8-K 1 form8k2_121109.txt FORM 8-K REGARDING DEPARTURE (12 11 09) 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): December 11, 2009 Energy Services of America Corporation (Exact name of Registrant as specified in its charter) Delaware 001-32998 20-4606266 -------- --------- ---------- (State or Other Jurisdiction (Commission (I.R.S. Employer of Incorporation) File Number) Identification No.) 100 Industrial Lane, Huntington, West Virginia 25702-9694 --------------------------------------------------------- (Address of principal executive offices) (304) 399-6315 -------------- 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 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers (c) On December 11, 2009 the Registrant's Board of Directors appointed Edsel R. Burns as Chief Executive Officer. Mr. Burns will retain the title of President of the Registrant. Mr. Marshall T. Reynolds remains the Chairman of the Board of the Registrant. Item 8.01 Other Events On December 11, 2009 the Annual Meeting of Shareholders was held. At the Annual Meeting the following directors were reelected to the Board with the noted votes for and withheld. Each director was elected to serve for a term of one year: For Withheld Marshall T. Reynolds 11,113,552 208,829 Jack M. Reynolds 11,115,652 206,729 Douglas V. Reynolds 11,115,652 206,729 Edsel R. Burns 11,118,552 203,829 Neal W. Scaggs 11,281,975 40,406 Joseph L .Williams 11,284,975 37,406 Richard M. Adams, Jr. 11,284,975 37,406 Keith Molihan 11,281,975 40,406 Eric Dosch 11,285,975 36,406 James Shafer 11,115,652 206,729 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: December 11, 2009 By: /s/ Edsel R. Burns ----------------------------------------- Edsel R. Burns President (Duly Authorized Representative)