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ex10-29.htm


EXHIBIT 10.29


 







THIRD AMENDMENT TO EMPLOYMENT SERVICES AGREEMENT












THIS AMENDMENT TO EMPLOYMENT SERVICES AGREEMENT (“Amendment”), dated as of the 20th day of March, 2013, is between Mesa Energy Holdings, Inc. a Delaware corporation, (hereinafter referred to as the “Company”), and Rachel L. Dillard, (“Executive”).  Company and Executive are sometimes hereinafter collectively called the “Parties.”







WHEREAS, the Parties entered into an Employment Services Agreement on September 19, 2011 (the “Agreement”), which Agreement was amended on October 17, 2011 (the “First Amendment”) and further amended on October 1, 2012 (the “Second Amendment”); and







WHEREAS, the Parties wish to further amend certain provisions of the Agreement, as amended;







NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Company and Executive hereby agree as follows:







The remaining unvested portions of the Company’s restricted stock grant to Executive, the parameters of which were originally set forth in Section 5(d) of the Agreement with vesting dates subsequently revised according to the terms set forth in the First Amendment, are hereby converted to incentive stock options with an exercise price of $.131 per share, the closing market price of the Company’s common stock on the date of Board of Directors approval of this conversion.







The number of shares issuable upon the exercise of these options and related vesting dates are set forth below:







200,000 shares – vesting on April 1, 2013


300,000 shares – vesting on October 1, 2013







Except as specifically amended as provided herein, the Agreement, as amended, shall remain in full force and effect and is hereby confirmed and ratified.







This Amendment shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts or choice of laws thereof.







[The next page is the signature page]


 


 




  





  











  






 


 


 


 


IN WITNESS WHEREOF, this Amendment is executed, accepted and agreed to by the Parties effective as of the date first set forth above.








 


Company                                                                           Executive







Mesa Energy Holdings, Inc.







By:  /s/ Randy M. Griffin                                                By:  /s/ Rachel L. Dillard                          


        Randy M. Griffin, CEO                                                   Rachel L. Dillard
Opinion issued November 14 , 2013

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 1 3
- 00 624
- C V

——————————— IN THE INTEREST OF A.N.S. , A CHILD

On Appeal from the 315 th District Court

Harris County, Texas Trial Court Cause No. 201 0
- 00434J

MEMORANDUM OPINION Appellant, Jacob San Roman , appeals the trial co urt’s final order terminating
his parental rights to the minor child, A.N.S . Appellant’s ap pointed counsel has filed a motion to withdraw, along with an Anders brief, asserting that the appeal is without merit and that there are no arguable grounds for reversal. See Anders v.2

California , 3 8 6 U.S. 738, 87 S. Ct. 1396 (1967). We affirm the trial court’s judgment and grant counsel’s motion to withdraw.
T he procedures set forth in Anders are applicable to an appeal from a trial court’s order terminating parental rights when , as here, the appellant’s appointed appellate counsel concludes that there are no non - frivolous issues to assert on appeal

. See In re D.D. , 279 S.W.3d 849, 849

– 50 (Tex. App.

— Dallas 2009, pet. denied); In re D.E.S. , 135 S.W.3d 326, 3 29 (Tex. App.

— Houston [14th Dist.] 2004, no pet.); In re K.D. , 127 S.W.3d 66, 67 (Tex. App.

— Hous to n [1st Dist.] 2003, no pet.). Counsel has filed an Anders brief in which s he concludes that , after a th orough review of the record, appellant’s appeal of the termination of h is parental rights is frivolous and without merit. See Anders , 386 U.S. at 744, 87 S. Ct. at 1400; In re D.E.S. , 135 S.W.3d at 32 7, 3 30; In re K.D. , 127 S.W.3d at 67. Counsel has certified that s he delivered a copy of the brief to appellant and has informed appellant of h is right to examine the appellate record and to file a response. See In

re K.D. , 127 S.W.3d at 67

. Appellant has not filed a response. We have independently reviewed the entire record and counsel’s Anders brief. See Anders , 380 U.S. at 744, 87 S. Ct. at 1 400; In re D.E.S. , 135 S.W.3d at 330; In re K.D. , 127 S.W.3d at 67. We agree with counsel’ s assessment that the appeal is frivolous and without merit.3

Accordingly, we affirm the judgment of th e trial court and grant counsel’s
motion to withdraw

. 1 Attorney Amy Ngo Lacy must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of the notice with the Clerk of this Court. See T EX
. R. A PP
. P. 6.5(c). PER CURIAM Panel consists of Justices Keyes, Higley, and Ma ssengale

.

1 Appointed counsel still has a duty to inform appellant of the result of this ap peal and notify appellant that he may, on his own, pursue a petition for review in the Supreme Court of Texas. See In re K.D. , 127 S.W.3d 66, 68 n.3 (Tex. App.

— Houston [1st Dist.] 2003, no pet.).
ex1029.htm


Exhibit 10.29


AMENDMENT TO


EXECUTIVE EMPLOYMENT AGREEMENT












THIS AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”), dated as of November 30, 2012, is entered into by and between Anchor Funding Services, Inc., a Delaware corporation (together with its subsidiaries, the “Company”), and Morry Rubin (the “Employee”).







W I T N E S S E T H:







WHEREAS, the Employee and the Company entered into an Employment Agreement dated as of January 31, 2007 (the “Employment Agreement”) for Employee to serve the Company as Co-Chairman and Chief Executive Officer; and







WHEREAS, the Company and Employee desire to amend the Employment Agreement so that Mr. Rubin will continue to devote such time as is necessary for the performance of his duties.







NOW THEREFORE in consideration of the mutual benefits to be derived from this Amendment, the Company and the Employee hereby agree as follows:







1.           Section 1(b) of the Employment Agreement is hereby deleted and replaced with the following language:







“(b)           The Employee shall be required to devote such time as is necessary to the business and affairs of the Company (other than during vacations and periods of illness or incapacity) as is necessary for the performance of his duties. Notwithstanding the foregoing, the Employee shall be permitted to:  (i) serve as a director of any organization or entity that does not result in a violation of Section 5; (ii) deliver lectures or fulfill speaking engagements; or (iii) make and manage passive investments and engage in charitable and community activities but only if such services and activities do not interfere with the performance of his duties and responsibilities under this Agreement.”







2.           The Employment Agreement, as amended herein, contains the entire agreement between the Company and the Employee with respect to the subject matter thereof.  The Employment Agreement as amended herein may not be amended, waived, changed, modified or discharged except by an instrument in writing executed by or on behalf of the party against whom enforcement of any amendment, waiver, change, modification or discharge is sought.  No course of conduct or dealing shall be construed to modify, amend or otherwise affect any of the provisions of the Employment Agreement as amended herein.












IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first above written.









	 	 
COMPANY:

	 
	 	 	 
	 	ANCHOR FUNDING SERVICES, INC.	 
	 	 	 
	 	 	 	 
	
 

	
By: 

	/s/ Brad Bernstein   	 
	 	 	Brad Bernstein, President	 
	 	 	 	 
	 	 	 	 












	 	 
EMPLOYEE:

	 
	 	 	 	 
	
 

	
By: 

	/s/ Morry F. Rubin 	 
	 	 	 
Morry F. Rubin
#### Gina P., Respondent, v Stephen S., Appellant.

[776 NYS2d 266]

*334Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about March 27, 2003, which denied respondent’s motion to vacate an order of filiation entered upon default, unanimously affirmed, without costs.

The order of filiation was entered upon respondent’s failure to appear at the hearing on the paternity petition. Respondent then moved to vacate the order of filiation, which motion was granted to the extent of directing a hearing on the reliability of the DNA test showing a 99.99% probability of respondent’s paternity. After the hearing, Family Court refiised to vacate the order of filiation, finding that even if the test were given the best possible reading from respondent’s point of view, there was still a 95% probability of his paternity. We reject respondent’s argument that Family Court “culled” from his expert’s testimony “an artificial 95% probability of paternity,” i.e., the minimum probability that can support a presumption of paternity (Family Ct Act § 532 [a]). The expert’s testimony was clear that flaws in the test report, while significant, could be factored into the calculation of probability to yield a reliable result. In addition, respondent admitted that he had intercourse with petitioner during the likely period of conception, and, although respondent’s evidence that petitioner had intercourse with other men during this period was at best speculative *(see*Family Ct Act § 531), the presumption of paternity created by the test result would not have been rebutted even if she did *(see Matter of Commissioner of Social Servs. v Corey A.,*239 AD2d 286 [1997]). Nor is a break in the chain of custody indicated by the fact that the sample collector certified on February 1 that she drew, collected, packaged and sealed the samples on February 2. Respondent offered no evidence on this discrepancy at the hearing, which, on this record, appears to be a simple clerical mistake. In any event, respondent also failed to show a reasonable excuse for his failure to appear at the hearing on petitioner’s application (22 NYCRR 202.27 [a]; *see Matter of Maynard v Cody,*282 AD2d 537 [2001]). Under the circumstances, including respondent’s many other failures to appear on scheduled court dates, the entry of an order of filiation on default would have been appropriate even if the DNA test result were unreliable. Concur—Nardelli, J.P., Lerner, Friedman and Gonzalez, JJ.
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#### Provincial Refining Company Limited et al., Appellants, v Kleinwort Benson, Ltd., et al., Respondents.

— Order and judgment, Supreme Court, New York County, entered on October 14, 1977, and October 20, 1977, respectively, unanimously affirmed for the reasons stated by Gomez, J., at Special Term. Respondents shall recover of appellants $75 costs and disbursements of this appeal. Concur — Fein, J. P., Sullivan, Lane, Markewich and Silverman, JJ.
#### Margherita M. Morgante, Respondent, v. Calogero Morgante, Appellant.

Interlocutory judgment of the Supreme Court, Queens County, dated December 22, 1965, reversed, on the law and the facts and in the exercise of discretion, without costs, and new trial granted. In our opinion, the judgment is against the weight of the credible evidence. Beldock, P. J., Ughetta, Brennan and Hopkins, J J., concur; Rabin, J., dissents and votes to affirm the judgment.
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