8-K 1 form8k_112008.txt FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 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): November 19, 2008 Energy Services of America Corporation (Exact name of Registrant as specified in its charter) Delaware 001-32998 20-4606266 --------- --------- ---------- (State or Other Jurisdiction (Commission File Number) (I.R.S. Employer of Incorporation) Identification No.) 2450 First Avenue, Huntington, West Virginia 25703 -------------------------------------------------- (Address of principal executive offices) (304) 528-2791 -------------- Registrant's telephone number, including area code (Former Name or former address, if changed since last report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 8.01 Other Events ------------ On November 19, 2008, Energy Services of America Corporation (the "Company") held its Annual Meeting of Stockholders. At the Annual Meeting the following matters were considered and acted upon by stockholders. 1. The election of Directors. The following individuals were elected to the Board of Directors by the following vote: For Withheld Marshall T. Reynolds 9,775,818 22,434 Jack Reynolds 9,777,318 20,934 Doug Reynolds 9,777,318 20,934 Edsel R. Burns 9,780,318 17,934 Neal W. Scaggs 9,779,318 18,934 Joseph Williams 9,771,018 27,234 Richard Adams, Jr. 9,779,318 18,934 Keith Molihan 9,777,818 20,434 Eric Dosch 9,779,298 18,954 James Shafer 9,779,298 20,934 2. The ratification of Arnett & Foster as the Company's independent registered public accountants. For Against Abstain 9,774,368 11,600 12,187 3. Approval of the Energy Services of America Corporation Stock Purchase Plan. For Against Abstain 5,149,491 33,214 21,650 Item 9.01 Financial Statements and Exhibits --------------------------------- (a) Financial Statements of businesses acquired. Not Applicable. (b) Pro forma financial information. Not Applicable. (c) Shell Company Transactions. Not Applicable. (d) Exhibits. None. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ENERGY SERVICES OF AMERICA CORPORATION DATE: November 20, 2008 By: /s/ Edsel R. Burns ------------------------------- Edsel R. Burns President (Duly Authorized Representative)