HomeMy WebLinkAbout13-2115 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: 13- 115 0'%ui1 Term
vs.
NETREPID, INC:,PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
MM
� -
SAMUEL D. COYL and JENNIFER COYL, o
Defendants. CD`-' '
x> `D I'
CONFESSION OF JUDGMENT
CO
Pursuant to the authority contained in the aforesaid Note and Guaranties, copies of which
are attached to the Complaint filed in this action, I appear for the Defendants and confess
judgment in favor of Plaintiff and against Defendants as follows:
Principal $ 268,532.69
Interest through 4/9/2013 $ 42,534.68
Late Charges $ 11,107.32
Attorney's Fees and Costs $ 30,561.27
(10% of Unpaid Principal &Accrued Interest)
TOTAL $352,735.96
with interest on the principal sum of($268,532.69) from April 10, 2013 at $82.05 per
diem.
JAMES, SMIT ,D T ERICK
& CONNE
Date: L4— It r 3 BY:
Scott A. 1 rick, E ire
PA I.D. #55650
Attorney for Defendants S
PRO HAC VICE
PP
P.O. Box 650 �'�
Hershey, PA 17033 G 1 b413
(717) 533-3280 ea8q►�o�/
Milled
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.:
VS.
NETREPID, INC., PENNSYLVANIA ONLINE
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
TYPE OF PLEADING:
Defendants. CIVIL ACTION- COMPLAINT IN
CONFESSION OF JUDGMENT
TO: DEFENDANT(s) FILED ON BEHALF OF:
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE First National Bank of Pennsylvania,
ENCLOSED COMPLAINT WITHIN TWENTY(20)DAYS Plaintiff
FROM SERVICE REOF OR A DEFAULT JUDGMENT
MAY BE ENTE D AG YOU.
COUNSEL OF RECORD FOR
THIS PARTY:
y
� Scott A. Dietterick, Esquire
ATTORNEY FOR PLAINTIFF Pa. I.D. #55650
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS: JAMES, SMITH, DIETTERICK&
409 North Second Street,Suite 201 CONNELLY LLP
Harrisburg,PA 17101 P.O. Box 650
AND THE DEFENDANT(S): Hershey,PA 17033
Netrepid,Inc.&Pennsylvania Online Ltd (717) 533-3280
Samuel D.Coyl&Jennifer Coyl
21 North Enola Drive,Enola,PA 17025
Kevin Coyl& el a ie Coyl
8 Citadel'-A' e, p Hill,PA 17011
ATT Y FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: f 3 ( fe!n.
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD,KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT
And now comes First National Bank of Pennsylvania by its attorneys, James, Smith,
Dietterick& Connelly, LLP, and files this Complaint in Confession of Judgment as follows:
1. First National Bank of Pennsylvania("Plaintiff') is a financial institution under
the laws of the United States of America, with its principal place of business located at 409
North Second Street, Suite 201, Harrisburg, Pennsylvania 17101.
2. The Defendant,Netrepid, Inc., is a corporation with an address of 21 North Enola
Drive, Enola, Pennsylvania 17025.
3. The Defendant, Pennsylvania Online Ltd., is a limited partnership with an address
of 21 North Enola Drive, Enola, Pennsylvania 17025.
4. The Defendants, Kevin Coyl and Melanie Coyl, are adult individuals with an
address of 8 Citadel Drive, Camp Hill, Pennsylvania 17011.
5. The Defendants, Samuel D. Coyl and Jennifer Coyl, are adult individuals with an
address of 21 North Enola Drive, Enola, Pennsylvania 17025.
6. On or about June 19, 2009,Defendants,Netrepid, Inc. and Pennsylvania Online,
Ltd., executed and delivered a certain Promissory Note("Note") in favor,of Plaintiff in the
original principal amount of$500,000.00, which Note authorized a Confession of Judgment
against Defendants,Netrepid, Inc. and Pennsylvania Online, Ltd. A copy of said Note is marked
Exhibit"A", attached hereto and made a part hereof.
7. On or about June 19,2009,Defendant,Kevin Coyl, executed and delivered to
Plaintiff a Commercial Guaranty("Kevin Guaranty") irrevocably guarantying and becoming
surety for all obligations of Defendant,Netrepid, Inc. and Pennsylvania Online, Ltd.,to Plaintiff
under the Note, which Kevin Guaranty authorized a Confession of Judgment against Kevin Coyl.
A true and correct copy of the Kevin Guaranty is marked Exhibit"B", attached hereto and made
a part hereof.
8. On or about June 19,2009,Defendant, Melanie Coyl, executed and delivered to
Plaintiff a Commercial Guaranty("Melanie Guaranty") irrevocably guarantying and becoming
surety for all obligations of Defendant,Netrepid, Inc. and Pennsylvania Online, Ltd.,to Plaintiff
under the Note, which Melanie Guaranty authorized a Confession of Judgment against Melanie
Coyl. A true and correct copy of the Melanie Guaranty is marked Exhibit"C", attached hereto
and made a part hereof.
9. On or about June 19, 2009,Defendant, Samuel D. Coyl, executed and delivered to
Plaintiff a Commercial Guaranty("Samuel Guaranty")irrevocably guarantying and becoming
surety for all obligations of Defendant,Netrepid, Inc. and Pennsylvania Online, Ltd.,to Plaintiff
under the Note,which Samuel Guaranty authorized a Confession of Judgment against Samuel D.
Coyl. A true and correct copy of the Samuel Guaranty is marked Exhibit"D", attached hereto
and made a part hereof.
10. On or about June 19, 2009, Defendant, Jennifer Coyl, executed and delivered to
Plaintiff a Commercial Guaranty("Jennifer Guaranty"hereinafter collectively referred to with
the Kevin Guaranty, the Melanie Guaranty and the Samuel Guaranty as the"Guaranties")
irrevocably guarantying and becoming surety for all obligations of Defendant,Netrepid, Inc. and
Pennsylvania Online, Ltd., to Plaintiff under the Note, which Jennifer Guaranty authorized a
Confession of Judgment against Jennifer Coyl. A true and correct copy of the Jennifer Guaranty
is marked Exhibit"E", attached hereto and made a part hereof.
11. Neither the Note nor the Guaranties have been released, transferred or assigned.
-12. Judgment has not been entered against the Defendants on the Note or the
Guaranties in any jurisdiction.
13. Defendants are in default under the aforesaid Note and Guaranties, for failure to
pay installments of principal and interest when due.
14. The judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
15. The itemization of the amount due, including interest and attorneys' fees as
authorized by the Note and Guaranties is as follows:
Principal $ 268,532.69.
Interest through 4/9/2013 $ 42,534.68
Late Charges $ 11,107.32
Attorney's Fees and Costs $ 30,561.27
(10% of Unpaid Principal &Accrued Interest)
TOTAL $ 352,735.96
with interest on the principal sum of($268,532.69) from April 10, 2013 at $82.05 per
diem.
WHEREFORE, Plaintiff as authorized by the Note and Guaranties, demands judgment
against the Defendants in the amount of$352,735.96 with interest on the principal sum
($268,532.69) from April 10, 2.013 at $82.05 per diem, and brings said instrument to Court to
recover the said sum.
JAMES, SMITH,DKITERICK
& CONNELL
171)
L
Date: —I ( t— BY:
Scott A. Di6terick, Esquire
PA I.D. # 55650
Attorney for Plaintiff
P.O. BOX 650 .
Hershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
E
*0955"
PROMISSORY NOTE
1
:
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing"•**" has been omitted due to text length limitations.
Borrower: Netrepid,Inc. Lender: First National Bank of Pennsylvania
Pennsylvania Online Ltd. BBU Capital
21 North Enola Drive One FNB Blvd
Enola, PA 17025 Hermitage,PA 16148
i
Principal Amount: $500,000.00 gate of Note: June 19, 2009
PROMISE TO PAY. Netrepid, Inc. ; and Pennsylvania Online Ltd. ("Borrower")jointly and severally promise to pay to First National Bank of
Pennsylvania ("Lender"), or order, in lawful money of the United States of America,the principal amount of Five Hundred Thousand &001100
Dollars ($500,000.00),together with interest on the unpaid principal balance from June 19, 2009, calculated as described In the "INTEREST r
CALCULATION METHOD" paragraph using an interest rate of 7.000% par annum based on a year of 360 days, until paid in full. The interest
rate may change under the terms and conditions of the"INTEREST AFTER DEFAULT"section.
PAYMENT. Borrower will pay this loan in 60 payments of $9,917.25 each payment. Borrower's first payment Is due July 15,2009, and all
subsequent payments are due on the same day of each month after that. Borrower's final payment will be due on June 15, 2014,and will be
for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable
law,payments will be applied first to any accrued unpaid interest;then to principal;then to any unpaid collection costs; and then to any fate
charges. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing.
INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651360 basis; that is, by applying the ratio of the interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is '
outstanding. All Interest payable under this Note is computed using this method.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 8.000%of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default,including failure to pay upon final maturity,the interest rate on this Note shall be increased by 4.000
percentage points. if judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in
effect at the time judgment is entered. However,in no event will the Interest rate exceed the maximum interest rate limitations under applicable -
law.
DEFAULT. Each of the following shall constitute an event of default("Event of Default")under this Nate:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in
any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other.agreement`
between Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this
Note or the related documents Is false or misleading in any material respect,either now or at the time made or furnished or becomes false
or misleading at any time thereafter.
Insolvency. The dissolution or termination of Borrower's existence as a going business,the insolvency of Borrower,the appointment of a
receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan.
This Includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall I
not apply If there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or i
forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or
a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in Its sole discretion, as being an adequate 1
reserve or bond for the dispute.
Events Affecting Guarantor, Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness i
evidenced by this Note.
Change In Ownership. Any change in ownership of twenty-five percent(25%)or more of the common stock of Borrower.
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance of this Note is impaired.
insecurity. Lender in good faith believes itself insecure.
Cure Provisions. if any default, other than a default in payment is curable and If Borrower has not been given a notice of a breach of the
same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from
Lender demanding cure of such default: (1) cures the default within fifteen 0 5) days; or (2) if the cure requires more than fifteen (15)
days, immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notlen as required by applicable law, declare the entire unpaid principal
PROMISSORY NOTE
(Continued) Page 2
balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay
Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys'fees and Lender's legal expenses,
whether or not there is a lawsuit, including reasonable attorneys' fees;expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs,in addition to
all other sums provided by law.
JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender
or Borrower against the other.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the
Commonwealth of Pennsylvania.
CHOICE OF VENUE, If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender(whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may
open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by
law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any
and all such accounts.
FINANCIAL INFORMATION.The undersigned hereby agrees to prepare or cause to be prepared and to furnish financial statements and additional
information, lists of assets and liabilities, quarterly aging lists of accounts receivable and payable, Inventory schedules, budgets, forecasts, tax
returns and other reports and documents with respect to the undersigned's financial condition and business operations and that of any guarantor
or surety in form and substance as the holder hereof may request from time to time.
PREPAYMENT FEE.Borrower shall have the right to prepay this Note in whole at any time or in part from time to time. In the event of any such
prepayment, whether by declaration,acceleration or otherwise,a prepayment charge equal to two percent(2%) of the prepaid principal balance
shall be immediately due and payable to the Lender.
INTEREST RATE AFTER DEFAULT. Upon the occurrence of an event of default as set forth herein the undersigned agrees that the interest rate
shall be amended and increased to four percent (4%),per annum greater than the rate set forth above and shall continue to accrue at said
default rate until the holder agrees and the underlying event of default has been cured by the undersigned or any defaulting party.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives,
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s)to a consumer reporting agency. Your written notice describing the specific Inaccuracy(ies) should be sent to
us at the following address:First National Bank of Pennsylvania Attn: Privacy Department 4140 East State Street Hermitage, PA 16148-3487.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice
to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend
additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms
of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; (c) exchange, enforce, waive, subordinate,
fail or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the
order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements,
as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of
payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and any other person who signs,
guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any
change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor,
accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for
any length of time) this loan or release any party or guarantor or collateral;or impair, fail to realize upon or perfect Lender's security interest in
the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree
that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The
obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, It will not affect
the enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
COLLECTION, BUT IN ANY EVENT NOT LESS THAN FiVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR i
MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE
EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN
FULL OF ALL AMOUNTS DUE UNDER THiS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A
HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER
SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN
REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
PROMISSORY NOTE
(Continued) Page 3
PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. EACH BORROWER
AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND'SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
NETREPID,INC.
BV' muiDC.�ylPmi � , ISeal)
PENNSYLVANIA ONL E LTD.
BY (Beall
Pame a Delissio, President of enns Wanfa Online
Ltd.
LASER PRO Landing,V.,5.4900.003 Cop,H,d.d F—IM S.10 4 1—1993,2009. AO RL3h1,fl..—d. -PA L1CFhWIN951CFUftk020.FC TR-5555,'104 PR.STROPRTI
EXHIBIT "B"
*0220*
COMMERCIAL, GUARANTY
P_ftlt.G..-.....__...._........,.. tlftiL.-_..ttt-...._.. #tf F.# ........_............._ i2 f#... _......_.._ ?)_r. plf........»..,...,............ c#tf)?#. ..........:.. #....._._.....tit fA€ ...
..................
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item,
Any item above containing "***" has been omitted due to text length limitations,
Borrower: Netrepid,Inc. Lender: First National Bank of Pennsylvania
Pennsylvania Online Ltd. SBU Capital
21 North Enola Drive One FNB Blvd
Enola,PA 17025 Hermitage,PA 16148
Guarantor: Kevin Coyl
8 Citadel Drive
Camp Hill,PA 77011
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower, or any one or more of them, to Lender, and the
performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and
performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's
remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other
guaranty of the indebtedness, Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of
America, In same-day funds,without set-off or deduction or counterclaim,and will otherwise perform Borrower's obligations under the Note and
Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired,
that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation,
loans, advances, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, liabilities and obligations under any interest rate
protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of
Borrower, or any one or more of them, and any present or future judgments against Borrower, or any one or more of them, future advances,
loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily
or involuntarily Incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated;determined or
undetermined;direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured;joint or several or
joint and several; evidenced by a negotiable or non-negotlable instrument or writing; originated by Lender or another or others; barred or
unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason (such as infancy, insanit)G
ultra vires or otherwise);and originated then reduced or extinguished and then afterwards increased or reinstated.
If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This Guaranty shall not(unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
CONTINUING GUARANTY, THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER,OR ANY ONE OR MORE OF THEM,TO
LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY,ANY PAYMENTS
MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY
FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A
ZERO BALANCE FROM TIME TO TIME,
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any
notice to Guarantor or to Borrower, and will-continua In full force until all the Indebtedness incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed in full. It Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of
revocation must be mailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing.
Written revocation of this Guaranty will apply only to new indebtedness created after actual receipt by Lender of Guarantor's written revocation.
For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of
revocation Is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this
purpose and without limitation, "new indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to
revocation; incurred under a commitment that became binding before revocation; any renewals, extensions,substitutions, and modifications of
the Indebtedness. This Guaranty shall bind Guarantor's estate as to the indebtedness created both before and after Guarantor's death or
incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other
legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect.
Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this
Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this
Guaranty. it Is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor
specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a
termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend
additional credit to Borrower; (B) to alter, compromise,renew, extend, accelerate,or otherwise change one or more times the time for payment
or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the
Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of
this Guaranty or the Indebtedness,and,exchange, enforce, waive,subordinate, fail or decide not to perfect, and release any such security,with
COMMERCIAL. GUARANTY
(Continua d) Page 2
or without the substitution of new collateral; (D) to release,substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be made on the Indebtedness; (F7 to apply such security and direct the order or manner of sale thereof, including
without limitation, any nonjudicial safe permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this
Guaranty in whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets,or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation,,claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might In any way affect Guarantor's risks under this
Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following;
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor.
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period
ended, Federal and other governmental tax returns, prepared by Guarantor,
All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis,and
certified by Guarantor as being true and correct.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power;or (G) to commit any
act or omission of any kind,or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any 1
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of i
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of I
Borrower,of any other guarantor, or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other ••
than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, I
whether voluntarily or otherwise,or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower,the Guarantor,or both,
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy,
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR, Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary.liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
COMMERCIAL GUARANTY
(Continued) Page 3
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's reasonable
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses
include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable.attorneys' fees and
legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals; and any
anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the
laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions.
Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County,Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims,damages,and costs (including Lender's attorneys'fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties,representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words"Guarantor," "Borrower," and"Lender" include the heirs,successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. if any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies,or similar entities, it is not necessary for Lender to inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and,
except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacslmile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United
States mail, as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty,
All revocation notices by Guarantor shall be In writing and shall be effective upon delivery to Lender as provided in the section of this
Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor
agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there Is more
than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any Instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular,as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Netrepid, Inc. ;and Pennsylvania Online Ltd. and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
GAAP. The word"GAAP" means generally accepted accounting principles.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Kevin Coyl, and In each case, any
signer's successors and assigns.
Guaranty. The word"Guaranty"means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word "Lender" means First National Bank of Pennsylvania,its successors and assigns.
Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing
Borrower's loan obligations in favor of Lender,together with all renewals of, extensions of,modifications of, refinancings of,consolidations
of and substitutions for promissory notes or credit agreements.
COMMERCIAL GUARANTY
(Continued) Page 4
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE.IMMEDIATELY; AND FOR SO DOING,THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,-BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENrT.AND-STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS i
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WJLL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JUNE 19, 2009.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
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EXHIBIT C4U
`0220*
COMMERCIAL GUARANTY
References in the boxes above are for Lender's use only and.do not limit the applicability of this document to any particular loan or item.
Any Item above containing"** " has been omitted due to text length limitations.
Borrower: Netrapid,Inc. Lender: First National Bank of Pennsylvania
Pennsylvania Online Ltd. BBU Capital
21 North Enola Drive One FNB Blvd
Enola,PA 17025 Hermitage, PA 16148
Guarantor: Melanie Coyl
8 Citadel Drive
Camp Hill,PA 17011
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower, or any one or more of them, to Lender, and the
performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and
performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's
remedies against anyone else obligated to pay the indsbtecfnass or against any collateral securing the Indebtedness,this Guaranty or any other
guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of
America,in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and
Related Documents. Under this Guaranty,Guarantor's liability is unlimited and Guarantor's obligations are continuing.
INDEBTEDNESS. The word"Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attorneys' fees, arising from any and all debts,liabilities and obligations of every nature or form, now existing or hereafter arising or acquired,
that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "indebtedness" includes, without limitation,
loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate
protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of
Borrower, or any one or more of them, and any present or future judgments against Borrower, or any one or more of them, future advances,
loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether:voluntarily
or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or
undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety;secured or unsecured;joint or several or
joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or
unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason(such as infancy, insanity,
ultra vires or otherwise);and originated then reduced or extinguished and then afterwards increased or reinstated.
If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This Guaranty shall not(unless specifically provided below to the contrary) affect or invalidate any such other guaranties,
Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties,
CONTINUING GUARANTY. THiS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER, OR ANY ONE OR MORE OF THEM,TO
LENDER,NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS
MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY
FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A
ZERO BALANCE FROM TIME TO TIME.
DURATION OF GUARANTY, This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any
notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed In full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation.
For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of
revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this
purpose and without limitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to
revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of
the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both befora and after Guarantor's death or
incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other
legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect.
Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this
Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this
Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor
specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.60), shall net constitute a
termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars ($0.00).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend
additional credit to Borrower; (B) to alter,compromise, renew,extend,accelerate,or otherwise change one or more times the time for payment
or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the
Indebtedness;extensions may be repeated and may be for longer than the original loan term;- (C) to take and hold security for the payment of
this Guaranty or the Indebtedness, and,exchange,enforce, waive, subordinate, fail or decide not to perfect, and release any such security,with
COMMERCIAL GUARANTY
(Continued) Page 2
or without the substitution of new collateral; (D) to felease, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or In any manner Lender may choose, (E) to determine how, when and what application of
payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of safe thereof, including
without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this
Guaranty In whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A), no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law,regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not,without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets,or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial
information Is provided; (G) no material adverse change has occurred In Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor'ls pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and Q) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor.
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period
ended, Federal and other governmental tax returns,prepared by Guarantor.
All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and
certified by Guarantor as being true and correct.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral hat'd by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any
act or omission of any kind,or at any time,with respect to any matter whatsoever,
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or
defenses arising by reason of JAI any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other
than payment In full in legal tender, of the Indebtedness-, (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations; or P any defenses
given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. If payment Is made by Borrower,
whether voluntarily or otherwise, or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower,the Guarantor,or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of Its significance and consequences and that, under the circumstances,the waivers are reasonable and
not contrary to public policy or taw. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR, Guarantor agrees that the indebtedness, whether now existing or hereafter
created, shall be superior to a'ny claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness,
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce Its rights
under this Guaranty,
COMM RCIAL GUARANTY
(Continued) Page 3
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty,together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees, Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's reasonable
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses
include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable attorneys'fees and
legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any
anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
court.
Caption Headings. Caption headings In this Guaranty are for convenience purposes only and are not to be used to Interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will be governed by federal law applicable to Lender end,to the extent not preempted by federal law,the
laws of the Commonwealth of Pennsylvania without regard to Its conflicts of low provisions.
Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County,Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms,of this Guaranty, Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parof
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims,damages,and costs (including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties,representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty In the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and 'Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and"Lender"include the heirs, successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even If a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations,partnerships, limited liability companies, or similar entities,it is not necessary for Lender to inquire
Into the powers of Borrower or Guarantor or of the officers,directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices, Unless otherwise provided by applicable low, any notice required to be given under this Guaranty shall be given In writing, and,
except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United
States mail, as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty.
All revocation notices by Guarantor shall be In writing and shall be effective upon delivery to Lender as provided In the section of this
Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor
agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, It there is more
than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and
signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a walver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a Waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lander,nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty,the granting Of Such consent by Lender In any instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld In
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon.,Guarantor, and upon Guarantor's heirs, personal
representatives,successors, and assigns,and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Netrepid, Inc. ;and Pennsylvania Online Ltd.and includes all co-signers and cc-makers signing the
Note and all their successors and assigns.
GAAP. The word"GAAP"means generally accepted accounting principles.
Guarantor. The word "Guarantor" means everyone signing this Guaranty,including without limitation Melanie Coy[,and in each case, any
signer's successors and assigns.
Guaranty. The word "Guaranty"means this guaranty from Guarantor to Lender.
Indebtedness, The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty,
Lander. The word "Lender" means First National Bank of Pennsylvania,its successors and assigns.
Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing
Borrower's loan obligations in favor of Lender,together with all renewals of, extensions of, modifications of, refinancings of, consolidations
of and substitutions for promissory notes or credit agreements,
COMMERCIAL GUARANTY
(Continued) page 4
Related Documents, The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness.
CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'.S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE 13Y LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JUNE 19,2009.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW,
GUARANTOR:
VM. .. SSeal)
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LASER PRO L-d"g,Vm.6.1&0.03 Cpl.H.4.d r—W Sok b.y 1..1997,209. A9 R'Vh"R—M. -PA 1:1611VAN951CnUJ'L%E20.EC TRE656304 PN•STADPRTI
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EXHIBIT "D"
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COMMERCIAL GUARANTY Qmrru»ve' matr° id,mn' Lander: First National Bank mPennsylvania
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing has been omitted due to text length limitations.
Pennsylvania Online Ltd. aeuouvum
z1 North snn|aDrive One rmoBlvd
snn|o. px 17025 Hermitage,PA 16148
Guarantor. Samuel D. ovv|
2r North snmuDrive
snmo' px 17025
CONTINUING GUARANTEE up PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally
ouomn0000 full and »unvnm| payment and satisfaction of the |muoutednvov of Borrower, or any one or more of xmm, to Lender, and the
po,m,munoo and mav»o,uo of an ao,mwo,'o obligations under the mo»v and the nu|utad Documents. This Is e guaranty of payment and
pu,mrnanoo and not of collection, so u,nuor can onmma this Guaranty *nu|nat mvummu, ovom when Lonmo, has not ox»ouomd Lvouv,'x
,wmomex against anyone o|sv vb|inm:u to pay the inueumunuax or against any co|}umm| securing the |nuobu/un*uw,this Guaranty or any other
guaranty vfthe |moeutoun000. Gvuwom, will make any payments to Lender urits vmo,' on nomenu' in |en^| tender of the United atotom of
America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and
Related Documents. Under this Guaranty,Guarantor's liability Is unlimited and Guarantor's obligations are continuing.
INosarsmmsoS. The wv,u ^|nuobtaun000^ as used in this Guaranty means all o,the principal amount outstanding from time m time and at any
one or more umwn, ovo,ueu unpaid interest thereon and all ovxootinn costs and |vnn/ °xnvnovu nu/umu thereto ponn|uou by law, maounvh|o
omn,^uyv' moo' arising from any x all debts, (|omUuo^ and obligations o/every nature or m,m' now existing or h^m*fte,u,iuioo or avuume«'
that annvwo, individually or collectively mn' ^wno or will mxo Lender. ^|nuooteummo^ Includes, without limitation,
|oona' auvoouau, uouts' overdraft indebtedness, credit card inueuu*un000' \ouvv phonouono. |iaumuoo and obligations vnua, any interest mm
protection agreements v,foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities m
ao,,vw*, or any one v,more o/them, and any present n, future mot Borrower, or any one or more of m future advances,
loans or transactions that renew,extend, modify, refinance, consolidate or substitute these debts,liabilities and obligations whether: voluntarily
or involuntarily incurred; due or to become due by their terms or acceleration; absolute or contingent; liquidated or unliquidated;determined or
undetermined; direct or indirect; primary or secondary in nature or arising from a guaranty or surety; secured or unsecured;joint or several or
joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or
unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity,
ultra vires or otherwise);and originated then reduced or extinguished and then afterwards increased or reinstated.
|f Lender presently holds one w more guaranties, v,hereafter receives additional guaranties from Guarantor, u,nuo,'o rights under all ouumnboo
souo be cumulative. This Guaranty shall not (unless onemncm|v provided bo|ovv to the contrary) affect or immiioam any such other guaranties.
Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
nomnmu/mm GUARANTY. THIS IS x ^ooxn|wo|wo ooAmxmTv^ uwocn vvx|cn soxnxwTon AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER, OR ANY ONE OR MORE OF THEM,TO
LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY,ANY PAYMENTS
MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY
FOR ANY nsxxmm|wo AND ouocseo/ms /mocaTsowson svem WHEN ALL nn PART op THE OUTSTANDING /wosorsomcoa MAY BE A
ZERO BALANCE FROM TIME ToTIME,
DURATION op GUARANTY. This Guaranty will take mm xo mvowvu by Lender without the / of any acceptance by Lender,
notice to Guarantor or to Borrower, and will continue In full force until all the Indebtedness Incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender,by certified mail, at Lender's address listed above or such other place as Lender may designate in writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation.
For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of
revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due, For this
purpose and without limitation, "new Indebtedness" does not Include all or part of the Indebtedness that is: incurred by Borrower prior to
revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of
the muvotounovx. This svu,=mv oxun bind Guarantor's wmvt* as to the |noomonn*oo created uvm uvmm and oftm Guarantor's death or
incapacity, mVmw°^p of Lender's actual notice of Guarantor's death. Subject to the foregoing, mvvr^nm,'o executor o,administrator v,other
legal mpmvant*uvn may terminate this Guaranty in the some manner in which ouomnm, might have u,,minumu it and with the oumo o/mot.
no|oune of any other guarantor u, termination of any "mv, guaranty o, the moy»mdneo" u»m| not affect the oumxzv of Guarantor under this
ouu,omv^ A revocation Lender receives from any one or more Guarantors shall not affect the liability o+any remaining suoron»am under this
Guaranty. u/s anticipated mtnunmauvnxmuvo:*u,mto* onemna»mumov,u^fmvmueumunou" cvvo,vubvmoisounmnty.anuouammur
snvomcoxv noxnovw,upvo and unmo: that ,mouxv"ns in the amount of the maam^a"^**' even to zero u"num <*o.00>^ nhm/ not constitute *
mnnmaupn of this avamnm. This Guaranty Is umoinu vnvn Guarantor and ouomntv/u xo»o' xvovo»uvrs and ovuuns ov long uo any u,the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00).
ouAmAmTmn'a AUTHORIZATION TO Lsmosn. mux,anm, uuu`n,/zeo Lender, either before o, after any revocation onmvf, without notice Or
demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior m revocation eo set forth above,mmake
one or more uuuiuonu| oeoumo or unsecured moox to an,,owe,' to |onoo equipment or other ov000 to ow,mwa,, or vmomvi,p to oxm"u
additional credit to Borrower; (B) to alter, compromise, renew,extend, accelerate,or otherwise change one or more times the time for payment
or other m,mu of the muoutoun000 or any port of the |uuouteunauv' including increases and uovp,ao*v of the ,eoo of interest on the
|nuvumunnox; extensions may be ,"p*amu and may»o for longer than the v,inino|loan term; <c> to take and»vm 000u,/tr for the payment of
this Guaranty o,the muoumunouo' and wxoxunuo' onh,,00' v,uivo' ouuommwu.,mi|or decide not to perfect, and release any such security, with
COMMERCIAL. GUARANTY
(Continued) Page 2
or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including
without limitation, any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this
Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made.to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets, or any interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit Information in form
acceptable to Lender, and all such financial information which currently has been, and all future financial Information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial j
information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent j
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender in the course of its relationship with Borrower.
GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor,
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period
ended, Federal and other governmental tax returns,prepared by Guarantor. .
All financial reports required to be provided under this Guaranty shall be prepared In accordance with GAAP, applied on a consistent basis, and
certified by Guarantor as being true and correct.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any
act or omission of any kind,or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or t
defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, i
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower,of any other guarantor, or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other
than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
Impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding indebtedness which is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise,or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower,the Guarantor,or both.
i
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be i
effective only to the extent permitted by law or public policy.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty,
COMMERCIAL GUARANTY
(Continued) Page 3
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses
include Lender's reasonable attorneys' fees and legal expenses whether or'not there is a lawsuit, including reasonable attorneys' fees and
legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal taw,the
laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions.
Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania,
Integration. Guarantor further agrees that Guarantor has read and fully understands.the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims,damages,and costs (including Lender's attorneys'fees►suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used In this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower,"and"Lender"include the heirs, successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should.not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations, partnerships, limited liability companies,or similar entities, it is not necessary for Lender to inquire
Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given In writing, and,
except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United
States mail, as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty.
All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided In the section of this
Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor
agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more
than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender Is required under this Guaranty,the granting of such consent by Lender in any Instance shall not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives, successors,and assigns,and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS, The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Netrepid, Inc. ; and Pennsylvania Online Ltd,and includes all co-signers and co-makers signing the
Note and all their successors and assigns.
GAAP. The word"GAAP"means generally accepted accounting principles.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Samuel D. Coyl, and In each case,
any signer's successors and assigns.
Guaranty. The word "Guaranty"means this guaranty from Guarantor to Lender.
indebtedness. The word "indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word"Lender" means First National Bank of Pennsylvania, its successors and assigns.
Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing
Borrower's loan obligations in favor of Lender, together with all renewals of,extensions of, modifications of, refinancings of,consolidations
of and substitutions for promissory notes or credit agreements. .
COMMERCIAL GUARANTY
(Continued) Page 4
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness.
CONFESSION 'OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 0500)
ON WHICH JUDGMENT OR.JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR
A COPY-OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS GUARANTY IS DATED JUNE 49,2009.
THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED INSTRUMENT ACCORDING TO LAW.
GUARANTOR:
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COMMERCIAL GUARANTY
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing has been omitted due to text length limitations.
8m,*»vxer: Netrepid,Inc. Lender: First National Bank of Pennsylvania
Pennsylvania Online Ltd. aou Capital
zn North envmDrive One FmmBlvd
envm'px 17025 xwnnaano mx 16148
Guarantor: Jennifer unv
on North snmaDrive
cnnla. Px 17025
CONTINUING GUARANTEE OFPAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower, or any one or more of them, to Lender, and the
performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and
performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's
remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other
guaranty v,the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United S,tates of
America,in same-day funds,without set-off or deduction or counterclaim,and will otherwise perform Borrower's obligations under the Note and
Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, uvomou unpaid interest thereon and on ovx0000n costs and |eno| oxponouo m|ou,u thereto permitted by !"=. ,*aoonuma
vuv,novu' fees,arising from any and all wamm' |iuumuox and obligations of every nature o,form, now existing or hereafter arising or wcouimu'
that Borrower Individually o,collectively v,interchangeably with others, owes or will owe Lender. ^|nuoumunu*x^ includes, without limitation,
loans, ouvunrwo, uomo' uvommft moou^ounaxo' credit ou,u indebtedness, |wwv* ominanvon, ouumtiou and obligations undo, any moavext rate
protection agreements or foreign ov,mnov exchange agreements v,commodity price protection oo,avmvma, other obligations, and iiomxtiou of
ovnvvv=,, or any one or more of them, and any nmxont or mmn,judgments oVom,t eo,m~o,' or any one or more of them, future ou,anvox'
m"n"o,transactions that renew, umano, modify, mnnunoo, vonov||dau,v,substitute these uoito, oummioo and obligations whether: voluntarily
v,involuntarily incurred; due or to uovvmo due uv their terms v,acceleration; 000v|u»o or contingent; liquidated orunxqumvoou; determined or
vnuvu,,mmou; direct or indirect; primary or secondary in nature or arising from e guaranty or secured o,unsecured; k,|m or several or
>vmt and vo"om|; oviuoovou by a noomioh|o or non-negotiable instrument or writing; unninutoo by Lanuu' or another or others; barred or
unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason (such as Infancy, insanity,
ultra v/mou,vtxwnwioo);and o,/oinotau then muvoou or extinguished and then ofto,wuruu increased orreinstated.
If Lender holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below tom* contrary) affect v,invalidate any such other guaranties.
Guarantor's liability will be ovammo,'o annmuato liability under the m,mu of this Guaranty and any such othe,vnu^,minmod ovamndoo.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER,OR ANY ONE OR MORE OF THEM,TO
LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY,ANY PAYMENTS
MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY
FOR ANY ns^xmw|mo AND auocssD/mo /wmssrsowsoo cvsw WHEN ALL OR PART oFTHE ouTorAmo/mo /wosoreowcus MAY BE
ZERO BALANCE FROM TIME roTIME.
DURATION op GUARANTY. This Guaranty will take effect when received x necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate in writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's Written revocation.
For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time notice— of
revocation is contingent, un|inu|dexmo' uvuu*e,m|nou or not due and which later uvvvmon °»omvv liquidated, determined or due. this
�
purpose and without limitation, ^~*w |nuemvuoeov^ does not include all o, part of the Indebtedness that w: Incurred uv Borrower prior m
,mmva,wn; /m*,mu under o commitment that uooumv mnumu uamm revocation; any renewals, extenvwno, substitutions, and mouinoudvno of
the {nuoomunono. This svu,*ntv ,xu/i bind svu,onm,'o ovtum as to the |nuoutoun,av vvevu,u both before and after Guarantor's death or
inovnuv/rv, muu,mvxx of u,nou,'o actual notice v, ouomom,`o death. Subject to the mreomno, suomnm,'v executor or administrator or other
legal m»reoonmuv° may terminate this Guaranty in the oomo manner in wmrn suvmnm, might have t*,minu,au it and with the same *fteot,
nv|auov uf any other guarantor or termination of any other nuvmnm of the muom*uonoo oxm/ not affect the xamom o+ Guarantor under this
Guaranty. x revocation Lender receives from any one or more uuo,amvm oow| not affect the /ioumm vr any remaining Guarantors under this
ouommv. It is anticipated that fluctuations may occur In the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor
specifically acknowledges and agrees that mmuouunx In the amount of the mu*mwunoox, even to zero dollars ($n.uo)' oxun not vonoxmm, a
termination of this Guaranty. This Guaranty is binding upon Guarantor and ouo,amv,'n xo/m' ,uououxmu and assigns xv long wr any o, the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars(0.00).
ouxn«mTon'a 4uTyonIZArmm TO Lsmosn. summnm, authorizes Lander, either before or after any revocation x^mvt without nvuou or
demand and without lessening Guarantor's liability under this Guaranty,from time to time: m> prior»o revocation un set forth above,mmake
one or more oomr/onv| secured or vnaovvmu loans to Borrower, to |auoo equipment or other ovouw to mv,mwnr, or mho,wixn to extend
additional credit to Borrower; (8) to alter, compromise, renew,extend,accelerate,or otherwise change one or more times the time for payment
or other terms of the |nuobteunnxo or any part of the muemaunaou' including inomeoeo and decreases of the rate of interest on the
Indebtedness; extensions may be repeated and may be for longer than the original loan term; IC) m take and hold security for the payment of
this Guaranty or the Indebtedness, and.exchange, enforce,waive, subordinate,faJI or decide not to perfect,and release any such security, with
COMMERCIAL GUARANTY
(Continued) Page 2
i
i
or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of
payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, including
without limitation,any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion
may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this
Guaranty in whole or in part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
(D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor I
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets, or any Interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information In form
acceptable to Lender,and all such financial information which currently has been, and all future financial information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and [J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information or documents acquired by
Lender in the course of Its relationship with Borrower.
GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following:
Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year,
Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor.
Tax Returns. As soon as available, but in no event later than thirty (30) days after the applicable filing date for the tax reporting period
ended, Federal and other governmental tax returns,prepared by Guarantor.
All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and
certified by Guarantor as being true and correct.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, including notice of any
nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional i
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any
act or omission of any kind,or at any time,with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or "anti-deficiency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects i
Guarantor's subrogation.rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor,or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other l
than payment In full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
Impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor is commenced, there is outstanding Indebtedness which Is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise,or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower,the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WiTH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is
made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances, the waivers are reasonable and
not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy, j
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter i
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes j
insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower, In the event of insolvency and consequent liquidation of the assets of Borrower,
through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in
legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender is hereby authorized, in the name of Guarantor, from time to time to file financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
COMMERCIAL GUARANTY
(Continued) Page 3
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and
signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable
attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses
include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and
legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
court.
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law, This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law,the
laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions.
Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland
County, Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses,
claims, damages,and costs (including Lender's attorneys'fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty In the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender"Include the heirs,successors,
assigns, and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of
Borrower or Guarantor are corporations,partnerships, limited liability companies,or similar entities,it is not necessary for Lender to inquire
into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any indebtedness made or created in reliance upon the,professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and,
except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United
States mail, as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty.
All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided In the section of this
Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor
agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, if there is more
than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand
strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions.
Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shall not constitute .
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives,successors, and assigns,and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Netrepid, Inc. ; and Pennsylvania Online Ltd. and Includes all co-signers and co-makers signing the
Note and all their successors and assigns.
GAAP. The word"GAAP" means generally accepted accounting principles.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Jennifer Coyl, and in each case,any
signer's successors and assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word"Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word "Lender" means First National Bank of Pennsylvania,its successors and assigns.
Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing
Borrower's loan obligations in favor of Lender,together with all renewals of, extensions of, modifications of, refinancings of,consolidations
of and substitutions for promissory notes or credit agreements.
` . . ^
~_- ^
OM"~E"=° ALGUARANTY
(Continued; Page
Related Documents. The words ^8amteu Documents" all
agreements, guaranties, security agreements, mortgages, deeds oftrust, security deeds, Collateral mortgages, and all other instruments,
agreements and documents, whether" now=hereafter existing,executed m connection with the Indebtedness. �
comreSs/om OF JumnMsmT suAnAmTon HsnsBv IRREVOCABLY xUTHon|zsu AND EwpnvvsnS ANY ArTonwsY OR THE
PROTHONOTARY m8 CLERK OpxNYcounT |NTMscOMMoNvvEAOH OF PENNSYLVANIA, oR ELSEWHERE, To APPEAR AT ANY TIME '
FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH nH WITHOUT COMPLAINT FILED, Cowpsgs OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE Or THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES. ANY AND ALL AMOUNTS EXPENDED OR xDvAwcEo BY LENDER RELATING TO ANY COLLATERAL� aECuA|No THE
/moeorsowesm, TOGETHER WITH cosTs OF Su/T, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1O9�) nprHE uNpx|D
PmNo|pxL BALANCE AND xCcnVco {wTenEeT FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR uo DOING,THIS GUARANTY' QR
A COPY oF THIS GUARANTY VERIFIED Bv AFFIDAVIT SHALL oe SUFFICIENT WARRANT. THE AUTHORITY GRANTED |N THIS GUARANTY
To CONFESS JUDGMENT AGAINST muxm^mTon SHALL NOT BE exn4uoTo» BY ANY EXERCISE 0p THAT AUTHORITY, BUT SHALL
CONTINUE FROM TIME TO TIME AND Ar ALL TIMES UNTIL p*yMcmT IN rULLDpALL AMOUNTS oVs UNDER THIS GUARANTY.
GUARANTOR *snseY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A osAn|Ns IN CONNECTION WITH ANY SUCH
CONFESSION OF JUDGMENT AND STATES THAT EITHER REPRESENTATIVE oFLENDER SPECIFICALLY CALLED THIS CONFESSION OF
JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH umoEno|oNso GUARANTOR ACKNOWLEDGES xammo nc4m ALL THE Pnox|mmmo OF THIS Gu4n4mTY AND xmnssS TO ITS
TERMS. IN ADDITION, EAC14 GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET. FORTH
|m THE SECTION TinsD "DURATION opGuAnAmTv~. NO FORMAL ACCEPTANCE BY LENDER|m NECESSARY TO MAKE THIS GUARANTY
sFesCT|vs. THIS GUARANTY ux DATED JUNE�a.uoun.
-
THIS GUARANTY m GIVEN UNDER SEAL AND rrx»INTENDED THAT THIS GUARANTY Im AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF tsxLsm INSTRUMENT ACCORDING Tmuum.
muARAmTos,
X ,/nnifer
| '
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�
IN THE COURT OF COMMON PLEAS OF
CUMBE.R.LAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF
PENNSYLVANIA, CIVIL DIVISION
Plaintiff,
vs. NO.:
NETREPID, INC., PENNSYLVANIA ONLINE
LTD, KEVIN'COYL,MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
VERIFICATION
I, J. Martin Dell, on behalf of First National Bank of Pennsylvania, depose and say
subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing pleading are true and correct to the best of my
information, knowledge and belief.
Date: `A\s s
` ��Glartm Dell
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA, ;
Plaintiff, NO.: �� -01 l 5 �IV4� 1l1r
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL, .
SAMUEL D. COYL and JENNIFER COYL,
Defendants. :
:Z
AFFIDAVIT OF NON-MILITARY SERVICE W r
-<> CD
r---.
COMMONWEALTH OF PENNSYLVANIA ° C)
SS: ° ,C-
COUNTY OF DAUPHIN
I, Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff,
First National Bank of Pennsylvania, hereby certify, subject to the pen ties of 18 Pa.C.S.A.
§4904,that the Defendants, are not in the military service of the Unit S tes o America to the
best of my knowledge, information and belief.
oti A. Diet e ' , Esquire
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY OF APRIL, 2013.
' I0C_X_
Notary Public
My Commission Expires:
NOTARIAL SEAL
CHRISTINE L SPURLOCK
Notary Public
HUMMELSTOWN BORO,DAUPHIN COUNTY
My Commission Expires Feb 2,2017
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: 13 - 01!15 Ci'<<Term
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL,MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL, C=
Defendants. 0 �
S ,
CERTIFICATION OF ADDRESS
I hereby certify that the address of the parties in the above action are as follows:
-i
Address of Plaintiff.
409 North Second Street, Suite 201
Harrisburg,PA 17101
Address of Defendants:
Netrepid,Inc. &Pennsylvania Online,Ltd.
Samuel D. Coyl&Jennifer Coyl
21 North Enola Drive
Enola,PA 17025
Kevin Coyl&Melanie Coyl
8 Citadel Drive
Camp Hill,PA 17 11
JAMES, SMITH, CK&CONNELLY LLP
BY:
Scott A. , Esquire
PA I.D.#55650
Attorney for Plaintiff
P.O.Box 650
Hershey,PA 17033
(717)533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: I3`
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL, _
Defendants.
NOTICE UNDER RULE 2958.1 Vic~
OF JUDGMENT AND EXECUTION THEREON :
Notice of Defendant's Rights
To: Netrepid,Inc.
21 North Enola Drive
Enola,PA 17025
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in' a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at anytime after thirty(30) days after the date on which this
notice.is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD.ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle,PA 17013
Phone (717) 249-3166
(800) 990-9108
Respectfully Su mitted:
JAMES,SMIT DI C &CONNELLY LLP
By:
S Ott A. eric , Esquire
Attorney I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,.PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.:
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD,KEVIN COYL, MELANIE COYL,
c
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE UNDER RULE 2958.1 n 5
OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights
To: Pennsylvania Online,Ltd.
21 North Enola Drive
Enola,PA 17025
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty(30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
-NOTICE TO DEFEND &LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S.Bedford Street
Carlisle,PA 17013
Phone (717) 249-3166
(800) 990-9108
RespecASubtte
JAMES CONNELLY LLP
By:
Scott A. , Esquire
Attorney I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA, -
Plaintiff, NO.: 12S- A115
vs.
NETREPID, INC., PENNSYLVANIA ONLINE :
.LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants. _a;
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
Notice of Defendant's Rights _
To: Kevin Coyl
8 Citadel Drive
Camp Hill,PA 17011
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty(30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND &LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717)249-3166
(800) 990-9108
Respectfully Sub itted:
JAMES,SMITH, I TERI &CONNELLY LLP
By:
Sc it A. Dietterick, Esquire_
Attorney I.D. #55650
T.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA, n
Plaintiff, NO.: i 3_ &115 l:lvi
VS. :
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD,KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
rrl
,
rn
Defendants. N --
r- �cD
NOTICE UNDER RULE 2958.1
CDC-)
OF JUDGMENT AND EXECUTION THEREON `
Notice of Defendant's Rights
To: Melanie Coyl
8 Citadel Drive
Camp Hill, PA 17011
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money'or
other property to pay the judgment at any time after thirty(30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30)DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S.Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
Respectfully Sub tted:
JAMES,SMITH, T RICK&CONNELLY LLP
By:
Scott A. Dietterick, Esquire
Attorney I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA, n
Plaintiff, : NO.: I3 ' 01115 �j►vi1
VS.
NETREPID, INC.,PENNSYLVANIA ONLINE
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants. ;
MM
MM
NOTICE UNDER RULE 2958.1 '
OF JUDGMENT AND EXECUTION THEREON , i
Notice of Defendant's Rights 2
CD
To: Samuel D. Coyl ="
21 North Enola Drive ,
Enola,PA 17025
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty(30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT"HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S.Bedford Street
Carlisle,PA 17013
Phone(717)249-3166
(800)990-9108
Respectfully Submitte
DAME -SMITH, I �&CONNELLY LLP
By:
Scott A. Dietterick,Esquire
Attorney I.D. #55650
P.O.Box 650
Hershey, PA 17033
(717) 533-3280
t
IN THE COURT,OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FIRST NATIONAL BANK OF .CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: (3- c'�ll� �tv�tTerm
VS.
NETREPID, INC.,PENNSYLVANIA ONLINE . -
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL `
Defendants. n -V -�-'
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
-C O CD
D z. rr
Notice of Defendant's Rights ;
To: Jennifer Coyl
21 North Enola Drive
Enola, PA 17025
A judgment in the amount of$352,735.96 has been entered against you and in favor of
the plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty(30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S.Bedford Street
Carlisle, PA 17013
Phone (717)249-3166
(800) 990-9108
Respectfully Submitted:
JAMES,SMIT DI RI K&CONNELLY LLP
By:
Sc tt A. ' "ck, Esquire
Attorney I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: I3 '�I15 Cwi�Te�!N�
VS.
NETREPID, INC., PENNSYLVANIA ONLINE : "
LTD, KEVIN.COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff
(X) Defendant—NETREPID, INC.
( )Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on �Q 3
( ) A copy of the Order or Decree is as follows:
or
(X) The judgment is as follows: $352,735.96
plus interest on the principal sum($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneysJfeess cos
.. '00�C3
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: 3 - all5 �1V1�
VS.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( )Plaintiff
(X) Defendant—PENNSYLVANIA ONLINE, LTD.
( )Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on !q
( ) A copy of the Order or Decree is as follows:
or
(X) The judgment is as follows: $352,735.96
plus interest on the principal sum($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneys' fees d cos
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: 13- 011 l5 �tvt CTerm
VS.
NETREPID,INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: O Plaintiff
{X) Defendant—KEVIN COYL
O Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on �� 3
( ) A copy of the Order or Decree is as follows:
or
(X)The judgment is as follows: $352,735.96
plus interest on the principal sum ($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneys' fees d costs.
*A. O
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.:
vs.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff
(X) Defendant—MELANIE COYL
O Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on
O A copy of the Order or Decree is as follows:
or
(X)The judgment is as follows: $352,735.96
plus interest on the principal sum($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneys' fees and costs.
Wu&AO
- w
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA, (�
Plaintiff, NO.:
VS.
NETREPID, INC., PENNSYLVANIA ONLINE
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( )Plaintiff
(X)Defendant—SAMUEL D. COYL
O Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on -410 JL3
O A copy of the Order or Decree is as follows:
or
(X)The judgment is as follows: $352,735.96
plus interest on the principal sum($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneys' fees a osts.
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
FIRST NATIONAL BANK OF CIVIL DIVISION
PENNSYLVANIA,
• r V 4 V�1 I�..n�-`
Plaintiff, NO.: C�<15
vs.
NETREPID, INC., PENNSYLVANIA ONLINE :
LTD, KEVIN COYL, MELANIE COYL,
SAMUEL D. COYL and JENNIFER COYL,
Defendants.
NOTICE OF ORDER,DECREE OR JUDGMENT
TO: ( ) Plaintiff
(X)Defendant—JENNIFER COYL
O Additional Defendant(s)
You are hereby notified that an Order, Decree or Judgment was entered in the
above-captioned proceeding on 19 1 13
( )A copy of the Order or Decree is as follows:
or
(X) The judgment is as follows: $352,735.96
plus interest on the principal sum ($268,532.69) from April 10, 2013, at the rate of$82.05 per
diem,plus additional late charges and additional attorneys' fees and costs.
Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST NATIONAL BANK.OF CIVIL DIVISION
PENNSYLVANIA,
Plaintiff, NO.: 13-2115 Civil 103 ,
vs. � .
NETREPID, INC., PENNSYLVANIA ONLINE
LTD, KEVIN COYL, MELANIE COYL, ; - ►
SAMUEL D. COYL and JENNIFER COYL,
�-�
:I= t
Defendants. ' .
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the judgment filed at the above-captioned term and number satisfied.
Respectfully subm tted:
JAMES, SMITH, IET E K&CONNELLY LLP
Date: s—vyeo) BY:
Sco . Dietterick, Es ire
PA 1. . #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
s
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ' Hi:. P-,R y 1 fg01j, a" t
1 ( !) k
Sheriff wtRrahbr,l�,�
Jody S Smith i � HAY 29 PM J
Chief Deputy � t
Richard W Stewart
Solicitor OFF!CC OO OF �,Kkir PENNS YL\iA NIA
First National Bank of Pennsylvania
Case Number
vs. 2013-2115
Netrepid, Inc. (et al.)
SHERIFF'S RETURN OF SERVICE
04/24/2013 02:12 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in
Confession of Judgment by handing a true copy to a person representing themselves to be Kevin Coyle,
Vice President of Company, who accepted as"Adult Person in Charge"for Netrepid, Inc. at 21 N. Enola
Drive, East Pennsboro Township, Enola, PA 17025.
RONALD HOOVER, DEPUTY
04/24/2013 02:12 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in
Confession of Judgment by handing a true copy to a person representing themselves to be Kevin Coyle,
Vice President of Company, who accepted as"Adult Person in Charge"for Pennsylvania Online LTD at
21 North Enola Drive, East Pennsboro, Enola, PA 17025.
RONALD HOOVER, DEPUTY
04/24/2013 02:12 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in
Confession of Judgment by handing a true copy to a person representing themselves to be Kevin Coyle,
Vice President of Company, who accepted as"Adult Person in Charge"for Samuel D Coyl at 21 North
Enola Drive, East Pennsboro, Enola, PA 17025.
RONALD HOOVER, DEPUTY
04/24/2013 02:12 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint in
Confession of Judgment by handing a true copy to a person representing themselves to be Kevin Coyle,
Vice President of Company,who accepted as"Adult Person in Charge"for Jennifer Coyl at 21 North
Enola Drive, East Pennsboro, Enola, PA 17025.
d
RONALD HOOVER, DEPUTY
04/30/2013 07:18 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice
Under Rule 2958.1 of Judgment and Execution Thereon, Confession of Judgment, Notice of Order,
Decree or Judgment, Complaint in Confession of Judgment by"personally" handing a true copy to a
person representing themselves to be the Defendant, to wit: Kevin Winsor Coyl at 8 Citadel Drive, Lower
Allen, Camp Hill, PA 17011.
UTSHAL , PUTY
(c)countysuite Shoritt,Toleosott,Inc.
a
05/01/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Melanie Coyl, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Confession of Judgment as"Not
Found" at 8 Citadel Drive, Lower Allen, Camp Hill, PA 17011. Defendant's ex-husband stated that the
defendant has moved to 5500 McKinney Place,Apt. 306, McKinney, Texas 75070.
SHERIFF COST: $141.45 SO ANSWERS,
6z
May 01, 2013 RbNW R ANDERSON, SHERIFF
(c)CounlySuito Sheriff,Teleosoft,Inc.