Exhibit 99.1

United States Bankruptcy Court

SOUTHERN District of NEW YORK

In re

E-Smart Technologies, Inc. Bankruptcy Case No. 08-14285 (ALG)

Debtor.

Social Security No.:

Employer Tax I.D. No.: 88-0409261

SUMMONS TO DEBTOR IN INVOLUNTARY CASE

To the above named Debtor:

A petition under title 11, United States Code was filed against you on 10/30/2003 in this Bankruptcy Court, requesting an order for relief under Chapter 7 of the Bankruptcy Code (title 11 of the United States Code.)

YOU ARE SUMMONED and required to submit to the Clerk of the Bankruptcy Court, a motion or answer (attorneys should file online) to the petition within 20 days after the service of this summons. A copy of the petition is attached.

Address of the Clerk: United States Bankruptcy Court One Bowling Green New York, New York 10004 www.nysb.uscourts.gov

At the same time, you must also serve a copy of the motion or answer upon the petitioner’s attorney

Name and Address of Petitioner’s Attorney

Bruce D. Atherton

Bruce D. Atherton & Associates, PLLC

1450 Starks Bldg, 455 S. 4th St, Louisville, KY 40202

If you make a motion, your time to answer is governed by Federal Rule of Bankruptcy Procedure 1011 (c). If you fail to respond to this Summons, an order for relief will be entered. Information on electronic case filing procedures is attached

Clerk of the Bankruptcy Court

Date By: Deputy Clerk

*Set forth all names, including trade names, used by the debtor within the last 6 years. (Federal Rule of Bankruptcy Procedure 1005). For joint debtors, set forth both social security numbers.

B 5 (Official Form 5) (12/07)

UNITED STATES BANKRUPTCY COURT

INVOLUNTARY

Southern District of New York PETITION

IN RE (Name of Debtor— If Individual: Last, First, Middle) ALL OTHER NAMES used by debtor in the last 8 years

(Include married, maiden, and trade names)

E-Smart Technologies, Inc.

Last four digits of Social-Security or other Individual’s Tax-ID No./Complete EIN

(If more than one, state all):

88-0409261 STREET ADDRESS OF DEBTOR (No. and street, city, state, and zip code) MAILING ADDRESS OF DEBTOR (If different from street address)

526 West 26th Street, Suite 710 New York, New York 10001

COUNTY OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS

New York ZIP CODE ZIP CODE

10001

LOCATION OF PRINCIPAL ASSETS OF BUSINESS DEBTOR (If different from previously listed addresses)

CHAPTER OF BANKRUPTCY CODE UNDER WHICH PETITION IS FILED

Chapter 7 Chapter 11

INFORMATION REGARDING DEBTOR (Check applicable boxes)

Nature of Debts Type of Debtor Nature of Business

(Check one box ) (Form of Organization) (Check one box)

Individual (Includes Joint Debtor) Health Care Business

Petitioners believe: Corporation (Includes LLC and LLP) Single Asset Real Estate as defined in 11 U.S.C. § 101(51)(B)

Debts are primarily consumer debts Partnership

Railroad

Other (If debtor is not one of the above entities, check this box and state type of entity below.) Stockbroker Debts are primarily business debts Commodity Broker

Clearing Bank Other

VENUE FILLING FEE (check one box)

Debtor has been domiciled or has had a residence, principal place of business, or principal assets in the District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days that in any other District. A bankruptcy case concerning debtor’s affiliate, general partner or partnership is pending in the District. Full Filling Fee attached Petitioner is a child support creditor or its representative, and the form specified in § 304(g) of the Bankruptcy Reform Act of 1994 is attached (If a child support creditor or its representative is a petitioner, and if the petitioner files the form specified in § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required.)

PENDING BANKRUPTCY CASE FILED BY OR AGAINST ANY PARTNER OR AFFILIATE OF THIS DEBTOR (Report information for any additional cases on attached sheets.)

Name of Debtor Case Number Date

Relationship District Judge

ALLEGATIONS

(Check applicable boxes) COURT USE ONLY

1. Petitioner(s) are eligible to file this petition pursuant to 11 U.S.C. § 303 (b).

2. The debtor is person against whom an order for relief may be entered under title 11 of the United States Code.

3a. The debtor is generally not paying such debtor’s debts as they become due, unless such debts are the subject of a bona fide dispute as to liability or amount; or

b. Within 120 days preceding the filing of this petition, a custodian, other than a trustee receiver, or agent appointed or authorized to take charge of less than substantially all of the property of the debtor for the purpose of enforcing a lien against such property, was appointed or took possession.

B 5 (Official Form 5) (12/07) – Page 2

Name of Debtor E-Smart Technologies,

Case No. 08-14285

TRANSFER OF CLAIM

Check this box if there has been a transfer of any claim against the debtor by or to any petitioner. Attach all documents that

evidence the transfer and any statements that are required under Bankruptcy Rule 1003(a).

REQUEST FOR RELIEF

Petitioner(s) request that an order for relief be entered against the debtor under the chapter of title 11, United Stales Code, specified in this petition. If any petitioner is a foreign representative appointed in a foreign proceeding, a certified copy of the order of the court granting recognition is attached

Petitioner(s) declare under penalty of perjury that the foregoing is true and correct according to the best of their knowledge, information, and belief.

x /s/ Anthony R. Russo, President

Signature of Petitioner or Representative (State title)

Russo Corporation

Name of Petitioner

10/14/2008

Date Signed

Name & Mailing

Address of Individual

Signing in Representative

Capacity

Russo Corporation

720 Milton Road No. 1

Rye, New York 10580

x /s/ Richard W. Lucas, C.P.A.

Signature of Petitioner or Representative (State title)

Richard W. Lucas, C.P.A

Name of Petitioner

10/14/2008

Date Signed

Name & Mailing

Address of Individual

Signing in Representative

Capacity

Richard W. Lucas

47 Hoffman Lane

Blauvelt, N.Y. 10913

x /s/ Anthony R. Russo

Signature of Petitioner or Representative (State title)

Anthony R. Russo

Name of Petitioner

10/14/2008

Date Signed

Name & Mailing

Address of Individual

Signing in Representative

Capacity

Anthony R. Russo

720 Milton Road No. 1

Rye, New York 10580

x /s/ Bruce D. Atherton

Signature of Attorney

11/03/2008

Date

Bruce D. Atherton & Associates, PLLC

Name of Attorney Firm (If any)

1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202

Address

(502) 595-8500

Telephone No.

x /s/ Bruce D. Atherton

Signature of Attorney

11/03/2008

Date

Bruce D. Atherton & Associates, PLLC

Name of Attorney Firm (If any)

1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202

Address

(502) 595-8500

Telephone No.

x /s/ Bruce D. Atherton

Signature of Attorney

11/03/2008

Date

Bruce D. Atherton & Associates, PLLC

Name of Attorney Firm (If any)

1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202

Address

(502) 595-8500

Telephone No.

PETITIONING CREDITORS

Name and Address of Petitioner

Russo Corp., 720 Milton #1 Rye, N.Y. 10580

Nature of Claim

Services Rendered

Amount of Claim

291,508.00

Name and Address of Petitioner

Richard W. Lucas, 47 Hoffman Ln., Blauvelt, N.Y. 10913

Nature of Claim

Services Rendered

Amount of Claim

22,500.00

Name and Address of Petitioner

Anthony R. Russo, 720 Milton Rd. #1, Rye, N.Y. 10580

Nature of Claim

Testifying Expenses

Amount of Claim

10,822.00

Note: If there are more than three petitioners, attach additional sheets with the statement under penalty of perjury, each petitioner’s signature under the statement and the name of attorney and petitioning creditor information in the format above.

continuation sheets attached

Total Amount of Petitioners’ Claims

B 5 (Official Form 5) (12/07) – Page 2 Name of Debtor E-Smart Technologies

Case No. 08-14285

TRANSFER OF CLAIM

Check this box if there has been a transfer of any claim against the debtor by or to any petitioner. Attach all documents that

evidence the transfer and any statements that are required under Bankruptcy Rule 1003(a).

REQUEST FOR RELIEF

Petitioner(s) request that an order for relief be entered against the debtor under the chapter of title 11, United States Code, specified in this petition. If any petitioner is a foreign representative appointed in a foreign proceeding, a certified copy of the order of the court granting recognition is attached.

Petitioner(s) declare under penalty of perjury that the foregoing is true and correct according to the best of their knowledge, information, and belief.

x /s/ Roger Rosenberg, President x /s/ Bruce D. Atherton 11/03/2008

Signature of Petitioner or Representative (State title) Signature of Attorney Date

Corporate Finance Consultancy Bruce D. Atherton & Associates, PLLC

Name of Petitioner Date Signed Name of Attorney Firm (If any)

1450 Starks Bldg. 455 S. 4th St., Louisville, KY 40202

Name & Mailing Roger Rosenberg Address

Address of Individual 16923 East Dorado PI (502)595-8500

Signing in Representative Centennial, CO 80015 Telephone No. Capacity

x x

Signature of Petitioner or Representative (State title) Signature of Attorney Date

Name of Petitioner Date Signed Name of Attorney Firm (If any)

Name & Mailing Address

Address of Individual

Signing in Representative Telephone No.

Capacity x x

Signature of Petitioner or Representative (State title) Signature of Attorney Date

Name of Petitioner Date Signed Name of Attorney Firm (If any)

Name & Mailing Address

Address of Individual

Signing in Representative Telephone No.

Capacity

PETIT1ONING CREDITORS

Name and Address of Petitioner Nature of Claim Amount of Claim

Corp.Fin.Consult.16923 E.Dorado PI. Centennial CO 80015 Services Rendered 48,750.00

Name and Address of Petitioner Nature of Claim Amount of Claim

Name and Address of Petitioner Nature of Claim Amount of Claim

Note: If there are more than three petitioners, attach additional sheets with the statement under Total Amount of Petitioners’

penalty of perjury, each petitioner’s signature under the statement and the name of attorney Claims 373,580.00

and petitioning creditor information in the formal above.

continuation sheets attached