The Law Firms of Whatley Drake & Kallas LLC, Gray
Weiss & White and Franklin & Hance, LLC Announce Legal Notice: Class
Action Suit against First Command Financial Planning, et al.

    Business Editors/Legal Writers

    LOUISVILLE, Ky.--(BUSINESS WIRE)--Feb. 8, 2005--The law firms of
Whatley Drake & Kallas LLC, Gray Weiss & White and Franklin & Hance, LLC
announced today that on January 28, 2005, an amended class action was
filed on behalf of all persons who owned or purchased from the
defendants First Command Financial Planning and First Command
Financial Services, Inc. a periodic payment plan (also known as
systematic investment plan or contractual plan) between the period
January 1, 1995 and December 15, 2004 ("Class Period"), inclusive. The
periodic payment plans involved are Fidelity Destiny Plans I & II,
Pioneer Independence Plans, AIM Summit Investors Plans II and
Templeton Capital Accumulation Plans II.
    A copy of the amended complaint filed in this action is available
from the Court, or can be viewed on Whatley Drake & Kallase's web site at:
http://www.whatleydrake.com.
    The action titled Kevin Morrison et al. v. First Command Financial
Planning, Inc. et al., Civil Action No. 3:04cv748-H is pending in the
United States District Court for the Western District of Kentucky. The
courthouse is located at 601 W. Broadway, Louisville, Kentucky 40202.
The Hon. Judge John G. Heyburn is presiding over this action.
    The action was initially filed in the Circuit Court of Jefferson
County, Kentucky on November 24, 2004 and removed to the United States
District Court for the Western District of Kentucky. The complaint was
amended on January 28, 2005 to add specific allegations that
defendants violated Section10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder, by making materially false
and misleading scripted statements and comparisons about the
advantages of investing in a periodic payment plan and by omitting
material information about such plans. The amended complaint also
alleges that defendants violated Section 206 of the Investment
Advisors Act and Section 17(a) of the Securities Act of 1933 by
engaging in a deceptive course conduct which operated as a fraud or
deceit upon the named plaintiffs and class members. The alleged
deceptive course of conduct involved, but was not limited to, (a)
false and misleading statements about the volatility of no-load funds,
(b) the purpose and effect of a fifty (50) percent front load on the
first twelve (12) installments under the Plan; (c) the charges
associated with the periodic payments plans sold to the named
plaintiffs and class members; (d) the representation that the
financial planning document known as a Family Financial Plan (FFP) was
an objective analysis of the clients needs and (e) the use of former
officers as sales representatives. The amended complaint also alleges
that the same deceptive course of conduct was used to sell whole life
insurance policies to some of the named plaintiffs.
    If you owned or purchased a period payment plan from the
defendants at any time during the Class Period you may, no later than
April 11, 2005, request that the Court appoint you to serve as a lead
plaintiff. A lead plaintiff is a representative party that acts on
behalf of other class members in directing the litigation. Under
certain circumstances, one or more class members may together serve as
"lead plaintiff." Your ability to share in any recovery is not,
however, affected by the decision whether or not to serve as a lead
plaintiff. If you wish to discuss this action or have any questions
concerning this notice or your rights or interests, please contact
Matthew White at Gray Weiss & White 502-585-2060 or via e-mail at
mcheekgw@aol.com. You may also contact Richard P. Rouco at Whatley
Drake, LLC at 205-328-9576 or via email at rrouco@whatleydrake.com.
Any member of the purported class may move the Court to serve as lead
plaintiff through counsel of their choice, or may choose to do nothing
and remain an absent class member.

    CONTACT: Gray Weiss & White
             Matthew White, 502-585-2060
             mcheekgw@aol.com
             or
             Whatley Drake & Kallas LLC
             Richard P. Rouco, 205-328-9576
             rrouco@whatleydrake.com

For more information click on these articles below.

Plaintiffs' First Amended Complaint

Certification of Class Representative regarding the Filing of a Class Action Complaint