-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JW/qiSF4UbjGSrw6DwQE9+gsShCZchx0v3FlaC+o6c71TvvoOJ+txz87Zv97gTu9 YhpZNkKhvxM6ix2IgL0aXA== 0001144204-09-014998.txt : 20090319 0001144204-09-014998.hdr.sgml : 20090319 20090319110146 ACCESSION NUMBER: 0001144204-09-014998 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090319 DATE AS OF CHANGE: 20090319 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: VANN THOMAS A CENTRAL INDEX KEY: 0001231224 FILING VALUES: FORM TYPE: SC 13D/A MAIL ADDRESS: STREET 1: 1131 CAROLINA AVE CITY: WASHINGTON STATE: NC ZIP: 27889 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FIRST SOUTH BANCORP INC /VA/ CENTRAL INDEX KEY: 0001027183 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 561999749 STATE OF INCORPORATION: VA FISCAL YEAR END: 0907 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-52759 FILM NUMBER: 09692621 BUSINESS ADDRESS: STREET 1: 1311 CAROLINA AVE CITY: WASHINGTON STATE: NC ZIP: 27889 BUSINESS PHONE: 2529464178 MAIL ADDRESS: STREET 1: 1311 CAROLINA AVENUE CITY: WASHINGTON STATE: NC ZIP: 27889 FORMER COMPANY: FORMER CONFORMED NAME: NEWSOUTH BANCORP INC DATE OF NAME CHANGE: 19961115 SC 13D/A 1 v143396_sc13da.htm Unassociated Document
 

SECURITIES AND EXCHANGE COMMISSION
Washington, DC  20549

SCHEDULE 13D/A

Under the Securities Exchange Act of 1934
(Amendment No. 4)
 

 
First South Bancorp, Inc.

(Name of Issuer)
 
Common Stock, par value $0.01 per share

(Title of Class of Securities)
 
33646W 10 0

(CUSIP Number)
 
Thomas A. Vann
1311 Carolina Avenue
Washington, North Carolina  27889
(252) 946-4178

(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
 
September 19, 2008

(Date of Event which Requires Filing of this Statement)
 
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box. [   ]

 
Page 1 of 5 Pages

 

CUSIP No.  33646W 10 0
13D/A
Page 2 of 5 Pages
 
           
1   NAMES OF REPORTING PERSONS:
   
 
Thomas A. Vann
 
     
2   CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS):

  (a)   o 
  (b)   o 
     
3   SEC USE ONLY:
   
   
     
4   SOURCE OF FUNDS (SEE INSTRUCTIONS):
   
  PF, OO
     
5   CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e):
   
  o
     
6   CITIZENSHIP OR PLACE OF ORGANIZATION:
   
  United States of America
       
  7   SOLE VOTING POWER:
     
NUMBER OF   259,462
       
SHARES 8   SHARED VOTING POWER:
BENEFICIALLY    
OWNED BY   184,770 (1)
       
EACH 9   SOLE DISPOSITIVE POWER:
REPORTING    
PERSON   259,462
       
WITH 10   SHARED DISPOSITIVE POWER:
     
    184,770 (1)
     
11   AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON:
   
 
444,232
     
12   CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS):
   
  o
     
13   PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11):
   
 
4.56% (2)
     
14   TYPE OF REPORTING PERSON (SEE INSTRUCTIONS):
   
  IN
 
 
(1)   Consists of shares owned by the Reporting Person’s spouse.
 
(2)   Based on 9,738,096 shares outstanding on March 18, 2009.
 
Page 2 of 5 Pages

 
Securities and Exchange Commission
Washington, DC  20549
 
This Amendment No. 4 to the Schedule 13D is being filed by Thomas A. Vann (the “Reporting Person”).  This statement relates to the common stock, par value $0.01 per share (the “Common Stock”), of First South Bancorp, Inc. (the “Issuer”).  The executive office of the Issuer is located at 1311 Carolina Avenue, Washington, North Carolina  27889.

Item 5.  Interest in Securities of the Issuer.
 
This Item 5 is being amended and restated as follows:
 
 
(a)
As of the date of this Amendment No. 4 to Schedule 13D, the Reporting Person beneficially owned 444,232 shares, or 4.56% of the 9,738,096 outstanding shares of Common Stock.  Such total includes the 184,770 shares as to which the Reporting Person shares voting and dispositive power with his spouse.
 
 
(b)
The Reporting Person has sole voting and dispositive power with respect to 190,596 shares owned directly and with respect to 68,866 shares owned by the Reporting Person through his IRA. The Reporting Person shares voting and dispositive power with respect to the 184,770 shares owned by his spouse, Lee M. Vann, including 10,370 held through Mrs. Vann’s IRA. Mrs. Vann’s residence address is 923 Isabella Avenue Ext., Washington North Carolina 27889. She is not employed, has not during the last five years been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), has not in the last five years been a party to a civil proceeding of a judicial or administrative body of a competent jurisdiction and was or is not subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, Federal or State securities laws or finding any violation with respect to such laws, and is a United States citizen.
 
 
(c)
The following transactions in the Issuer’s Common Stock were effected by the Reporting Person for the period beginning 60 days prior to September 19, 2008, the date on which the Reporting Person ceased to be the beneficial owner of 5% of the Issuer’s Common Stock, to the date of this filing.

 
Page 3 of 5 Pages

 

Date of Transaction
Number of Shares
Price Per Share
Description of Transaction
8/14/2008
2,166
N/A
Acquisition -- Dividend adjustment to shares held in 401(k) Plan
8/14/2008
2,521
$18.9640
Open Market Sale
8/19/2008
1,360
18.2573
Open Market Sale
8/20/2008
33
18.2500
Open Market Sale
8/22/2008
3,618
18.0018
Open Market Sale
8/26/2008
618
17.7646
Open Market Sale
8/27/2008
33
17.7500
Open Market Sale
8/28/2008
288
17.7500
Open Market Sale
8/29/2008
100
17.7500
Open Market Sale
9/2/2008
1,538
17.7202
Open Market Sale
9/3/2008
2,437
17.6500
Open Market Sale
9/3/2008
654
18.0000
Open Market Sale
9/4/2008
124
18.0000
Open Market Sale
9/8/2008
5,000
18.0000
Open Market Sale
9/8/2008
1,676
18.2500
Open Market Sale
9/11/2008
1,200
18.0175
Open Market Sale
9/16/2008
6,000
18.0000
Open Market Sale
9/18/2008
7,480
17.8721
Open Market Sale
9/19/2008
5,320
18.5000
Open Market Sale
9/22/2008
24,320
18.0169
Open Market Sale
9/23/2008
931
17.9672
Open Market Sale
9/24/2008
200
17.6200
Open Market Sale
9/25/2008
4,549
17.7613
Open Market Sale
11/3/2008
816
14.2300
Open Market Sale
11/4/2008
1,190
14.2314
Open Market Sale
1/21/2009
2,000
10.5000
Open Market Sale
1/22/2009
5,000
10.4013
Open Market Sale
 
 
(d)
No other person is known to have the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the shares held by the Reporting Person.
 
 
(e)
If this statement is being filed to report the fact that as of the date hereof the Reporting Person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following:    x
 
 
Page 4 of 5 Pages

 

SIGNATURE

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
 

Date: March 18, 2009
/s/ Thomas A. Vann
 
Thomas A. Vann
 
 
Page 5 of 5 Pages

 

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