UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): July 28, 2004 SmartServ Online, Inc. - -------------------------------------------------------------------- (Exact Name of Registrant as Specified in its Charter) Delaware 0-28008 13-3750708 - ------------------------------- ----------- ---------------- (State or Other Jurisdiction of (Commission (I.R.S. Employer Incorporation or Organization) File Number) Identification No.) 2250 Butler Pike, Suite 150, Plymouth Meeting, Pennsylvania 19462 - -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's Telephone Number, Including Area Code: (610) 397-0689 N/A (Former Name or Former Address, if Changed Since Last Report) Item 5. Other Events and Regulation FD Disclosure - ------------------------------------------------- On July 28, 2004, the Company issued a press release announcing that it signed a Letter of Intent with KPCCD, Inc. with respect to the acquisition of the stock of KPCCD, Inc. A copy of this press release is attached as Exhibit 99.1 hereto and is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits - --------------------------------------------------------------------------- (a) Not applicable (b) Not applicable (c) The following exhibit is filed herewith: Exhibit 99.1 Press Release of the Company dated July 28, 2004 regarding the letter of intent executed with respect to the acquisition of KPCCD, Inc. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. SMARTSERV ONLINE, INC. Dated: July 28, 2004 By: /s/ Robert Pons ----------------------------- Robert Pons, Chief Executive Officer EXHIBIT INDEX Exhibit No. Description - ----------- ----------- Exhibit 99.1 Press Release of the Company dated July 28, 2004 regarding the letter of intent executed with respect to the acquisition of KPCCD, Inc.