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Home My WebLink About99-07622,? ?? S `?, .. '1 h .? .? ,.-? -' '? ;, ?: ' `? u a1f ,. -: 0 .o .a ;: r ?- ?; '. ?. .:., THIS IS AN ARBITRATION CASE ASSMIENTOF DAMAGES HEARING ISNOTREOUIRED MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 Post Office Box 30477 Fitzgerald Communications Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Fitzgerald Communications Inc 245 First St. 12th Floor Cambridge MA 02142-1292 VS. Knowledgesoft, Inc. 5020 Richard Lane Mechanicsburg PA 17055906 , COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 9V- 7loaa COMPLAINT CIVIL ACTION NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses orobjections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH SELO W TO FIND OUT W HERE YOU CAN GET LEGAL HELP. Name CUMBERLAND COUNTY BAR ASSOCIATION Address 2 LIBERTY AVENUE city CARLISLE, PA 17013 Tel. No. (717) 249-3166 The Plaintiff above named, hereinafter referred to as "Plaintiff", claims of the Defendant above named, hereinafter referred to as "Defendant", the sum of $17,184.15 with interest thereon, upon the following cause of action: 1. Plaintiff is Fitzgerald Communications Inc. Defendant(s) is Knowledgesoft, Inc. 2. At the special instance and request of Defendant(s), Plaintiff rendered services and sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. i r r.? i 5. All credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $17,184.15 with interest at 6% from July 31, 1999 and costs. & ADALMAN// P, c. BY OMES W. ADELMAN ESQUIRE Attorneys For P1 intiff Post Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 -2- kT T ??c r? s•? states that he is of ZAZC?'?JJI rf-'<' and that the facts set forth in the foregoing COPTLAINT are true and correct to the best of knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 _ relating to unsworn falsification to authorities. Dated: 1\l QZIL F I T Z GERALD COMMUNICATIONS Invoice #125048 Net 20 Days 31-Jul-99 Services for July KnowlcdgcSoft Inc. Sue Todd Director, Marketing Communications 5020 Richard Lane Mechanicsburg, PA 17055 For Professional Fees Planning/Counscl 51,258.75 Editorial Outreach $1,662.50 Analyst Outreach 5262.50 Tradeshows $1,785.00 Speaking Opportunitics/rradeshows $420.00 5 8R 7 Announcements Sub Total for Professional Fees $5,677.50 Credit: June On site Meeting (52.500.00 Total Professional Fees S3,I77.50 For Out-of-Pocket Expenses Cabs/Parkin irtalls 510.75 Federal Express 521.55 Food & Beverage $10.92 Research $219.94 Telephone/Fax 551.13 Travel 541 .00 $355.29 Balance Due 53,532.79 - Cambridge • San Francisco • Washington D.C. - 245 FIRST STREET 12r,,FLOOR CAMBRIDGE, IJA 02142 TEL: 617.494.9500 FAX: 617.494.1878 433 CALIFORNIA STREET SUITE 500 SAN FRANCISCO, CA 94104 TEL: 415.986.9500 FAX: 415.966.9501 1530 WILSON BOULEVARD SUITE 1050 ARLINGTON, VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 t1i i F :r Ff T F I T z G E Ii A L D COMhf LINT CATIONS KnowledgeSoft Inc. July, 1999 Activity Report Planning/Counsel - Held ad hoc internal team meetings to discuss account activities - Held ad hoc conversations with S. Todd regarding account status Editorial Outreach - Continually updated editorial tracker and pursued upcoming opportunities - Scanned targeted publications and forwarded relevant articles to KnowledgeSoft - Conducted outreach to the following press outlets in July: - KM World, September article on how to deploy and design an HR . management system - Forwarded request from Jennifer McIntosh, reporter, to Ron Eddy at Acxiom - R. Eddy and J. McIntosh spoke on Friday, July 23 about a case study on Acxiom's use of KnowledgeSoft for their HRMS system Status: FGCI will continue to follow up with J. McIntosh regarding any additional materials/interviews she may need - PC Week August issue on implementation lessons learned from ERP - Pitched Lisa Vaas, associate editor, on KnowledgeSoft as an ERP bolt-on with hosting option - Forwarded additional materials to L. Vaas, including KnowledgeSoft 3.2 and IT Performance Solutions press releases Status: FGCI will continue to follow up with L. Vaas to gauge her interest in speaking with KnowledgeSoft. - Inside Technology Training, September article on courseware - Pitched Blaine Pardo and Steve Alexander, editors, on "developing and shopping for courseware" article - Forwarded additional materials to B. Pardo and S. Alexander including press releases and corporate backgrounder Status: FGCI determined that this opportunity was inappropriate due to lack of content provider angle. FGCI will continue to follow up for other opportunities - Training Magazine, October story on Online Learning Services and Distance Learning - Forwarded Acxiom customer case study to Jack Gordon, editor Status: FGCI will continue to follow up - Conducted outreach with the following press and analysts surrounding Computer Training World'99: - Developed media advisory regarding KnowledgeSoft's presence at CTW '99 - Cambridge • San Francisco • Washington D.C. - 745 FIRST STREET 12TH, FLOOR CAIABRIDGE, MA02142 TEL: 617.494.9500 FAX: 617.494.1818 433 CALIFORNIA STREET SUITE S00 SAN FRANCISCO, CA 94104 TEL' 415986.9500 FAX: 415.9869501 1530 WILSON BOULEVARD SUITE 1050 ARLINGTON,VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 - Developed list of editorial contacts and cross referenced with list of attendees - Distributed media advisory to the following press and analysts and conducted follow up: Aberdeen Group - Computerwarld - Forrester Research - Giga Information Group - HR Magazine - Human Resource Executive - IHRIMJournal InformationWeek - Info World - Inside Technology Training - Inter@ctive Week - Internet World - KMWorld (Knowledge Management World) - Knowledge Management - META Group - PC Week - Service News - Training & Development - Training Magazine Workforce - IT Recruiter Magazine, September article on the costs and specifications of IT training - Forwarded pitch to Loretta Prencipe, editor on meeting with B. Kaylor at Computer Training World Status: FGCI will continue to follow up Analyst Outreach - Conducted proactive outreach to the following analysts: - International Data Corportation, Judy Hodges - Arranged in-person meeting for A. Todd and J. Hodges on July 15 Began crafting briefing materials Status: Per D. Glenn, A. Todd was unable to come to Boston for this meeting and J. Hodges preferred a face-to-face meeting. FGCI will continue to try to arrange a time for A. Todd to meet with J. Hodges in August - The Masie Center, Elliott Masie - Contacted Cathy Masie to arrange a date/time for A. Todd to meet with E. Masie in July or August - Per C. Masie, Elliott has been traveling a good amount but has some time available in August to meet with A. Todd Status: FGCI to coordinate a meeting between E. Masie and A. Todd for August rl Speaking Opportunities/Tradeshows - Refined and updated tradeshow/speaking opportunities database - Conducted call with M. Wells regarding upcoming tradeshows KnowledgeSoft is attending, exhibiting and/or sponsoring at - Pursued speaking opportunities at the following conferences: Training 2000, Feb. 21-23, Atlanta, GA - Developed and forwarded abstract to KnowledgeSoft and conference organizers on July 8 Status: KnowledgeSoft accepted. Must respond to trade show group to accept ASAP. ASTD 2000, Feb. 21-25, Kissimmee, FL - Developed and forwarded abstract to KnowledgeSoft and conference organizers on July 8 Status: Will hear back in the October/November timeframe Announcements - Held several ad hoc discussions with S. Todd and M. Wells regarding upcoming announcements - Worked on the following announcements in July: - Saudi Aramco release - Reforwarded draft of release to S. Todd and M. Wells on July 14 - Obtained edits from M. Wells and requested contact information for Saudi Aramco approvals Status: FGCI to continue follow up with M. Wells regarding Saudi Aramco contact information in order to obtain release approval and to finalize and distribute press release 1f1 1 It I i ?y F I T z GERALD COMMUNICATIONS Invoice 0124910 Net 20 Days 30-Jun-99 Services for June Knowlcd&cSoR Inc. Sue Todd Director, Marketing Communications 5020 Richard Lane Mechanicsburg, PA 17055 For Professional Fees Planning/Counsel $4,082.50 Editorial Outreach 54,130.00 Analyst Outreach $1,330.00 Speaking Opponunitiesnradeshows $595.00 Announcements 5918.75 Measurement 52,253.75 Sub Total for Professional Fees 513,310.00 Credit: Measurement fS2.253,751 Total Professional Fees 511,056.25 For Out-of-Pocket Expenses Federal Express 556.23 Photocopying/Printing $21.00 Research $147.56 Telephone/Fax $43.54 Travel 51 347.75 $1,816.08 Balance Due $12,872.33 - Cambridge - San Francisco • Washington D.C. - 245 FIRST STREET 121t, FLOOR CAMBRIDGE. MA 02142 TEL: 617.494.9500 FAX: 617.494.1818 433 CALIFORNIA STREET SUITE 500 SAN FRANCISCO, CA 94104 TEL: 415.986.9500 FAX: 415.986.9501 1530 WILSON BOULEVARD SUITE 1050 ARLINGTON, VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 F I T 7. GE It A L D COMM UN]CATION S KnowledgeSoft Inc. June, 1999 Activity Report Planning/Counsel - Held ad hoc internal team meetings to discuss account activities - Held calls with S. Todd and M. Wells to discuss key account activities - Held several ad hoc conversations with S. Todd regarding planning meeting and account status - Held planning and measurement meeting on June 23, 1999 at KnowledgeSoft's offices - Developed measurement presentation and researched new competitor's including CBM, Training Server and Saba - Compiled six month clip book and forwarded to KnowledgeSoft - Created meeting agenda Editorial Outreach - Continually updated editorial tracker and pursued upcoming opportunities - Scanned targeted publications and forwarded relevant articles to KnowledgeSoft - Held brainstorming meeting to determine potential editorial ideas for June and July - Conducted outreach to the following press outlets in June: - CIO, September feature on companies using virtual classrooms as the sole means of training for employees - Continued attempts to follow-up with A. Stuart, managing editor, regarding a sidebar to this feature on how some organizations find it important to offer a variety of training options to employees, not just virtual classrooms - A. Stuart has been unresponsive to a-mails and voice mails. Status: FGCI to continue attempts to follow-up with A. Stuart and to pursue other relevant opportunities in this publication - Computerworld, profile of emerging leaders among information technology companies - Forwarded submission information to S. Todd Status: FGCI to discuss to S. Todd and M. Wells during planning meeting on June 23 - HR Magazine, Alice Starke - Pitched review of KnowledgeSoft 3.2 - Determined A. Starcke no longer with the publication. Leigh Rivenbark is her replacement and is not accepting products for review at this time. Status: FGCI will continue to forward releases and announcements to L. Rivenbark, per her request - Cambridge • San Francisco • Washington D.C. - 245 FIRST STREET 12n, FLOOR CAMBRIDGE, MA 02142 TEL: 617.494.9500 FAX: 617.494.1818 433 CALIFORNIA STREET SUITE 500 SAN FRANCISCO, CA 94104 TEL: 415.986.9500 FAX: 415.986.9501 1530 WILSON BOULEVARD SUITE 1050 ARLINGTON, VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 F? S.i 1 - Inc. Magazine, David Barber - Pitched IT Solution as sidebar for story on small businesses hiring their first IT staff Status: FGCI will continue to follow up with D. Barber to arrange conference call with A. Todd for mid-July - Wall Street Journal, William Bulkeley - Pitched IT Solutions bundle for `Digits' section Status: FGCI will continue to target W. Bulkeley for outreach - Computerworld, Fran Quittel - Pitched IT solution to `Career Adviser' as ideal way for IT managers to build strong IT organizations Status: FGCI will continue to forward releases to F. Quittel at her request - Attempted to arrange meetings on June 15, 1999 for A. Todd's trip to Boston with the following press and analysts: - Aberdeen, Karen Moser, Robert Moran - AMR, John Hagerty - CIO, Anne Stuart - Delphi, John Hughes, Hadley Reynolds, Thomas Koulopoulos - Fast Company, Gina Imperato - Gartner, Jenni Lehman, Sue Obijiski, Jeff Comport - Giga, Pete McAteer - IDC, Ellen Julian, Judy Hodges, Rebecca Segal - Inside Technology Training, Sarah Auerbach - PC Week-Christa Degnan Status: Above press and analysts were unavailable to meet with A. Todd on the designated date • Analyst Outreach - Conducted proactive outreach to the following analysts: - Aberdeen, Karen Moser Obtained revised copy of report on EWP Status: FGCI will continue to follow up for future opportunities - IDC, Judy Hodges, Ellen Julian and Rebecca Segal - Determined J. Hodges would like to meet with A. Todd in July - Coordinated with D. Glenn for A. Todd's schedule Status: FGCI to continue working with D. Glenn and J, Hodges to secure a date for this meeting - Meta, Mark Huey - M. Huey is interested in meeting with KnowledgeSoft in mid-July Status: FGCI will continue to follow up and coordinate meeting - Giga, Peter McAteer - Determined that Giga is still interested in conducting an in-depth study of the key players and market dynamics of the workforce development marketspace once P. McAteer has a staff in place Status: FGCI will continue to follow up with P. McAteer in early July regarding this report - Inc. Magazine, David Barber - Pitched IT Solution as sidebar for story on small businesses hiring their first IT staff Status: FGCI will continue to follow up with D. Barber to arrange conference call with A. Todd for mid-July - Wall Street Journal, William Bulkeley Pitched IT Solutions bundle for `Digits' section Status: FGCI will continue to target W. Bulkeley for outreach Computerworld, Fran Quittel eer Adviser' as ideal way for IT managers to Pitched IT solution to `Car build strong IT organizations Status: FGCI will continue to forward releases to F. Quittel at her request - Attempted to arrange meetings on June 15, 1999 for A. Todd's trip to Boston with the following press and analysts: - Aberdeen, Karen Moser, Robert Moran - AMR, John Hagerty - CIO, Anne Stuart - Delphi, John Hughes, Hadley Reynolds, Thomas Koulopoulos - Fast Company, Gina Imperato - Gartner, Jenni Lehman, Sue Obijiski, Jeff Comport - Giga, Pete McAteer - IDC, Ellen Julian, Judy Hodges, Rebecca Segal - Inside Technology Training, Sarah Auerbach - PC Week-Christa Degnan Status: Above press and analysts were unavailable to meet with A. Todd on the designated date Analyst Outreach - Conducted proactive outreach to the following analysts: - Aberdeen, Karen Moser - Obtained revised copy of report on EWP Status: FGCI will continue to follow up for future opportunities IDC, Judy Hodges, Ellen Julian and Rebecca Segal - Determined J. Hodges would like to meet with A. Todd in July - Coordinated with D. Glenn for A. Todd's schedule Status: FGCI to continue working with D. Glenn and J, Hodges to secure a date for this meeting Meta, Mark Huey M. Huey is interested in meeting with KnowledgeSoft in mid-July Status: FGCI will continue to follow up and coordinate meeting - Giga, Peter McAteer - Determined that Giga is still interested in conducting an in-depth study of the key players and market dynamics of the workforce development marketspace once P. McAteer has a staff in place Stg: FGCI will continue to follow up with P. McAteer in early July regarding this report • Speaking Opportunities/I'radeshows - Conducted several conference calls with S. Todd regarding updating program activities and objectives - Held conversations with M. Wells regarding upcoming conferences as a potential venue for KnowledgeSoft to meet press and/or analysts - Training 2000, Feb. 21-23, Atlanta, GA - Developing abstract and will forward in advance of rolling July deadline. Announcements - Updated announcement timeline and forwarded to S. Todd - Worked on the following announcements in June: - Saudi Aramco release - Revised press release and forwarded to M. Wells for approvals on June 9, 1999 - Followed up with M. Wells who stated S. Todd was in the process of reviewing release Status: FGCI to continue to work with M. Wells to obtain edits/approvals and distribute press release in July - IT Solutions release - Continued to revise press release - Prepared and forwarded release for distribution via Business Wire on Monday, June 7, 1999 at 9:00 a.m. EDT - Conducted outreach to the following press and analyst contacts: - Aberdeen-Karen Moser, Robert Moran - Forwarded release and pitch materials Status: FGCI will continue to follow up - AMR-John Hagerty - Forwarded release and pitch materials Status: FGCI will continue to follow up - Brandon Hall - Forwarded release and pitch materials Status: FGCI will continue to follow up - CIO-Anne Stuart - Forwarded release and pitch materials Status: FGCI will continue to follow up - Delphi- John Hughes, Hadley Reynolds, Thomas Koulopoulos - Forwarded release and pitch materials Status: FGCI will continue to follow up - Elliot Masie Forwarded release and pitch materials Status: FGCI will continue to follow up - Fast Company-Gina Imperato - Forwarded release and pitch materials Status: FGCI will continue to follow up - Forrester-Ron Shevlin Forwarded release and pitch materials Status: FGCI will continue to follow up - Gartner-Jenni Lehman, Sue Obijiski, Jeff Comport - Forwarded release and pitch materials Status: FGCI will continue to follow up - Giga- Pete McAteer - Forwarded release and pitch materials Status: FGCI will continue to follow up - Hurwitz-Judith Hurwitz, Steve Bonadio - Forwarded release and pitch materials Status: FGCf will continue to follow up - IDC-Ellen Julian, Judy Hodges and Rebecca Segal - Forwarded release and pitch materials Status: FGCI will continue to follow up - Information Week-Jennifer Mateyaschuk - Forwarded release and pitch materials Status: FGCI will continue to follow up - InfoWorld-Stannie Holt, Lynda Radosevich - Forwarded release and pitch materials Status: FGCI will continue to follow up - Internet World-Brian Caulfield - Forwarded release and pitch materials Status: FGCI will continue to follow up - Inside Technology Training-Sarah Auerbach - Forwarded release and pitch materials Status: FGCI will continue to follow up - KM World-Jennifer McIntosh - Forwarded release and pitch materials Status:FGCI will continue to follow up - META-Mark Huey - Forwarded release and pitch materials Status: FGCI will continue to follow up - PC Week-Christa Degnan - Forwarded release and pitch materials Status: FGCI will continue to follow up - Release 1.0-Kevin Werbach and Bill Kutik - Forwarded release and pitch materials Status: FGCI will continue to follow up a d o? F I T 2 G E It A L D COMAIUNICATIONS Invoice #124820 31-May-99 Services for May KnowlcdgeSoft Inc. Sue Todd Director, Marketing Communications 5020 Richard Lane Mechanicsburg, PA 17055 For Professional Fees Planning/Counsel Editorial Outreach Analyst Outreach Speaking Opportunitics/fradeshows Announcements Awards Nel 20 Days $1,877.50 57,453.75 51,962.50 $773.75 53,048.75 For Out-of-Pocket Expenses Cabs/Parkingfrolls Federal Express Photocopying/Printing Publications Research Tclephone/Fax 515,331.25 $13.70 565.44 50.90 SI48.00 $40.30 $447.78 Balance Due SI5,779.03 - Cambridge • San Francisco • Washington D.C. - 245 FIRST STREET 12u, FLOOR CAMBRIDGE. MA 02142 TEL: 617.94.9500 FAX: 617.494,1818 433 CALIFORNIA STREET SUITE 500 SAN FRANCISCO. CA 94104 TEL: 415.986.9500 FAX: 415.986.9501 1530 WILS0I4 BOULEVARD SUITE 1050 ARLINGTON, VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 ^? FIT%GERALO COMMUNICATIONS KnowledgeSoft Inc. May, 1999 Activity Report Planning/Counsel - Held weekly meetings and numerous conversations with A. Todd, R. Eckels, S. Todd and M. Wells regarding account activities - Developed and forwarded June to-dos - Held weekly internal team meetings to discuss account activities - Developed and forwarded weekly team agendas - Discussed planning meeting for June • Editorial Outreach - Continued follow up/proactive outreach to the following business publications: - Business 2.0-Eric Hellweg, senior editor - Forwarded pitch letter to E. Hellweg Status: FGCI will continue to follow up - Business Week- Steve Hamm, software editor, Marcia Stepanek, technology strategies editor - Forwarded pitch letter to S. Hamm and M. Stepanek Status: S. Hamm and M. Stepanek have been unresponsive to calls and e-mails. FGCI will continue to follow up - CIO-Gary Abramson, senior writer, Howard Baldwin, senior editor - Forwarded pitch letter to G. Abramson and H. Baldwin - Per H. Baldwin, Tom Field covers HR Technology and maybe interested. Forwarded pitch letter to T. Field and conducted follow-up Status: T. Field has been unresponsive. FGCI will continue to follow up - Forbes-Nikhil Hutheesing, associate editor, Guy Kawasaki, columnist Forwarded pitch letter to N. Hutheesing and G. Kawasaki who have been unresponsive Status: FGCI will continue to follow up - Fortune-O.P. Malik, start ups editor, Stewart Alsop, columnist, J. William Gurley, columnist Forwarded pitch letter to O.P. Malik, S. Alsop and J.W. Gurley Status: All have been unresponsive. FGCI will continue to follow up - Industry Standard-James Ledbetter, east coast bureau chief - Forwarded pitch letter to J. Ledbetter Status: FGCI will continue to follow up - New York Times-Amy Harmon, reporter - Forwarded pitch letter to A. Harmon Status: FGCI will continue to follow up - The Patriot News-David Dekok, business reporter -Cambridge • San Francisco • Washington D.C. - 245 FIRST STREET 12u1 FLOOR CAI4BRIDGE, IdA 02142 TEL: 617.494.9500 FAX: 617.494.1818 433 CALIFORNIA STREET SUITE 500 SAN FRANCISCO, CA 94104 TEL: 415.986.9500 FAX: 415.986.9501 1530 WILSON BOULEVARD SUITE 1050 ARLINGTON, VA 22209 TEL: 703.875.9559 FAX: 703.875.9501 1:, rZYy - Forwarded pitch letter to D. Dekok - Arranged face-to-face meeting on Wednesday, May 12 Status: D. Dekok will fax coverage to FOCI from Sunday, May 30 issue. FGCI will forward coverage. - Philadelphia Daily News-Laurie Conrad, local business and technology writer - Forwarded pitch letter to L. Conrad Status: FOCI will continue to follow up - Philadelphia Inquirer-Linda Austin, business editor - Forwarded pitch letter to L. Austin Status: FOCI will continue to follow up - Pittsburgh Post-Gazette-Michael Newman, business writer Forwarded pitch letter to M. Newman Status: FOCI will continue to follow up - Red Herring-Luc Hatlestad, east coast editor - Forwarded pitch letter to L. Hatlestad Status: FOCI will continue to follow up - Silicon Alley Reporter-Jason McCabe Calacanis, financial editor - Forwarded pitch letter to J. Calacanis Status: FOCI will continue to follow up - Upside-Chuck Lenatti, senior editor - Forwarded pitch letter to C. Lenatti Status: FOCI will continue to follow up - USA Today-Geri Tucker, technology reporter - Forwarded pitch letter to G. Tucker Status: FOCI will continue to follow up - Wall Street Journal-Jon Auerbach, staff reporter, Gene Koprowski, Freelancer - Forwarded pitch letter to J. Auerbach and G. Koprowski who have both been unresponsive Status: FOCI will continue to follow up - Pursued the following editorial opportunities in May: - HR Executive, meeting with Bill Kutik, contributing editor - Coordinated conference call for Monday, May 17 - Developed and forwarded briefing materials to A. Todd - Staffed conference call Status: FOCI will continue to follow up with B. Kutik regarding articles on EWP KMMagazine, meeting with Dan Ruby, managing editor and editorial staff Worked with D. Ruby to coordinate meeting with R. Eckels Arranged face-to-face meeting on Wednesday, May 19 Developed and forwarded briefing materials to R. Eckels Status: FOCI to continue to follow up with staff of KMMagazine regarding future editorial opportunities InfoWorld-"Mentor's Comer," Stannie Holt, enterprise applications reporter - FGCI was contacted by S. Holt's senior editor, Lynda Radosevich, regarding interview with KnowledgeSoft customer for upcoming column I ie Y - Held several conversations with M. Wells regarding customer references with Acxiom, SGI and Glaxo - Pursued customer interviews - Determined that opportunity was no longer available on Friday, May 21 Determined that S. Holt was also writing on PeopleSoft's PSBN initiative A. Todd declined to be interviewed for this story Status: FGCI will continue to follow up with InfoWa•ld for placement in future "Mentor's Comer" columns - CID - September article on Web-based training - Determined Anne Stuart, managing editor, would be writing this article and that she is focusing on companies who only use virtual classrooms to train employees - Forwarded pitch letter to A. Stuart requesting she speak with KnowlegeSoft and some customers who can discuss why they have opted to use various methods of training employees, Web-based being one of them Status: FGCI to continue attempts to follow-up with A. Stuart regarding this article and speaking with KnowledgeSoft and/or customers - Training & Development Magazine-bylined opportunity - Determined that this publication accepts bylined articles - Forwarded specifications and submission instructions to M. Wells for review - Forwarded abstract examples to M. Wells for review - Reviewed M. Wells abstract and offered recommendations Status: FGCI to revise abstract and forward to M. Wells for approval - Responded to the following interview requests: - Internet World-response to request for lead on "retaining technology workers," Lisa Hamm-Greenawalt, editor - Forwarded pitch on Acxiom's use of KnowledgeSoft 3.2 - L. Greenawalt responded saying she had arranged sufficient interviews for this opportunity Status: FGCI will continue to pitch L. Greenawalt on an ongoing basis - Across the Board-response to request for lead on "corporate • executives who have purchased online training for their employees," Laurie Aron, freelancer - Forwarded e-mail on Acxiom's use of KnowledgeSoft3.2 - L. Aron responded saying she would like to interview Ron Eddy at Acxiom - FGCI placed call to Acxiom regarding this opportunity but received no . response Status: FGCI will work with Date Ingram at Acxiom for future ad hoc opportunities - Internet Week-response to request for lead on "recruiting and retaining IT skills," John Berry, editor - Forwarded e-mail to J. Berry on competency and assessment modules of KnowledgeSoft 3.2 leveraged in the hiring and retention process - J. Berry responded saying that he had already lined up sufficient interviews for this opportunity Status: FGCI will continue to follow up with J. Berry for future stories on EWP - Clipped and forwarded following coverage in May: - PC Week-feature on KnowledgeSoft 3.2, Lee Pender - Forwarded KnowledgeSoft 3.2 announcement to L. Pender, ERP reporter Status: FGCI forwarded coverage on Monday, May 3 - Information Week-"What's Hot," Logan Harbaugh, editor - Forwarded KnowledgeSoft 3.2 announcement to L. Harbaugh Status: FGCI forwarded coverage on Monday, May 24 - Responded to competitive stories at the following publications: - Camputerivorld - "Lotus eyes standards for online learning," May 24 - E-mailed response to Dominique Deckmyn, editor Status: FGCI will continue to follow up with D. Deckmyn - Continually updated editorial tracker and pursued upcoming opportunities - Scanned targeted publications and forwarded relevant articles to KnowledgeSoft - Continued developing press list and updating contacts as appropriate - Worked with the following customers in May: Acxiom Corp: Ron Eddy, Linda Tyler, Dale Ingram - Determined from L. Tyler that all PR inquiries should be passed through D. Ingram - Forwarded Info World, Internet Week, Planet IT and RealWare Awards opportunities to D. Ingram Status: FGCI found that D. Ingram is new to his post as head of PR for Acxiom and will continue to work with D. Ingram on future opportunities BP/Amoco-Wyvette Hoffman - Determined that BP/Amoco is using KnowledgeSoft 3.2 to upgrade workers on Windows 98 and hence is not applicable for CIO opportunity on virtual classrooms Status: FGCI will continue to follow up Hershey-Maxine Sheinin - Forwarded M. Sheinin Info World opportunity - Determined that M. Sheinin is not an appropriate contact for FGCI • inquiries Status: M. Wells will follow up and attempt to establish another contact at Hershey Rite Aid-Kent Whiting, Kent Podvin - Determined that K. Whiting has been replaced by Matt Sweeney as VP of Information Systems and that K. Whiting has moved to Internet Development team at Rite Aid Status: FGCI will continue to work with Rite Aid to determine best contact for future inquiries SGI-Daryl Toney - Forwarded a-mail and voicemail to D. Toney to try to arrange customer interview - Referred lack of response to M. Wells who urged D. Toney to contact FGCI B..: Status: FOCI spoke briefly with D. Toney and will continue to try to arrange a time to interview D. Toney Zurich-Lisa Goodman - Scheduled customer interview with L. Goodman on Friday, May 14 - Due to scheduling conflict, interview was rescheduled for Friday, May 28 Status: FOCI will staff interview with L. Goodman on May 28 and continue to work with Zurich on future opportunities • Analyst Outreach - Conducted outreach to the following analysts: - Aberdeen, Karen Moser - S. Todd forwarded first draft of EWP report to FOCI Status: FOCI will work with KnowledgeSoft on revisions for future drafts - Benchmarking Partners, David Dobrin, Sam Wee - Scheduled briefing on Thursday, May 20 - Developed and forwarded briefing materials to A. Todd - Due to scheduling conflicts, KnowledgeSoft canceled briefing Status: FOCI will attempt to reschedule briefing for mid-July - Gartner Group, Jenni Lehman, Sue Obijiski, Jeff Comport - Contacted J. Lehman, S. Obijiski, J. Comport regarding briefing - Scheduled briefing for Friday, May 14 - Developed and forwarded briefing materials to A. Todd and S. Todd - Staffed conference call Status: FOCI will continue to follow up regarding upcoming reports on EWP - Giga Information Group, Peter McAteer - Continued attempts to speak with P. McAteer who stated he is considering writing a report Status: FOCI will continue to follow up with P. MacAteer regarding a report on the EWP marketspace - Release 1.0/Edventure Holdings, Kevin Werbach - Scheduled meeting from vision tour for the same day as B. Kutik meeting, Monday, May 17 - Developed and forwarded briefing materials to A. Todd - Per. K. Werbach's assistant, the meeting needed to be rescheduled for June or July Status: FOCI will continue to follow up with K. Werbach to reschedule meeting in June or July Speaking Opportunities/Tradeshows - Researched speaker and speaking deadlines for the following shows: - DCI's ERP Conference - Determined that submission deadline was May 21 Status: Because DCI's ERP Conference has been merged with DCI's customer relationship management conference, FGCI determined that this opportunity is not applicable for KnowledgeSoft - Giga World IT Forum - Determined that submission deadline was June 14 Status: Determined that because KnowledgeSoft does not receive services from Giga, neither this nor any other Giga show is appropriate for KnowledgeSoft - HR Technology Conference - Determined that extended submission deadline has passed .Status: Determined that this year's show is full. FGCI will continue to track and forward submission information for HR Technology 2000 - Online Learning `99 - Determined that extended submission deadline has passed Status: Though this year's show is full, FGCI will continue to track and forward submission information for Online Learning 2000 Developed and forwarded recommendations on speaking opportunities for 1999 Announcements - Updated announcement timeline and forwarded to S. Todd - Worked on the following announcements in May: - PeopleSoft release - Held numerous conversations with S. Todd, M. Wells, R. Eckels and S. Todd regarding status of announcement Status: Per A. Todd, this announcement is on hold - Hosting release - Revised press release and forwarded to S. Todd for approval - Per S. Todd, contacted A. Todd regarding edits to this release Status: Per M. Wells and S. Todd, this announcement will not go out and information will be incorporated into future announcements regarding bundled solutions - KAP release Drafted release and forwarded to S. Todd and M. Wells for review Held discussions with S. Todd and M. Wells regarding status of announcement Status: Per S. Todd, this announcement will not go out as the program is not ready 444 f, i i. - IT Solutions release - Edited draft of release from M. Wells - Held numerous conversations with A. Todd, S. Todd and M. Wells regarding messaging - Drafted IT Solutions release planner and finalized messages with S. Todd and M. Wells Edited second draft of release from M. Wells - Crafted quote for customer and forwarded to SGI for approvals - Contacted John Hagerty of AMR for quote Status: FGCI to work with M. Wells to finalize release and to obtain customer/analyst quote approvals - KnowledgeSoft 5.0 - Held conversations with M. Wells regarding launch date and timing - Reviewed materials from M. Wells Status: FGCI to craft announcement planner and discuss strategy/timing during June planning meeting , Awards - RealWare Awards - Forwarded submission questions to Dale Ingram and Ron Eddy at Acxiom, Corp. Status: Deadline has elapsed. FGCI will forward submission information for RealWare Awards 2000 when available - Crossroads 2000 Awards - Determined that award will be given March 12-15,2000 in Rancho Mirage, CA Status: FGCI will work with a KnowledgeSoft customer to complete submission C` S i 7 i Ivi SHERIFF'S RETURN - REGULAR CASE NO: 1999-07622 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FITZGERALD COMMUNICATIONS INC VS KNOWLEDGESOFT INC CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & CIVIL ACTION was served upon KNOWLEDGESOFT INC the DEFENDANT at 0013:05 HOURS, on the 29th day of December , 1999 at 5095 RITTER ROADE MECHANICSBURG, PA 17055 by handing to JULE MYERS (ASST. CONTROLLER) a true and attested copy of NOTICE & CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.68swrsC Affidavit .00 777 Surcharge 8.00 R. Thomas Kline .00 34.68 01/03/2000 MORRIS & ADELMAN Sworn and Subscribed to before By: me this 3/ r nn day of Deputy 'Sheri \ n2y?uz? y A.D. //f rothonotary MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. Box 30477 Fitzgerald Communications Inc. Philadelphia, Pennsylvania 19103-8477 (215)'568-5621 Fitzgerald Communications Inc. 245 First St. 12th Floor Cambridge MA 02142-1292 VS. Knowledgesoft, Inc. 5020 Richard Lane Mechanicsburg PA 17055906 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 1999-07622 It was agreed on March 1, 2000, that: Defendant(s) is granted an extension of time through March 31, IWO (CZ4faP( O(, PCP(ipi dQ?y O61PCt-bny) 2000, in which to file a responsive pleading1to the Complaint. After the above date, judgment may be entered upon praecipe without further notice. The undersigned counsel, with the authority and consent of their respective clients, execute this Agreement the day a ear first above written. IS & ADE MAN, P.C. torney For Plaintiff INGERSOLL, Attorney for Defendant c>- r-, a. y i? cv Wh O c:: wc- - ..D: 4:-- u_ MORRIS & ADELMAN, P. C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P.O. Box 30477 Fitzgerald Communications Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Fitzgerald Communications Inc. 245 First St. 12th Floor Cambridge MA 02142-1292 VS. Knowledgesoft, Inc. 5020 Richard Lane Mechanicsburg PA 17055906 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 1999-07622 ORDER TO SETTLE DISCONTINUE & END TO THE PROTHONOTARY: Mark the above-entitled case settled, discontinued and ended upon payment of your costs only. & ADFF&MAN/ P.C. W. ADEJLMAN, ESQUIRE evs For Plaintiff Ordered As Above: lothonotary N C C^? J S C ?! i. V- d f C-j CC: J '' G uW S v °o U