3~64 Cou~'~ey Suite 130 Be~l~hem, PA 18017 888,32~.3278 Customer Name: Account Cum~e~la~ TachnologI~ International 5170 E T~ndie Road Mechanic~burg, PA 17135D-aaso ~1 P=lnt-t~-Point 1.~9~1B decliGaJe'') IP ~ervim ~1~ Chm'~e f~rT1 Acee~a Menthly 0OO0112483 Ihvolae Numbe~: P~l Bal~: Ca.ant Ch~: To~I Due: - -"~ "~lan a ace ~r conlmet with FA.RTNET Prlpe ~ Amount Please T;~ke Note Of Our New Payment Address, .~.6.73 S~2,tG Date: g5/2~/2004 08:3? FAX 510 80? 0803 FAST ' FASTNET Corporation $864 Courtney Street ~uite 130 Bethlehem. PA 18o17 www.fa;t, net "Cumberland Technologies International 5170 E Trind]e Road Mechanl;el~urg, PA 170~O-3650 $e~vl~e 5tart D.te: 005/011 ' If,vole. Number: PrevlmLe TgIil : 1 4,614.7g ~44~,43 f A~-eunt Number I D000112.4G3 Ta~c 1'omi: Plea~emmltplymentto: ;ASTNET~or~=n Newa~,NJO?101 Please Take Note Of Our New Payment Address, $ 3,692.~3 T~a/DUe t ~mou 4,614.79 WouJd you ilks ue to automaflcarly bill this CredK Card f~' futura Ihvo[=i? Ye~ [~ NO Slonatum Of AulhollzJlflon; O~te: 05/2B/2004 0~:37 FRX 610 807 0803 FN ESTRT[, ~NO, ~005/Oll FAETNET Corporation , 3864 Courtney Street Suite BethJehem, PA 18017 8e8,$21.3278 Cumberland Te~r~nologles Interna'donal 5170 E Trindle Roacl Mechanicsburg, PA 17050-$650 J Im~'e I~e Nu mbe~. Im'elee C,rmn! Cha~g~: Te~aJ Due: 24¢750 ot/oe/20o3 5,586.07 922,1G ~14E,.43 ~L5.43 ,Ac,.}e unt Rumber Please remit peyment to: FASTNET Co~on P.O. 6ox 53007 ~ NJ 07101 Please Take Note Of Our New Payment Address. CUrrent Charge~ I Total 922.16 I $ 8,~0~,~ t~r~¥ Order [] Credit CJ~ [] Amount Enelosed Ezpiretlen Date: / Would you like us to .utometlGslly bill thi~ Cmcllt Card for future Invol=es? Yes [] Ne I'-r Signature Of Authorlzatlcm: Date: o~/~8/~004 OB:ST FAX BlO BO? 0~08 FN EBTAT~. )NO. ~o04/Oll Cu~temer Name: Account Nu mb~":. ,~Mtt Dale: End Date: "Curnberfer~ Teohr~ogiea In'~'ne~nal 5170 E Tdndle Road Me~qanlo~butg, PA r °°°n'~ 124~ .. r~ue Ulaan RK44pt $~0.00 Thank )rom for your bg$llle,f$. lu~tal: 1863.65 Please remit payment to: FASTNET Coq~omt~on P.O, Bnx 63007 New~ NJ 07101 Please Take Note Of Our New Payment Address. PaTh'hunt Mulhod P~me On.lc Ofle: C, he~ [] Money Older [] C.-edl~ C4rd ~ ~mdlt Card Type; VM [:J M~a~d I-I Oi,oovor [] Art'wic. m ~xp(ia ~ Credit Ourd Number:. ExplraEon Dm: / Would you like us ~ autnmaE~ally bill this CredK ~ard for futura Invoices? Ye~ E3 No .~lgnature Of Author~atlon: Dale: [3 05126/2004 0S:36 FAX S10 807 0903 FH ~$TATE, INC, ~003/011 FASTNET C.rporation 3~4 ~ouflney ~tr~et ~er~lM~ Emi D~Je; Suite 1 ~0 ,.DMe B~thlehem, PA 18017 888.321,32?8 .... wv~v. fa~f~ net · -' ! Cumberland Technologle~ Intemaf~o~lal 5170 E TrinOle Road Mechanicaburg, PA I?080-~650 1 ~S/A, gTZ/002394/TPM C~.L FOR DETAJL~ S~o32'14=AST $125,00 ~14~,43 Total: T~: ~34.:23 FASTNET CorpomtJon P,O. Bex $3007 Newm% NJ 07101 Please Take Note Of Our New Payment Address. Previous allah.. Ou~nl: ChaiSe S 2,~7,18 .~ $1,704,06 2~)1851 P~yment Mathed Pie, esl Cheek One: Credit Card Type: Credit Card Numb~ Total Due $ 4, t91 Expiration Da*-: / Would you like us to tlutomatIGally bill I~ie CnKllt Card for futur~ invoices? Yes [] Al(= Signature Of A~flhorlz~lon: Date: ~450.00 S125,00 05/2~/2004 08:38 FAX glo gO? 0903 FN ESTATE. IR~, ~002/011 FASTNET GQr~o~ation 3864 Courtne¥ Street ~th~hem, PA 1BOff7 Cum~a~and Teehno~)e= I~ma~onat 5170 E T~te Road M~hanl~burg. PA 1 one year ~ac~ wl~ CA~L FOR D~N~ SMO,~ $B50.00 A~uflt Number Inv0loe Numb~ 0000112493 P.O. Box ~ N~. NJ 07101 Please Take Note Of Our New Payment Address. _cu, w~. nt Chaises I Total Dui i knagnt ~n~.eled '~l $ 762,,0 I S $,172.,0 '1 [] rdo~y O~der ~ Credit C~I~I [] ~ M~terC~l f~ ~e, [] Amerk~ E~or~ ~ Credit Card Number: E=pimtlon Date: / Signature Of AVthOdz~on: Date: Please remit payment to: FASTNET Corpura~io~ P.O. Box Newark. NJ 0710~ Please Take Note Of Our New Payment Address.' $11,089.91 -S297..~a $10,772.42 Payment Method Please Check One: Check I"1 Money Order Credit C~ [] Amount Credit Card Type: V;r=a [] Ma~erCa~l ~:~ ~s~r [] ~e~ Exlxe$ Cred;~ Card Humber: Expiration Date: / Would you like us to autematlr, ally bill this Credit Csrd for future invoices? Yes ~] ~ l'"1 Signature Of Author;-stiom Date: VERI]~ICAT ON of FASTN]/T CORPORATION, vet/fy that ~e statcmr, nt~ made in the aforcgoing document ate truc and correct, I underatan~ fl~at faL~ stat~mcnta hetr~Ln arc mage ~ubj~'t to the penalties of 18 Pa, C, S. §4904, relating to unawom fal~l/tr~/on to au~hodties. FASTNET CORPORATION By: Ti'fie: FASTNET CORPORATION IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V ARTHUR A DECKERT, Individually and Trading as CUMBERLAND TECHNOLOGIES h 4 TERNATIONAL Defendant NO. 04-3566 CIVIL DIVISION - LAW RESPONSE The Defendant, Arthur A Deckert, disputes the accuracy of the information as presented by the Plaintiff in this complaint. The Defendant received services from the Plaintiff on three different purchase orders during a three year period. It is not possible to respond to the limited information presented in the exhibits by the attorney for the Plaintiff. The detailed response that follows will include copies of these three orders, provide details on their implementation, and summarize charges and payments for these services. The response will also detail the ongoing problems the Defendant experienced with the P!aintifP s services and billing systems. 1. The Plaintiff, FASTNET CORPORATION, was a network services provider located in Bethlehem, PA. Their original service area was the Delaware Valley region of Pennsylvania, New Jersey, and Delaware although they expanded to the Harrisburg area in 1999. Following their IPO in February 2000, they completed a number of acquisitions and rapidly expanded to over 20 metropolitan markets. During 2002 they began aggressive cost reduction measures and withdrew from many expansion markets. In June 2003 they filed for relief under Chapter 11 of the United States Bankruptcy Code in Jointly Administered Case No. 03-23143 in the United States Bankruptcy Court for the Eastern District of Pennsylvania. In November 2003 that Court approved an asset purchase agreement submitted by US LEC Corporation of Charlotte, NC to acquire all of the assets of FASTNET CORPORATION. 2. The Defendant, Arthur A Deckert and his wife are the owners of Cumberland Technologies International (CTI) provider of PA.net Internet Services. CT! first provided ISP services in Carlisle in 1995, relocated to Mechanicsburg in December 2001, today has over' 40 employees, and is one of the largest ISPs in the Mid-Atlantic Region. CTI is not a telephone company, but purchases telecommunications and Internet service from a variety of vendors including AT&T, Sprint, Verizon, Telcove (Adelphia), Commonwealth Telephone, Qwest, Broadwing, PennTelecom, PP&L Telecom, and KMC Telecom to provide services to its customers. CTI enjoys a good relationship with its vendors and has an excellent credit rating. 3. During the period December 2001 through May 2003 CTI received service from FASTNET on three different purchase orders. These contracts are attached as Exhibit's A, B, and C. A brief description of each of these services follows: a) The first service was ordered on December 7, 2001 following a meeting with a FASTNET sales representative (Greg Brengel), his manager, and a "sales support engineer". At that time CTI was in the process of relocating its network center from Carlisle to Mechanicsburg, and was in need of a high speed Internet connection for a few months during the transition. CTI and FASTNET both maintained equipment cabinets inside Telcove (Adelphia's) Mechanicsburg data center, and both parties agreed the service could easily be provided by running a wire 20 feet between the two cabinets and the purchase order specified a service date that began 10 days later on December 17th. b) The second service was a continuation of the first one, except at a lower service level. Although the Plaintiff had trouble delivering the original service, and though the original need no longer existed, CTI perceived value in maintaining a peering relationship with FASTNET's network. The effective date of 2 the second service was March 19, 2002. c) The third service was a dedicated access T1 for a CTI customer i~n Trevose. The term of that service was May 2002 through May 2003. 4. Discussion of FASTNET's service and invoice related problems: a) The original service due date of December 17, 2001 was not met. Exhibit D-1 shows e-mail from the FASTNET account representative on January 2, 2002 asking if CTI could run the cable between the cabinets so that progress could continue on providing the ordered service. Note that running the 20 foot cable between the two cabinets in Mechanicsburg was to have been performed by FASTNET and a $295 one time cross connect charge was a line item in their original quote/purchase order. b) Even after CTI ran the cross connect wire for FASTNET, the service was not delivered. During January many unanswered voice mails as well as e-mails on January 30, 2002 (Exhibit D-2) and February 14, 2002 (Exhibit D-3) were sent to the account rep at FASTNET. These e-mails expressed frustration that the service was not working, yet CTI had received three invoices totaling $11,417. The service finally became 40% operational on February 7, 2002 and completely useable five days later on February 12th. c) After continuing to leave voice mails for the FASTNET account representative and finally his manager, CTI received a call from John Buckner, who stated that he was the new account representative, additionally he advised that the previous one had been gone nearly two months and that unfortunately no one had been checking either his voice mail or e-mail. Mr. Buckner understood the situation, was sympathetic to other network expenses CTI had incurred during it's network relocation due to FASTNET's service problems, and sought to mend the relationship by proposing a reduced service level for the "Cross Connect" service. Attached as exhibit D-4 is his e-mail of March 19, 2002 in which he presented a Purchase Order (Exhibit B) to maintain the "Cross Connect" service between the Plaintiff and Defendant's networks, but at a lower price and service level. The effbctive date for this replacement service was March 19, 2002 and was for a period of one year. d) Mr. Buckner also appealed to the FASTNET billing department to correct errors in the first invoices submitted by the Plaintiff. By that time, the Defendant had received a fourth monthly invoice ($15,125 total with $11.417.50 past due as shown in Exhibit D-5) for a service that was less than a month old and had not met the need for which it was originally ordered. The Plaintiff submitted revised invoices with a corrected service start date (see 4 page fax from "FASTNET Corporate Accounting", dated March 29, 2002, Exhibit D-6). All three of these invoices were promptly paid even though there were still errors in installation fees and effective date of the lower priced, replacement ,:ross connect circuit. e) The specified term for the second purchase order was not completed. In Fall 2002 FASTNET advised they were moving out of Telcove's (Adelphia) switch center and would no longer be able to provide the service specified in the contract. Attached as Exhibit D-7 is an e-mail dated January 14, 2003 from FASTNET's Regional Director. This "eleventh" hour correspondence was a final check to ensure that all customers had responded to previous telephone notification and made other arrangements. CTI network engineers had formally "turned down" the FASTNET connection on December 19, 2002. 5. Summary of billing errors and correspondence. a) As described in Paragraph 4 d) above, when corrected invoices were prepared and faxed to the Defendant they were promptly paid. b) Correspondence on payment status from FASTNET on August 19, 2002 (Exhibit E-l) was promptly answered by CTI on August 24, 2002 (Exhibit E-2). There was no response by FASTNET to the service date questions raised in the CTI correspondence. c) Following a telephone call and additional billing questions by Ms. Donna Rochow of FASTNET on November 12, 2002, copies of the August 19 and August 24 correspondence were faxed to FASTNET. 4 There was no response by FASTNET to the service date questions again noted on the bottom of the fax header sheet (Exhibit E-3). d) There were no further contacts or follow-ups by FASTNET's Account's Receivable Department. From normal correspondence received from the Plaintiff we are aware they moved locations (Exhibit E-4) and that apparently they had some "procedural" problems as CTI received a mailed invoice for one of their other customers (Exhibit E-5). As noted in Paragraph 1 above, in early 2003 FASTNET filed for Chapter 11 protection and was subsequently purchased by US LEC Corporation. e) In February 2004 CTI received a telephone call from Alex English who identified himself as a representative of a collection agency in Atlanta representing the estate of FASTNET and that CTI had an mount due on their books which needed to be paid. He was advised that CTI was unable to verify that mount as being owed. CTI further explained that all prior year files concerning FASTNET would have already been "retired" to records holding and that Winter was a very busy time of the year in the ISP business. On March 25, 2004 (Exhibit E-6) and again on April 16, 2004 (Exhibit E-7) correspondence was received by Capital Recovery Corporation with Alex English's name on each. CTI did not respond to either of these letters. f) In April 2004, CTI contacted US LEC, (Exhibit E-8) with the intent of establishing a future business relationship. 6. As demonstrated above, due to FASTNET's policy of billing well in advance of actual services dates, and due to difficulty in verifying billing adjustments when service was discontinued, it is impossible to comment on the accuracy of any particular invoice. Attached as Exhibit F is a consolidated analysis of charges for all three Purchase Orders as well as payments rendered by CTI. This analysis shows a balance due FASTNET of $3231.14. 5 7. Although the Defendant was not satisfied with the service,, billing process, or communication received by the Plaintiff, the Defendant offers payment in the amount of $3231.14 as full settlement to settle this action. 6 VERIFICATION I, &rthur Allen Decker2t_, Owner of Cumberland Technologies International, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Cumberland Technologies International Title: Dated: /(~/ff/~ 7 Purchase Order Customer Number: 0000112483 Thank you for choosing ...................... FASTNET for all your Purchased By: Internet needs. Cumberland Technologies International 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 FAS'iN ET Corporation 268 Brodhead Road ' Bethlehem, PA 18017 610.266.6700 Cumberland Technologies Intemationalagrees to purchase the following products under the terms of our agreement with FASTNET Corporation, and further agrees to purchase any items that have recurring charges for the full contract term FASTNET Corporation Reference Number Total Charges I $3,995.00 I Quantity [ Description i $200.00 $200.001 1 Colocation Cross Connect between Cages DS3 1 T3 Tiered dedicated IP direct connection 7.5M. ! $3,375.00 $3,375.00 i $125.00 $125,00 Telco Char e for T3 Access MontlyI Group Total: [ $3,700.00 Quantity ~ Description Unit Price Amount * -- ..... I Group Total: I $295.00 Grand Total: $3,995.00 I I FASTNET Corporation has provided this document as a convenience to you, our customer. FASTNET Corporation requires a properly executed Purchase Order (PO) for all services obtained from us. You may use this as a temp[ate to properly create a PO using your own PO system. However, if your company does not us PO's, you may use this document as a PO to FASTNET Corporation by signing and dating this document and returning it to your FASTNET Corporation account representative. Payment of the total amount of this PO is due upon execution and submission of a PO. This initial payment will serve to establish credit, with FASTNET Corporation for the ongoi~g,.m~thly recurring charges as listed above. Terms on the ongoing recurring charges are Net 30 days, billed in advance. Hardware, software, may taxable, Authorized by: Title Date: Printed name: TERMS AND CONDITIONS FOR INTERNET ACCESS AND NETWE~RK ACCESS t. FASTNET DOES NOT WARRANT, EXERCISE ANY CONTROL OVER OR MAKE ANY REPRESENTATIONS WHATSOEVER AS TO THE CONTENT, ACCURACY, NATURE, SUBJECT MATTER OR CORRECTNESS OF ANY DATA PASSED THROUGH OR COMMUNICATED THROUGH FASTNET ANDIOR THROUGH THE INTERNET AS A DIRECT OR iNDiRECT RESULT OF FASTNET'S SERVICES AND USE OF ANY SUCH INFORMATION iS AT THE CUSTOMER'S OWN RISK. FASTNET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR ANY SERVICE IT MAY PROVIDE INCLUDING, WITHOUT LIMITATION, AVAILABILITY OF THE INTERNET AND/OR E-MAIL ANDIOR OTHER SERVICES. FASTNET ALSO DiSCLAiMS ANY WARRANTY DF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER FURTHER AGREES THAT FASTNET WiLL NOT AND CANNOT BE HELD RESPONSIBLE FOR ANY INTERFERENCE AND/OR DAMAGE TO YOUR DATA, COMPUTER SYSTEM, OR iNFORMATION THAT YOU HAVE STORED ON YOUR COMPUTER SYSTEM, REGARDLESS OF VALUE ANDIOR WHETHER PUBLIC OR PRIVATE, DIRECTLY OR INDIRECTLY AS A RESULT OF THE CUSTOMER'S VOLUNTARY USE OF FASTNET'S SERVICES. FASTNET'S SERVICES MAY ONLY BE USED FOR LAWFUL PURPOSES AND MAY NOT BE USED IN VIOLATION OF ANY STATE, FEDERAL OR LOCAL LAWS, RULES OR REGULATIONS. 2. CUSTOMER MUST BE FAMILIAR AT ALL TIMES WITH FASTNET'S ACCEPTABLE USE POLIC't'. CUSTOMER is obligated to read, understand and comply with any and all terms and conditions of the then-current FASTNET Acceptable Use Policy (hereinafter "ADP'). FASTNET'S ADP is incorporated herein by reference in fall and as it may be amended in the future. The ADP is displayed at _httP://www.fast.netlaup.h_t~ and is effective upon public ~osUng. CUSTOMER may also not directly or indirectly, rhrou9h the use of FASTNET services, knowingly violate the rules and terms and conditions of any other networks andlor of any other Interuet Service Providers andlor Online Service Providers. Any violaUon of any of the terms and conditions of the AUP by the CUSTOMER could resuLt in suspension or immediate terminati°n °f this Agreement and °f aoy service by FASTNET to CUSTOMER. Customer agrees to hold harmless and indemnify FASTNET from any and all losses, damages and costs resulting from any third garry allegation or claim arising out of or related to the use of FASTNET services. 3. While FASTNET strives to provide uninterrupted service, it does not make any representations regarrlin9 interruptions nor does it guarantee uninterrupted service. FASTNET wig not be responsible for any interruption in service including, without limitation, interruptions due to reasonable maintenance or repairs, reasonable needs of FASTNET, occasional failures or downtime or force majeure (all circumstances beyond the control of FASTNET). 4. FASTNET will begin billing for service on the day that FASTNET has a functioning connection set-up at our RUB &ocatlon, even H the customer does not have functioning equipment at their location. FASTNET wig work with the customer to provide Umely start-up of a new or modified service, but is not responsible for delays attributable to the customer or the common carriers. Payment for monthly recurring services are due 30 days ariel the invoice date, which may be in advance of services, or "on receipt~ of invoice if marked as such. Initial start-up services are billed upon acceptance of this agreement and are due prior to "on-receipt". Accounts that are deLinquent over 30 days are subiect to f.5% per month interest on the unpaid balance. Accounts delinquent over 60 days are subject t~) suspension and any credit terms extended wgl be revoked rnal~ing all invoices due and payable in advance of service. Customer agrees to pay FASTNET its reasonable attorney or collection fees incurred iff enforcing its rights under theses Terms and Conditions. If Customer cancels any term agreement early, for any reason, Customer must give/'-ASTNET 30 days advance notice in writing and further agrees to pay FASTNET 60% of each month's charges remaining in the term commitment. (Term commitment buy-out) This is a one-year contract and wOI renew automatically on a month to month basis unless otherwise canceled or terminated. 5. This Agreement and any authorized addendums or attachments is/are the sole Agreement between FASTNET and CUSTOMER and supersedes any and all prior understandings, writings, proposals, representations or communication, oral or written of either party. G. This Agreement shall he interpreted in accordance with the substantive laws of the CommonwealtfL of Pennsylvania and the exclusive forum for any disputes uader this Agreement shall be the Northampton County Court of Common Pleas andlor the Federal District Court for the Eastern District of Pennsylvania. I HAVE READ, UNDERSTAND ANO AGREE TO THE ABOVE TERMS AND CONDITIONS, AND I FURTHER AGREE TO ABIDE BY THE FASTNET ACCEPTABLE USE POLICY. Use of FASTNET's Network constitutes acceptance of these Terms and Conditions. The ,ermsofthma reement will be between ~'~ Signature: Title: By FASTNET: Printed Name: Signature: FA I'hJET FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 888.321.3278 Customer Number: 0000112483 Purchased By: Cumberland Technologies International 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 Thank you for choosing FASTNET for all your Intcrnet needs. Cumberland Technotogies International agrees to purchase the following products under the terms of our agreement with FASTNET Corporation, and further agrees to purchase any items that have recurring charges for the full contract term FASTNET Corporation Reference Number Total Charges 272317 $650.00 Purchase Order Monthly Recurring Charges Quantity Description Unit Price Amount 1 Colocation Cross connect between Cages 1Mbps floor burstable to 6Mbps 95th percentile billing $650.00 $650.00 Group Total: $650.00 Grand Total: $650.00 FASTNET Corporation has provided this document as a convenience to you, our customer, FASTNET Corporation requires a property executed Purchase Order (PO) for all services obtained from us. You may use this as a template to properly create a PO using yourFASTNET Corporation by signing and dating this document and returning it to your FASTNET Corporation account representative. own PO system. However, if your company does not use PO's, you may use this document as a PO to FASTNET will provide the customer with a 1Mbps circuit with burstinq capability to 6Mbps to FASTNET's link to the Intemet backbone for each of the customers' systems. The statistics for Burstable customers are derived by taking a sample of the customer traffic every five minutes on the in and out octets sent/received on ~t~e customer's FASTNET connection. These statistics are then aggregated ow;r a monthty period where the top 5% of the traffic is discarded to arrive at the 95' Percentile flow statistic. Payment of the total amount of this PO is due upon execution and subs3i~sion of a PO. This initial payment will serve to establish credit, with FASTNET Corporation, for the ongoing monthly recurring charges as liste(J ~er~s on th~ongoing~.'curr[ng charges are Net 30 days, billed in advance. Hardware, s~q[ef-, and services may be taxable, Authorized by: I --~'/' I · IV Title ~-~ : TERMS AND CONDITIONS FOR INTERNET ACCESS AND NETWORK ACCESS 1. FASTNET DOES NOT WARRANT, EXERCISE ANY CONTROL OVER OR MAKE ANY REPRESENTATIONS WHATSOEVER AS TO THE CONTENT, ACCURACY, NATURE, SUBJECT MATTER OR CORRECTNESS OF ANY DATA PASSED THROUGH OR COMMUNICATED THROUGH FASTNET AND/OR THROUGH THE INTERNET AS A DIRECT OR iNDiRECT RESULT OF FASTNET'S SERVICES AND USE OF ANY SUCH INFORMATION IS AT THE CUSTOMER'S OWN RISK. FASTNET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR ANY SERVICE IT MAY PROVIDE iNCLUDiNG, WITHOUT UMITATION, AVAILABILITY OF TRE INTERNET AND/OR E.MAIL ANDIOR OTHER SERVICES. FASTNET ALSO DiSCLAiMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER FURTHER AGREES THAT FASTNET Will NOT AND CANNOT BE HELD RESPONSIBLE FDR ANY INTERFERENCE AND/OR D.~MAGE TO YOUR DATA, COMPUTER SYSTEM, OR iNFORMATION THAT YOU HAVE STORED ON YOUR COMPUTER SYSTEM, REGARDLESS DF VALUE ANOIOR WHETHER PUBLIC OR PRIVATE, DIRECTLY OR INDIRECTLY AS A RESULT OF THE CUSTOMER'S VOLUNTARY USE OF FASTNET'S SERVICES. FASTNET'S SERVICES MAY ONLY BE USED FOR LAWFUL PURPOSES AND MAY NOT BE USED IN VIOLATION OF ANY STATE, FEDERAL OR LOCAL LAWS, RULES OR REGULATIONS. 2. CUSTOMER MUST BE FAMILIAR AT ALL TIMES WITH FASTNET'S ACCEPTABLE USE POEIDY. CUSTOMER is obligated to read, understand and comply with any and afl terms and conditions of the then.current FASTNET Acceptable Use PogcY (hereinafter 'AUP") FA STNET'S AUP is incorporated herein by reference in full and as it may be amended in the future. The AUP is displayed at h~ttmttwww,fast.netlauo.hrml and is effective upon pubgo posting. CUSTOMER may also not directly or indirectly, through the use of FASTNET services, knowingly violate the rules and terms and conditions of any other networks and/or of any ether Interact Service Providers and/or Online Service Providers. Any violation of any of the terms and conditions of the AUP by the CUSTOMER could result in suspension or immedlate terminati°n °f this Agreement and Df any service by FASTNET to CUSTOMER. Customer agrees to hold harmless and indemnify FASTNET from any and all losses, damages and costs resulting from any third party allegation or claim arising out of or related to the use of FASTNET services. 3. Whge FASTNET strives to provide uninterrupted service, it does not make any representations regarding interruptions nor does it guarantee uninterrupted service. FASTNET will not be responsible for any interruption in service including, without limitation, interruptions due to reasonable maintenance or repairs, reasonable needs of FASTNET, occasional failures or downtime or force majeure (all circumstances beyond the control of FASTNET). 4. FASTNET will begin biffing for service on the day that FASTNET has a functioning connection set-Dp at our HUB location, even if the customer does not have functioning equipment at their location. FASTNET will work with the customer to provide timely start.up of a new or modified service, but is not responsible for delays attributable to the customer or the common carriers. Payment for monthly recurring services are due 30 days after the invoice date, which may be in advance of services, er "on recmpt' of mvmce if marked as such. Imtlal start-up services are billed upon acceptance of this agreement and are due prior to "on rece pt" Accounts that are de nquent over 30 days are subject to 1.5% per month interest on the unpaid balance. Accounts delinquent over 60 days are subject to suspension and any credit terms extended will be revoked making all invoices due and payable in advance of service. Customer agrees to pay FASTNET its reasonable attorney or collection fees incurred in enforcing its rights under theses Terms and Conditions. If Customer cancels any term agreement early, for any reason, Customer must Dive FASTNET 30 days advance notice in writing and further agrees to pay FASTNET 80% of each month's charges remainifl9 in the term commitment. (Term commitment buy-out) This is a one-year contract and will renew automatically on a month to month basis unless otherwise canceled or terminated. 5. This Agreement and any authorized addenduma or attachments is/are tho sole Agreement between FASTNET and CUSTOMER and supersedes any and all prier understandings, writings, proposals, representations or communication, oral or written of either party. 6. This Agreement shall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania and the exclusive forum for any disputes under this Agreement shaft be the Northampton County Court of Common Pleas andlur the Federal District Court for the Eastern District of Pennsylvania. I HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS, AND I FURTHER AGREE TO ABIDE BY THE FASTNET ACCEPTABLE USE POLICY. Use of FASTNET's Network constitutes acceptance of these Terms and Conditions. "~m~he terms of this agreement will be betweefl 311912002 I~ND 311912003. ~ By FASTNET: Printed Name: Purchase Order FASTNET Coq~oration 268 Brodhead Road Bethlehem, PA 18017 888.321.3278 Customer Number: 0000112483 Purchased By: Cumberland Technologies international 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 Thank you for choosing FASTNET for all your Internet needs. Cumhertand Technologies International agrees to purchase tho following products under the terms of our agreement with FASTNET Corporation, and fur[her agrees to purchase any items that have recurring charges for the full contract term FASTNET Corpora~tan Reference Number Total Charges 275728 $1,392.50 Quantity DescHpttan Unit PHce Amount 1 ~1 Point-to-Point 1.SMB dedicated IP service U nj:BP;;:0 A~::::00 I Group Total: $895.00 Quantity Description Unit Price AJZlount I FASTNET PremisConnect T1PTP Internet Package $497.50 $497.50 Group Total: $497.50 Grand Total: $t,392.50 ] FASTNET Corporation has provided this document as a convenience to you, our customer, FASTNET Corporation requires a properly executed Purchase Order (PO) for all services obtained from us. You may use this as a template to properly create a PO using your own PO system. However, if your company does not use PO's, you may use this document as a PO to FASTNET Corporation by signing and dedng this dcK:ument and returning it to your FASTNET Corporation account representative. Payment of the total amount Of this PO is due upon execution and submission of a PO. This initial payment will eem, e to establish credit, with FASTNET Corporation. for the ongo' m rring char es as listed above. Terms on the ongoing recurring cha~ges~are Net 30 days, billed in advance. FAST/ ET' Internet Solutions TWO COURTNEY PLACE SUITE 130 3864 COURTNEY STREET BETHLEHEM, PA 18017 PHONE: 610.266.6700 FAX: 610.266.8653 www.fast.net Terms and Conditions for Internet Access ;and Network Access 1. FASTNET DOES NOT WARRANT, EXERCISE ANY CONTROL OVER OR MAKE ANY REPRESENTATIONS WHATSOEVER AS TO THE CONTENT, ACCURACY, NATURE, SUBJECT MA'I-rER OR CORRECTNESS OF ANY DATA PASSED THROUGH OR COMMUNICATED THROUGH FASTNET AND/OR THROUGH THE INTERNET AS A DIRECT OR INDIRECT RESULT OF FASTNET'S SERVICES AND USE OF ANY SUCH INFORMATION IS AT THE CUSTOMER'S OWN RISK. FASTNET MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR ANY SERVICE IT MAY PROVIDE INCLUDING, WITHOUT LIMITATION, AVAtLABILITY OI= THE INTERNET AND/OR E-MAIL AND/OR OTHER SERVICES. FASTNET ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER FURTHER AGREES THAT FASTNET WILL NOT AND CANNOT BE HELD RESPONSIBLE FOR ANY INTERFERENCE AND/OR DAMAGE TO YOUR DATA, COMPUTER SYSTEM, OR INFORMATION THAT YOU HAVE STORED ON YOUR COMPUTER SYSTEM, REGARDLESS OF VALUE AND/OR WHETHER PUBLIC OR PRIVATE, DIRECTLY OR INDIRECTLY AS A RESULT OF THE CUSTOMER'S VOLUNTARY USE OF FASTNET'S SERVICES. FASTNE'r's SERVICES MAY ONLY BE USED FOR LAWFUL PURPOSES AND I~Y NOT BE USED IN VIOLATION OF ANY STATE, FEDERAL OR LOCAL LAWS, RULES OR REGULATIONS. 2. CUSTOMER MUST BE FAMILIAR AT ALL TIMES WITH FASTNET'S ACCEPTABLE USE POLICY. CUSTOMER is obligated to road, understand and comply with any and all terms and conditions of the then-current FASTNET Acceptable Use Policy (hereinafter "AUP"). FASTNET'S AUP is incorporated herein by reference in full and as it may be amended in the future. The AUP is displayed at http:/hNww.fast.net/aboutus/aup.asp and is effective upon public posting. CUSTOMER: may also not directly or indirectly, through the use of FASTNET services, knowingly violate the rules and terms and conditions of an,./other networks and/or of any other Intemet Service Providers and/or Online Service Providers. Any violation of any of the terms and conditions of the AUP by the CUSTOMER could result in suspension or immediate termination of this Agreement and of any service by FASTNET to CUSTOMER. Customer agrees to hold harmless and indemnify FASTNET from any and all losses, damages and costs resulting from any third party allegation or claim arising out of or related to the use of FASTNET services. 3. While FASTNET strives to provide uninterrupted service, it does not make any representations regarding interruptions nor does it guarantee uninterrupted service. FASTNET will not be responsible for any interruption in service including, without limitation, interruptions due to reasonable maintenance or repairs, reasonable needs of FASTNFT, occasional failures or downtime or force majeure (all circumstances beyond the control of FASTNET). 4. FASTNET will begin billing for service on the day that FASTNET has a functioning connection set-up at our HUB location, even if the customer does not have functioning equipment at their location. FASTNET will work with the customer to provide timely start-up of a new or modified service, but is not responsible for delays attributable to the customer or the common carriers. Payment for monthly recurring services are due 30 days after the invoice date, which may be in advance o[ services, or "on receipt" of invoice if marked as such. Initial start-up services are billed upon acceptance of this agreement and are due pdor to "on-receipt". Accounts that are delinquent over 30 days are subject to 1.5% per month interest on the unpaid balancE;. Accounts delinquent over 60 days are subject to suspension and any credit terms extended will be revoked making all invoices due and payable in advance of service. Customer agrees to pay FASTNET its reasonable attorney or collection fees incurred in enforcing its dghts under theses Terms and Conditions. If Customer cancels any term agreement early, for any reason, Customer must give FASTNET 30 days advance notice in wdting and further agrees to pay FASTNET 60% of each month's charges remaining in the term commitment. (Term commitment buy-out) This ls a one-year contract and will renew automatically on a month to month basis unless otherwise canceled or terminated. 5. This Agreement and any authorized addendums or attachments is/are the sole Agreement between FASTNET and CUSTOMER and supersedes any and all prior understandings, writings, proposals, representations or communication, oral or written of either party. 6. This Agreement shall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania and the exclusive forum for any disputes under this Agreement shall be the Northampton County Court of Common Pleas and/or the Federal District Court for the Eastern District of Pennsylvania. I HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS, AND I FURTHER AGREE TO ABIDE BY THE FASTNET ACCEPTABLE USE POLICY. Use of FASTNET's Network constitutes acceptance of these Terms and Conditions. The term~ of this agreement will be between 04125/2002 AND 04125/2003. For Customer: Address: Printed Name: Signature: By FASTNET: Printed Name: Signature: Date: Allen Deckert From: Sent: To: Cc: Subject: Gregory Brengel [Gregory. Brengei@fast.net] Wednesday, January 02, 2002 9:42 AM 'adeckert@pa.net' 'hallerp@pa.net' Helle Greetings, I wish you two a very Happy New Year. I hope you Holiday season was as relaxing as my own. I wanted to touch base with both of you regarding the cross connect install from Adelphia. May Nestor on our end spoke with Adelphia suggesting that Cumberland could handle the install, they state the install would need to be performed from them. Do you two know anything different? Let me know how I can help, thanks.. Gregory W. Brengel - Senior Account Executive FASTNET - Internet Solutions 610.266.6700, ext. 2088 www.fast.net Allen Deckert From: Sent: To: Subject: Allen Deckert [adeckert@pa.net] Wednesday, January 30, 2002 10:42 AM Gregory Brengel Cross Connect for PA. NET Hi Greg, Need some assistance. 1. Last Friday (25 January) we received invoice ~ 128219 dated 17 January for $4002.50 for circuit installation and service from the period 8 Jan to 7 Feb. 2. Last Saturday (26 January) we received a second invoice (9128232) also dated 17 January. This one listed the $4002.50 as past due, and included an additional charge of $3707.50 for the period 8 Feb through 7 March. 3. As you know the wire is run between the cabinets, but that is the extent of the progress, and to date efforts to turn on BGP routing have not been successful. Sample correspondence forwarded to me by our engineers: Apparently, FASTNET's router that we're attached to, will talk to us, but will not forward packets, unless it has an access list logging the packets. Joe has opened a cisco trouble ticket for this. I talked to Joe Smith and his network is having interestiLng issues. I.e., he doesn't know why we're not routing through FASTNET, but he's looking into it. I started trouble ticket ~190029. Many many odd problems whenever routes through Fastnet are entered into our system. For example, DSL customers that you have in this area (Amy@Pennsylvania Coalition Against Rape-PCAR in Enola) are unable to access their web page or e-mail accounts on our servers. Thanks for your ideas on resolving this. Allen 717.591.1707 Allen Deckert From: Sent: To: Subject: Allen Deckert [adeckert@pa.net] Thursday, February 14, 2002 12:28 PM Gregory. Brengel@fast.net FW: Cross Connect for PA. NET Hello Greg, hope you are well. I never heard back from you in response to my e-mail below. 1. You might want to check with your engineers as to status of our cross connect circuit. Specifically, - troubles on your switch were finally resolved a little over a week ago and circuit was turned up one week ago (7 February). - when the circuit was turned up, rate limiting and other Fastnet network "safeguards" automatically kicked in and rate limited us to 3Mb (2Tls). That problem was not identified until early this week, - there are still issues with FastNET IPs not being routed properly to our other upstream (AT&T) see your trouble ticket # is 326304 2. Meanwhile, today I received a third invoice showing a total now due of $11,417.50. 3. The service has not worked well enough that we've been able to issue disconnect orders for any of our existing services. Please call me, Allen 717.975.9000 ..... Original Message ..... From: Allen Deckert [mailto:adeckert@pa.net] Sent: Wednesday, January 30, 2002 10:42 To: Gregory Brengel Subject: Cross Connect for PA.NET Hi Greg, Need some assistance. 1. Last Friday (25 January) we received invoice % 128219 dated 17 January for $4002.50 for circuit installation and service from the period 8 Jan to 7 Feb. 2. Last Saturday (26 January) we received a second invoioe (%128232) also dated 17 January. This one listed the $4002.50 as past due, and included an additional charge of $3707.50 for the period 8 Feb through 7 March. 3. As you know the wire is run between the cabinets, but that is the extent of the progress, and to date efforts to turn on BGP routing have not been successful. Sample correspondence forwarded to me by our engineers: Apparently, FASTNET's router that we're attached to, will talk to us, but will not forward packets, unless it has an access list logging the packets. Joe has opened a cisco trouble ticket for this. I talked to Joe Smith and his network is having interesting issues. I.e., he doesn't know why we're not routing through FASTNET, but he's looking Allen Deckert From: Sent: To: Subject: John Buckner [johnbuckner@fast.net] Tuesday, March 19, 2002 4:32 PM 'adeckert@pa.net' New paperwork for Mechanicsburg Cross Connect Cumberland PO.doc TERMS AND IDUr]ONS FOR DIRE Allen, I have attached all of the paperwork needed to lower the connection to the 1Mbps. If you could, please sign the paperwork and fax it back to me at 610.997.5765. I will be in touch soon with the information on the Trevose location. Let me know if you have any questions. Thank you again for allowing us to provide you with our services. I look forward working with you moving forward. Best Regards, John Buckner, Senior Account Executive FASTNET - Internet Solutions 610.266.6700, ext. 2148 www.fast.net <<Cumberland PO.doc>> <<TERMS AND CONDITIONS FOR DIRECT CUSTOMERS.doc>> FASTNE-F' FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 610.266.6700 .ustomer Name: Cumberland Technologies International C~Customer Number: 0000112483 Service Start Date Service End Date 01/08/2002 02/07/2002 Invoice Date 01/17/2002 Sign a one year contract with FASTNET for TI, T3, or OC3 and receive t0% off of the first month's charges. CALL FOR DETAILS 888-321 .FAST *Some restrictions may apply. Offer available on new contracts only. Invoice Number I1 128219 Due Date Past Due Balance 02/16/2002 0.00 Current Charges Total Due $ 4,002.50 4,002.50 Quantity 1 1 1 1 Description Colocation Cross Connect between Cages DS3 Colocation Cross Connect between Cages DS3 Setup Fee T3 Tiered dedicated IP direct connection 7.5M. Telco Charge for T3 Access Montly Price ! Amount 200.00 ~ $200.00 295.00 i $295.00 3,375.00 $3,375.00 125.00 $125.00 Thank you for your business. I Subtotal: I $3,995.00 Tax:! $7.50 Total:: $4,002.50 FASTNET' Invoice Number Past Due Balance ; Current Charges Total Due Amount Enclosed 128219 0.00 $ 4,002.50 4,002.50 Cumberland Technologies International Cumberland Technologies Internationat 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 610.266.6700 FAS 7:,'%/£-F* FASTNET C-rporation 268 Brodhead ,Road Bethlehem, f',.% 18017 610.266.6700 Customer Name: CumbedandTechnologies International Customer Number: 0000112483 Service Start Date ~ Service End Date 02/08/2002 03/07/2002 invoice Date 01/1712002 Sign e one year contract with FASTNET for T1, T3, or OC3 and receive 10% off of the first month's charges. CALL FOR DETAILS 888-321 .FAST *Some restrictions may apply. Offer available on new contracts only. 'lumber Due Date Past Due Balance Current Charges Total Due 232 02/16/2002 4,002.50 $ 3,707.50 7,710.00 (~ualtti[y 1 1 1 Descriotlon Colocation Cross Connect between Cages D$3 ~ 3 Tiered dedicated IP direct connection 7.5M. Telco Charge for T3 Access Montly Price Amount 200.00 $200.0( 3,375.00 $3,375.00 125.00 $125.00 Thank you for your business. Subtotal: $3,700.00 Tax: $7.50 Total: $3,707.50 Invoico Humber Past Due Balance Current Charges Total Due Amount Enclosed 12~2 4,002.50 $ 3,707.50 7,710.00 ~ Cumberland Technologies International Cumberland Technologies International 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 610.266,6700 !FASTNET' FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 610.266.6700 CustomerName: Cumberland Technologies International I Customer Number: 0000112483 Service Start Date Service End Date 03/08/2002 04/07/2002 invoice Date 0Z/08/2002 Sign a one year contract with FASTNET for T'I, T3, or OC3 and receive 10% off of the first month's charges. CALL FOR DETAILS 888-321-FAST *Some restrictions may apply. Offer available on new contracts only. Invoice Number 132906 Due Date Past Due Balance 03/10/2002 ~ 7,710.00 Current Charges $ 3,707.50 Total Due 11,417.50 Quantity 1 1 1 ' Colocation Cross Connect between Cages DS3 T3 Tiered dedicated IP direct connection 7.5M. Teico Charge for T3 Access Montly Description Price ! Amount 200,00 $200.0( 3,375.00 i $3,375.00 125.00 I $125.00 Thank you for your business. Subtotal: j $3,700.00 Tax: ' $7.50 Total:i $3,707.50 FASTNET' Invoice Number Past Due Balance 132906 7,710.00 Current Charges $ 3,707.50 Total Due Amount Enclosed 11,417.50 Cumberland Technologies International Cumberland Technologies International 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 FASTNET Corpo~tion 268 Brodhead Road Bethlehem, PA 18017 610.266.6700 FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 810.266.6700 ICustomerName: Cumberland Technologies International I / InvoiceDate 03/08/2002 Customer Number: 0000112483 Service Start Date Service End Date 05/07/2002 04/08/2002 Sign a one year contract with FASTNET for TI, T3, or OC3 and receive 10% off of the first month's charges. CALL FOR DETAILS 888-321-FAST *Some restrictions may apply. Offer available on new contracts only. Invoice Number Due Date Past Due Balance Current Charges Total Due 141517 04/07/2002 11,417.50 $ 3,707.50 15,125.00 Quantity I Descriution Price Amount I I Colocation Cross Connect between Cages DS3 200.00 $200.00 1 I T3 Tiered dedicated IP direct connection 7.5M. 3,375.00 $3,375.00 1 I Telco Charge for T3 Access Montly 125.00 $125.00 I Thank you for your business. Subtotal: $3,700.00 Tax: $7.50 Total: $3,707.50 r- .S NET' Invoice Number I Past Due Balance Current Charges I Total Due Amount Enclosed 141517 11,417.50 i $ 3,707.50 15,125.00 Cumberland Technologies international Cumberland Technologies international 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 610.266.6700 ~R-20-2002 ;?:02 F~O),q-'F^$THET A JNTI~G 610-807-091)1 T-465 P.001/004 F-O0? FAST/VET' InTerne! Services TWO COLIRTNEY PLACE SUITE 130 3864 COURTNEY STREET BETHLEHEM, PA, 18017 PHONE: 610.206.6700 FAX: 610.266.86~3 Facsimile Transmittal TO: Cumberland Technolog~s Company:. Fax: 717-2.584~7~ FROM: Co,po:ate Fax: Date: 3-29-2002 Subject: Invo'~e~ Raquested Numl:~' of pages [-~'~:tucling cove'): Notes: This message is inmnded only for the use of the Zndividual or entity to which it is addressed and may oontaln information that is privileged, confiderlfiat, end exempt from dls~osure under appl;iaable law. If the reader of this message ~s not the intended recipTent, or the employee or agent responsible for'Jla delivery of this message to the intended recipient, you are he~y noUfiec~ T~aT any disseminaUon, distribution or copying a[ this communication is sthctly prohil~ited. If you have received this communication in error, please ~otify us Immediately by tetephor~e, end return the original to us at the above acJdrese via the U.S. Postal Service. Trtank you, ~R-20-2002 I?:02 FROM-FASTNET ! 'NTING 610-807-0~1)1 T-465 P.002/004 F-997 FASTNET Corporation 268 Dronhcad Road Bethlehem. PA 18017 888.321.3278 Account Number: 0000112483 Set. ce Stac~ Date: 02/08/2002 Service End Date: 03/07/2002 Due Date: ~ 03/3112002 Previous Balan~ $ 0.00 To,al DUe: , $ 2,90~.00 Cumberlanct Technotogles international Cuml3erlend Technologies International 401 East Lou~3er Street, Suite 22.;3 Carlisle, PA 17013-3643 flint m~th'a chargee. CAI-L FOR DETAILS 988-321 -FAST Co~o~a~en Cross Connec~ ~ween Cages 0.53 Setup Fee .~"~ ~1'~// Server ColocaSon 3M delivered Ethernet Prom Fee a~ mrougn ~=et) 19m Server Col~catJ~ 7.5 M aelivema Etherne! From Feb lgth Through 3/7/2002 200,00 $200.00 295.00 $295.00 585.00 $585.00 1,687'.50 $%887.50 Thank you for your business. 125.00 $125.00 $2,892.50 $7.50 $2,900.0D Account Numbm' I Please remit payment to: FASTNET Corporation 268 Brodhesd Road InVol~e Numt~er 146803 Prm,'ieue Balance Cun~ent Charges ' Teml Due Amount Enclosed 2,900.00 . Payment Method Please Cheek One: Check r-I Money Omer r-I Creoit Card Credit Card Type: visa n MasterCard [] Die.ever Crodlt Card Number:. American Expms i'-I Expiratien Date: / Would you like us to autornatically bill this Credit Card for future invoices? Yes I~ No Slgnat~re of Authorization: Date: IAR-Zg-Z00Z 17:02 FRO~FASTNET t JNTING 610-807-0901 T-dS5 P.003/004 F-SO? FASTNET Corporation 268 Bmdhead Road Bethlehem, PA 18017 888,321,3278 Semice $;art Date: Service End Date: 0000112483 lnvoige Date: 03/08/2002 Previous Balal~ce ICumbedar~d Tect~rtoloGies international Cumberland Technologies Imemational 401 East Loumer Street, Suite 223 Carlisle, PA 17013-3643 03/01/2002 $ o,oo $ 3,7o7.Bo .. P~ce Amount Ouant? ' C~¢a~ofl Cr~ee Cenn~m ~en Caeca 083'"' .... ~0.00 1 ~ S~r ~tlon 7.5m aeli~md E~emet 3.375.00 $3,375.00 ~k you far your busing. Suni: $3,700,~ T~: $7.~ A~ount Number i Previous Balance 000o112483 I 146804 ~] - 0.00 Please remit payment to; Payment Method FASTNET Corporation Please Check One: Check 268 Bredhead Road Credit Card Type: Visa Bethlehem, PA 18017 888.321.3278 Credit Card Number: $ 3.707,50 3,707.50 Money Order ITM Crecfit Care ~'] MasterCar(3 [] Discover I~ American Expres [] Expiration Date: / Would you like ua to automatically bill this Credit Carol for future Invoices? Yes [] No Signature Of Authorization: Date: FROM-FASTNET , JNTIEG 610-807-0001 FASTNET Corporation 268 Brodhead Road Bethlehem, PA 18017 888.321.3278 8ervloe 8tart Date: 0410~/2002 Service End Date: 05~07/2002 D~e Date; Cumberland Technologies International Cumberland Technologies International 401 East Louther Street, Suite 223 Carlisle, PA 17013-3643 T-465 P.004/004 Previous Balance $ 0.00 Total D~e: i Colocaaon Cro~s connect betw=en Cages 1Mbp~ flcx~ b~rmal3i; to 6Mbps 951~1 percen~le billltl9 Tel~ Cna~ge forT1 Access Monthly pr~;q, I 650.00 ' $850.00 12§,00 $125,00 Sub~ta $775,00 Tm¢ $7.50 Total; $782.50 Please remit payment to: FASTNET Corporation 288 Brodhead Road Bethlehem, PA 18017 888.321.3278 ~i Cu.'em Clt;u'ges i} Total. Due.. - - ~ount EnckNmd Payment Method Please Check One: Cne~k [] Money Omer [-] Credit Cara r'[ Credit Card Type: Vi~ I-] Masted, am ~ Drscover [] American F. xpre$ I--~ Credit Card Number:. Expiration Date: / Would you like us tO autemaflcally bill this Credit Card for futura Invoices? Yes [] No [] Signature of Authorlzatioil: Date: Allen Deckert From: Sent: To: Cc: Subject: Dan Keelan [Dan. Keelan@corp.fast. net] Tuesday, January 14, 2003 1:17 PM 'adeckert@pa.net'; 'leland@pa.net'; 'patrick@ctinetworks.com' Terry Hutchinson; Dana Heffernan; Brian Cheek FASTNET Harrisburg POP Leland, Patrick and Allen: I wanted to personally make sure that you are aware of the Mechanicsburg POP is being shut down tomorrow and that any FASTNET connectivity out of that facility will be completely unavailable to you. If you are not aware of this development please advise me. Daniel J. Keelan Regional Sales Director FASTNET - Internet Solutions P: 610.862.0460 F: 610.825.9900 www.fast.net "Digital power was designed to make us better analog people. Guy Kawasaki 8/15/2002 ACCOUnts Payable Dept Cumberland Technologies Interna Cumberland Technologies Interna 401 East Loutber Street, Suite Carlisle, PA 17013-3643 Attn: FASTNET CORPORATION TVVO COURTNEY PLACE SUITE 130 3864 COURTNEY STREET BETHLEHEM, PA 18017 PHONE: 610.266.6700 TOLL FREE: 886.321 .FAST FAX: 610.231.9525 EMAIL: sales@fastnet WES: www.fast,net Accounts Payable This letter is to inform you that your account has a past due balance of $4,191.92. Please review the invoices listed below and advise immediately when payment maybe expected. INV0000146792 3/29/2002 $782.50 INV0000171189 6/8/2002 $1,704.66 INV0000181695 7/8/2002 $1,704.66 For your convenience we accept Master Card, Visa, Amex, Discover, check or money order. Fastnet Corporation 268 Broadhead Road Bethlehem, PA 18017 Should you have any further questions, please contact me at 1-888-321-3278 ext. 2134 or e-mail April.Bracali@FaSt.Net. Thank you in advance for your prompt handling of this matter. Supervisor Accounts Receivable 1 -Ma 1-Mar 29-Mar-t 29-Mar-Q 29-Mar-02 -May-02 161, -May-02 1614 May-02 1614& -May-02 167898 -May~02 167898 'May-02 167898 May-02 167898 m-02 167899 Tre~ n-02 167899 Trev~ n-02 167899 tax ~-02 171189 1 Mb bu, -02 171189 Trevose -02 171189 Trevose 7 .02 171189 /elco circuh 02 171189 ~x , CorpOrafi° August ~4, ~00l c¢ ~" ~o~ ~oU[ lc~c~ o~ A~S~ ~cv~C~ ~nv,o~cCs back to m -' 695 ~c ~i~e iou- : ~1104.66 ea~ not sate t~aL~ SincerelY' Oer~era~ Marx - 181695 I Mb burstser _ CTINetwo~s 5170 East TdndJe Road Mechanicsbu~,PA 17050 v.717.975.9000 [ 717.258.0975 · Ctl networks Phone: Date: ~/~ /40(/ -Zed 7_ Re: CC: [] Urgent [] For Review [] Please Comment [] Please Reply [] Please Recycle · Comments: April 30, 2003 Cumberland Technologies international Cumberland Technologies International 5170 E Trindle Road Cumberland Technologies International 5170 E Trindle Road Mechanicsburg, PA 17050-3650 Dear Valued Customer: Effective Immediately FASTNET Corporation has initiated a change of address for both invoice remittance and customer correspondence. When submitting payments by mail, please include the bottom portion of your invoice along with your check or money order payable to FASTNET Corporation and remit all future payments to: FASTNET Corporation P.O. Box # 53007 NEWARK NJ 07101 This change does not affect customers who pay by Master Card, VISA, American Express and Discover. For questions concerning your bill and general correspondence, please contact the FASTNET Billing Department at: FASTNET Corporation 3864 Courtney St. Suite 130 Bethlehem, PA. 18017 (888) 321-3278 e-mail: accountin.q~, fast. net We appreciate you utilizing FASTNET for all of your current Intern, et service requirements and look forward to serving your future needs. If you have any additional naeds that we can assist you with, please feel free to contact the FASTNET sales department at: (800) 321-FAST or email at sales@fast.net. Sincerely, Mary Anne Nastasee Billing Manager accountinq~, fast.net 610.266.6700 FASTNET Corporation 268 Brodhead Road Bethlehem, P~ 18017 888.321.32-78 ) Transcend Technology Dale Malcolm 905 Harrison St Suite 130 Allentown, PA 18103 Customer Name: Account Number: Service Start Date: Transcend Technology 0000102032 Invoice Number: 224607 Invoice Date: 11/08/2002 Previous Balance: $1,254.85 Current Charges: $ 50.00 ,304.85 Total Due: Sign a one year contract with FASTNET for TI, T3, or OC3 and receive '10% off of the first month's charges, Service End Date: 12/08/2002 01/07/2003 CALL FOR DETAILS 888-321-FAST Quantib/ I ~ptional TMS with Branch Office VPN Descriofion Price I Am°unt $50.00 $50.00 Subtotal: $50.00 Tax: $0.00 Total: $50.00 Account Number Invoice Number Previous Balance ! Current Chargers I Total Due I Amount Enclosed 0000102032 224607 I $1,254.85 i $ 50.00 I $1,304.85 Please remit payment to: Payment Method FASTNET Corporation Please Check One: Check [] Money Order [] Credit Card [] 268 Brodhead Road Credit Card Type: Visa [] MasterCard [] Discover [] Bethlehem, PA 18017 888.321.3278 Credit Card Number: Expiration Date: / Would you like us to automatically bill this Credit Card for future invoices? American Expres [] Yes [] No [] E~,t;~ ~ ~Signature Of Authorization: Date: CRC 2970 BRANDYWINE ROAD STE 115 ATLANTA~ GA 30341-5528 ADDRESS SERVICE REQUEgTED CAPITAL RECOVERY CORPORATION ~Veb Page: ~ww.capil'alrecover,;.net e-maih i{,;~ o u rmon e', (a'capitalre¢overv.net ,90 IIl~llJllltgllfl gflDllllL CUUBERLAND TECHNOLOGIE$ INTERNATIONAL ATTN: UR. KEVIN BONNER 5170 E TRINDLE RD MEOHANICSBURG PA 17050-3650 Uarch 25, 2004 RE: FASTNET Corp. Pr£n. $8,928.10 + Int. $535.69 = $9,463.79 Our File #96161 112483 The above referenced account which ±s ser±ously mast-due has been placed with us for collection. Our instructions are to make demand and if payment is not forthcoming to proceed with steps to effect collection. Your immediate attention is required . Very truly yours, AE/dbf Enclosure Alex English Ext 15 DETACH AND RETURN THTS PORTION WITH PAYMENT THANK YOU! GNational & Foreign Collection Specialists & Consultants /~k 770-216-9401 -- 770-216-9353 (FAX),..~..,,~.~ CIL& Make Checks Payable To: CAPITAL RECOVERY CORPORATION 2970 BRANDYWINE RD STE 115 ATLANTA GA 30341-5528 RE: FASTNET Corp. Prln. $8~928.10 + Int. $535.69 = $9~463.79 Our File #96161 112483 CRC 2970 BRANDYW/NE ROAD STE 115 ATLANTAj GA 30341-5528 ADDRESS SERVICE REQUESTED CAPITAL RECOVERY CORPORATION Web Page: ~ww.capitalrecovery. nef e-maih it ss ou rmonev/a' ca~i~ alre~;o~ ~ry.p~! CUMBERLAND TECHNOLOGIES INTERNATIONAL ATTN: MR. KEVIN BONNER 5170 E TRINDLE RD ~ECHANICSBURG PA 17050-3650 April 16, 2004 RE: Fastnet.::Esta}ei'.Inc. · ... ' $9,463,79 - 112483 · · Since you have fa£1ed~ ~o pay th±s:'~icc~un~:'deSpi;;te :our.;~fforts our cllent has instructed U~;to ~efe~ this ~te~::tc;:~eir:attorney in your area. Unless your,check is'receivedby return ma~i;'W~ will be compelled to follow through with no further notice to you~ AE/dbt Very ~ruly yours,~ Alex English Ext. 15 Enclosure DETACH AND RETURN THIS PORTION WITH PAYMENT THANK YOUI National & Foreign Collection Specia]Jists & Consultants /~k 770-216-9401 -- 770-216-9353 (FAX) Make Checks Payable To: $9}463.79 - Our flle #96161 112483 CAPITAL RECOVERY CORPORATION 2970 BRANDW/INE RD STE 115 ATLANTA GA 30341-5528 h,lhlh,..Ih,h,h,,Ihhh,hh,,hlh,hhl,,I Allen Deckert From: Sent: To: Subject: Wilson, Antoine [awilson@uslec.com] Monday, April 05, 2004 7:59 AM deckerta@PA.net RE: [isp-clec] Introduction - US LEC Allen, I would love to discuss this opportunity with you with one of our Solutions Engineers on the line. This is something that we would love to help yeu with. At first glance it looks like we serve all of the areas below, with two exceptions (Culpeper and Salisbury). I am free all day. Antoine Wilson Account Executive US LEC 703-584-6845 Direct 703-728-7750 Cell 800-97-USLEC Toll Free 703-893-9257 Fax awilson@uslec.com www.uslec.com ..... Original Message ..... From: Allen Deckert [mailto:ADeckert@PA.net] Sent: Friday, April 02, 2004 12:42 PM To: Wilson, Antoine Subject: RE: [isp-clec] Introduction - US LEC Hello Antoine, I'm not sure whether you work in leased lines, voice, Internet access, or if US LEC has a special wholesale / ISP Services division that this inquiry should be forwarded to. We are interested in expanding our dialup footprint and would like information on one-way inbound PRI products for the service areas below. Basically we'd like to cover as much of this area from as: few co-location points as possible. LATA 228 - Philly/Delaware LATA 220 - New Jersey (coastal) LATA 222 - New Jersey (Delaware Valley) LATA 236 - Washington D.C./Northern VA LATA 238 - Baltimore, MD LATA 242 - Salisbury, MD LATA 252 - Norfolk, VA LATA 246 - Culpeper, VA Thanks, Allen Deckert General Manager, Pa.net 717.975.9000 x8211 ..... Original Message ..... From: Wilson, Antoine [mailto:awilson@uslec.com] Sent: Monday, February 16, 2004 12:12 PM Feb 7 - 12, 2002 (@40%) Feb 13- Mar 12, 2002 Mar 13- Mar 18, 2002 Circuit Installation Mar 19- Dec 18, 2002 (9 months) May 17, 2002 - May 16, 2003 (12 months) Circuit Installation Payments to FASTNET during 2002 Payments to FASTNET during 2003 TOTAL Payments to FASTNET TOTAL Services Received Total due Estate of FASTNET Service Charge and Payment Summary FASTNET v Cumberland Technologies International Mechanicsburg Mechanicsburg Trevose Payments by 7.5Mb 1.0 Mb T1 Line CTI On All Exhibit 'A' Exhibit '[3' Exhibit 'C' Invoices $3700/month $650/month $895/month 296.00 3700.00 296.00 0.00 5850.00 10740.00 497.50 $ 4,292.00 $ 5,850.00 $ 11,237.50 15913.30 2235.06 $ 18,148.36 $ 21,379.50 $ 3,231.14 EXHIBIT F SHERIFF'S RETURN - CASE NO: 2004-03566 P COMMONWEALTH OF PENNSYLVanIA: COUNTY OF CUMBERLAND FASTNET CORPOP~ATION VS DECKERT ARTHUR A ET AL REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE DECKERT ARTHUR A DEFENDANT at 1407:00 HOURS, on at 5170 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 ARTHUR A DECKERT a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the the 28th day of July 2004 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.40 Affidavit .00 Surcharge 10.00 .00 35.40 Sworn and Subscribed to before me this 9~-- day of -- ~eO~ A.D. So Answers: R. Thomas Kline 07/28/2004 KNUPP KODAK IMBLUM SHERIFF'S RETURN - REGULAR CASE NO: 2004-03566 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FASTNET CORPORATION VS DECKERT ARTHUR A ET AL ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon DECKERT ARTHUR T/A CIIMBERLAND TECHNOLOGIES INTERNATIONAL DEFENDANT at 1407:00 HOURS, at 5170 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 ARTHUR A DECKERT Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 28th day of July by handing to the , 2004 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this W ~ day of honotary ' ~ - So Answers: R. Thomas Kline 07/29/2004 KNUPP KODAK IMBLUH '- ~puty Sheriff FASTNET CORPORATION Plaintiff ARTHUR A. DECKERT, Individually and Trading as CUMBERLAND TECHNOLOGIES iNTERNATIONAL, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3566 CIVIL DIVISION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel for defendant Arthur A. Deckert, Individually and Trading as Cumberland Technologies International, and send all orders and notices to us at the address noted below. Date: September 17, 2004 Mark S. Stewart, I.D. No. 75958 Wol£Block Schorr and Solis-Cohen LLP 212 Locust Street, Suite 300 Harrisburg, PA 17101 (717) 237-7182 CERTIFICATE OF SERVICE I hereby certify that this day, I caused a true and correct copy of the foregoing document to be served upon the following counsel of record by United States mail, postage prepaid: Robert D. Kodak, Esquire Knupp, Kodak & Imblum, PC Cameron Mansion 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Date: September 17, 2004 Mark S. Stewart, Esquire FASTNET CORPORATION Plaintiff ARTHUR A. DECKERT, Individually and Trading As CUMBERLAND TECHNOLOGIES INTERNATIONAL Defendant In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 04-3566 CIVIL DIVISION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO Cumberland County Prothonotary Dated: November 11, 2004 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff