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): September
24, 2007
Able
Energy, Inc.
(Exact
name of registrant specified in charter)
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Delaware
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001-15035
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22-3520840
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(State
of Incorporation)
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(Commission
File Number)
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(IRS
Employer
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Identification
No.)
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198
Green Pond Road, Rockaway, NJ 07866
(Address
of principal executive offices) (Zip Code)
(973)
625-1012
Registrant’s
Telephone Number
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 (see General Instruction A.2. below):
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))
o 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
On
September 24, 2007, the Board of Directors of Able Energy, Inc. (the “Company”)
appointed (i) Richard A. Mitstifer, the former President of All American Plazas,
Inc. (“AAP”), as President of the Company; (ii) William Roger Roberts, the
former Chief Operating Officer of AAP, as the Company’s Chief Operating Officer;
(iii) Daniel L. Johnston, the former Controller of AAP, as Chief Financial
Officer of the Company; and (iv) Louis Aponte, the President of All American
Industries, Inc. and all American Realty and Construction Corp., which are
affiliates of AAP specializing in real estate development and construction,
as
the Company’s Vice-President of Special Projects. The Board also promoted Frank
Nocito, the Company’s Vice-President of Business Development, to Executive Vice
President and expanded his duties to include heading the Company’s expansion
into alternative and clean energy fuels and products.
There
are
no family relationships among Messrs. Mitstifer, Roberts, Johnston and Aponte
or
with any of the other officers or directors of the Company.
Messrs.
Mitstifer, Roberts and Aponte were officers of AAP in June 2005 when the Company
entered into an asset purchase agreement with AAP, pursuant to which the Company
agreed to acquire substantially all of AAP's assets and assume all liabilities
of AAP other than mortgage debt liabilities. They were also officers of AAP
at
the time the transaction closed in May 2007.
Effective
September 24, 2007, Christopher P. Westad stepped down as President of the
Company and Jeffrey Feld stepped down as Acting Chief Financial Officer of
the
Company. The Board appointed Mr. Westad as the President of the Company’s home
heating oil subsidiaries, namely Able Oil, Inc., Able Energy New York, Inc.
and
Able Oil Melbourne, Inc.
Richard
A. Mitstifer, age 50, graduated from Muhlenberg College in 1979 with degrees
in
Business Administration and Accounting. He entered the banking industry in
1979,
where he had a sixteen-year career in commercial lending, gaining exposure
to
several types of businesses from retail to manufacturing. He joined AAP in
1995
as Vice President of Finance, where he oversaw all banking, insurance, human
resources and accounting functions. He became President of AAP in 2003.
William
Roger Roberts, age 54, has over thirty years of experience in various
capacities, including ten years of restaurant management with Food Franchises,
Inc. from 1974 to 1978 and then from 1981 to 1985 as General Manager,
and twenty years of multi-unit supervision in the Travel Center/Convenience
store industry with Pantry Convenient Stores, from 1978 to 1981 as a district
manager, Benton Service Oil Company from 1985 to 1990 as VP of operations,
Interstate Facilities from 1990 to 1995 as General Manager, Coleman Oil Company
from 1995 to 1998 as VP of Operations, Cross Road Travel Plaza from 1998 to
2002
as General Manager, and from 2002 to present as VP and COO of AAP.
Daniel
L
Johnston, age 45, graduated from Westminster College in 1984 with a degree
in
Business Administration/Accounting. He worked for Price Waterhouse from August
20, 1984 to December 28, 1988 where he became Senior Accountant in June 1987,
responsible for various audits of several large companies. He entered his
family’s travel plaza business in 1989 in an executive capacity as
Vice-President and later Treasurer, handling all Accounting, IT, Human Resource,
and Administrative functions, as well as Garage and Sanitary Operations for
the
two travel plazas owned by his father, brother and himself. From 1991 to 1993,
he served on the executive committee that acted in an advisory capacity to
an
investment group and truck stop operators, who acquired the chain of Unocal
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Truck Stops. In addition to his involvement in his family’s travel plaza
business, from 1991 to present Mr. Johnston maintains a private CPA practice
providing accounting and payroll services, software installation and technical
support for independent travel plazas and restaurant chains. Mr. Johnston joined
AAP in 2004 and became its Controller in early 2006.
Louis
Aponte, age 34, has over eleven years of experience in construction, mechanical
drafting project development and project management. He worked for Automated
Building Concepts from 1995 to 1997, installing building automation systems
and
completed projects for Rikers Island Correctional Facility and St. Croix
Hospital. From 1997 to 1999, Mr. Aponte worked for Cox Mechanical/Modular
Mechanical (“Cox”) as Project Manager and completed several modular school
additions including West Side High School, P.S. 360 and P.S. 340 in New York
City, New York. After WDF/Keyspan acquired Cox in 1999, he was promoted to
Senior Project Manager in charge of multiple projects, which included P.S.
156,
P.S. 222 and P.S. 28 in New York City. Mr. Aponte joined AAP in February 2002
as
Vice-President of Real Estate Development and Construction. He was also in
charge of the day-to-day IT operations at AAP’s truck stop plazas.
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 on this 26th day of September, 2007.
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ABLE
ENERGY, INC.
By:
/s/ Gregory D. Frost
Name:
Gregory D. Frost
Title:
Chief Executive Officer
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