sc13g

0000950134-06-000477.txt : 20060113 0000950134-06-000477.hdr.sgml : 20060113 20060112190403 ACCESSION NUMBER: 0000950134-06-000477 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20060113 DATE AS OF CHANGE: 20060112 GROUP MEMBERS: TIMOTHY G EWING SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: COMMUNITY BANCSHARES INC /DE/ CENTRAL INDEX KEY: 0000752195 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 630868361 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-41163 FILM NUMBER: 06528002 BUSINESS ADDRESS: STREET 1: MAIN ST P O BOX 1000 CITY: BLOUNTSVILLE STATE: AL ZIP: 35031 BUSINESS PHONE: 2054291000 MAIL ADDRESS: STREET 1: MAIN STREET PO BOX 1000 CITY: BLOUNTSVILLE STATE: AL ZIP: 35031 FORMER COMPANY: FORMER CONFORMED NAME: BLOUNTSVILLE BANCSHARES INC DATE OF NAME CHANGE: 19860602 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: EWING & PARTNERS CENTRAL INDEX KEY: 0001056612 IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 4514 COLE AVENUE SUITE 808 CITY: DALLAS STATE: TX ZIP: 75205 BUSINESS PHONE: 2145222100 MAIL ADDRESS: STREET 1: 4514 COLE AVENUE SUIE 808 CITY: DALLAS STATE: TX ZIP: 75205 SC 13G 1 d31998sc13g.htm SCHEDULE 13G sc13g

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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13G

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

COMMUNITY BANCSHARES, INC.

(Name of Issuer)

Common Stock, par value $.10 per share

(Title of Class of Securities)

20343H106

(CUSIP Number)

January 27, 2005

(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

o Rule 13d-1 (b)

þ Rule 13d-1 (c)

o Rule 13d-1 (d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the notes).

Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

13G

CUSIP No. 20343H106

1. Name of Reporting Person:
Ewing & Partners, 75-2741747 I.R.S. Identification Nos. of above persons (entities only):

2. Check the Appropriate Box if a Member of a Group:

(a) o

(b) o

3. SEC Use Only:

4. Citizenship or Place of Organization:
Texas

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With

5. Sole Voting Power:
0

6. Shared Voting Power:
764,662

7. Sole Dispositive Power:
0

8. Shared Dispositive Power:
764,662

9. Aggregate Amount Beneficially Owned by Each Reporting Person:
764,662

10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares:
o

11. Percent of Class Represented by Amount in Row (9):
8.8%

12. Type of Reporting Person:
PN

* SEE INSTRUCTIONS BEFORE FILLING OUT

13G

CUSIP No. 20343H106

1. Name of Reporting Person:
Timothy G. Ewing I.R.S. Identification Nos. of above persons (entities only):

2. Check the Appropriate Box if a Member of a Group:

(a) o

(b) o

3. SEC Use Only:

4. Citizenship or Place of Organization:
United States of America

Number of
Shares
Beneficially
Owned by
Each Reporting
Person With

5. Sole Voting Power:
53,372

6. Shared Voting Power:
764,662

7. Sole Dispositive Power:
53,372

8. Shared Dispositive Power:
764,662

9. Aggregate Amount Beneficially Owned by Each Reporting Person:
818,034

10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares:
o

11. Percent of Class Represented by Amount in Row (9):
9.4%

12. Type of Reporting Person:
IN

* SEE INSTRUCTIONS BEFORE FILLING OUT

SCHEDULE 13G

This Schedule 13G (the “Schedule 13G”) is being filed on behalf of Ewing & Partners, a Texas general partnership (“Ewing & Partners”), and Mr. Timothy Ewing, principal of Ewing & Partners.

This Schedule 13G relates to the Common Stock, $0.10 par value (the “Common Shares”), of Community Bancshares, Inc., purchased by Ewing & Partners for the account of (i) Endurance Partners, L.P. (“Endurance Fund”), of which Ewing & Partners acts as investment advisor, and (ii) Endurance Partners (Q.P.), L.P (“Endurance Qualified”), for which Ewing & Partners acts as investment advisor.


Item 1(a)		Name of Issuer.

		Community Bancshares, Inc.

Item 1(b)		Address of Issuer’s Principal Executive Offices.

		Main St. P.O. Box 1000 Blountsville, Alabama 35031

Item 2(a)		Name of Person Filing.

		Ewing & Partners and Timothy Ewing

Item 2(b)		Address of Principal Business Office, or, if none, Residence.

		4514 Cole Avenue, Suite 808 Dallas, Texas 75205

Item 2(c)		Citizenship or Place of Organization.

		Ewing & Partners is a Texas general partnership and Timothy Ewing is the principal of Ewing & Partners and is a United States citizen.

Item 2(d)		Title of Class of Securities.

		Common Stock, $0.10 par value

Item 2(e)		CUSIP Number.

		20343H106

Item 3		Reporting Person.

		Inapplicable.


Item 4	Ownership.

	(a)	Ewing & Partners and Mr. Ewing are the beneficial owners of 818,034 Common Shares.

	(b)	Ewing & Partners and Mr. Ewing are the beneficial owners of 9.4% of the outstanding Common Shares. This percentage is determined by dividing 818,034 by 8,680,415, the number of Common Shares issued and outstanding as of October 19, 2005, as reported in the Issuer’s Form 10-Q filed with the Securities Exchange Commission November 14, 2005.

	(c)	Ewing & Partners has the sole power to vote and dispose of the 764,662 Common Shares beneficially owned by it. As the principal of Ewing, Mr. Ewing may direct the vote and disposition of the 818,034 Common Shares beneficially owned by Ewing & Partners and those Common Shares that he owns individually.

Item 5	Ownership of Five Percent or Less of a Class.

	Inapplicable.

Item 6	Ownership of More Than Five Percent on Behalf of Another Person.

	Inapplicable.

Item 7	Identification and Classification of the Subsidiary which Acquired the Security Being Reported On by the Parent Holding Company.

	Inapplicable.

Item 8	Identification and Classification of Members of the Group.

	Inapplicable.

Item 9	Notice of Dissolution of Group.

	Inapplicable.

Item 10	Certification.

	By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.


Exhibits		Exhibit 1

		Joint Filing Agreement dated January 12, 2006, between Ewing & Partners and Timothy Ewing.

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: January 12, 2006


		Ewing & Partners
		By:		/s/ Timothy G. Ewing

				Timothy G. Ewing, Managing Partner

		/s/ Timothy G. Ewing

		Timothy G. Ewing

EX-99.1 2 d31998exv99w1.htm JOINT FILING AGREEMENT exv99w1

EXHIBIT 1

JOINT FILING AGREEMENT

In accordance with Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended, the undersigned agree to the joint filing on behalf of each of them of a Statement on Schedule 13G (including any and all amendments thereto) with respect to the Shares of Common Stock, $0.10 par value per share, of Community Bancshares, Inc., and further agree that this Joint Filing Agreement shall be included as an Exhibit to such joint filings.

The undersigned further agree that each party hereto is responsible for the timely filing of such Statement on Schedule 13G and any amendments thereto, and for the accuracy and completeness of the information concerning such party contained therein; provided, however, that no party is responsible for the accuracy or completeness of the information concerning any other party, unless such party knows or has reason to believe that such information is inaccurate.

This Joint Filing Agreement may be signed in counterparts with the same effect as if the signature on each counterpart were upon the same instrument.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of January 12, 2006.


	Ewing & Partners
	By:	/s/ Timothy G. Ewing
		Timothy G. Ewing, Managing Partner



	/s/ Timothy G. Ewing
	Timothy G. Ewing


13G
CUSIP No. 20343H106

	1.	Name of Reporting Person: Ewing & Partners, 75-2741747			I.R.S. Identification Nos. of above persons (entities only):

	2.	Check the Appropriate Box if a Member of a Group:
		(a)	o
		(b)	o

	3.	SEC Use Only:

	4.	Citizenship or Place of Organization: Texas

Number of Shares Beneficially Owned by Each Reporting Person With
			5.	Sole Voting Power: 0

			6.	Shared Voting Power: 764,662

			7.	Sole Dispositive Power: 0

			8.	Shared Dispositive Power: 764,662

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person: 764,662

	10.	Check if the Aggregate Amount in Row (9) Excludes Certain Shares: o

	11.	Percent of Class Represented by Amount in Row (9): 8.8%

	12.	Type of Reporting Person: PN


13G
CUSIP No. 20343H106

	1.	Name of Reporting Person: Timothy G. Ewing			I.R.S. Identification Nos. of above persons (entities only):

	2.	Check the Appropriate Box if a Member of a Group:
		(a)	o
		(b)	o

	3.	SEC Use Only:

	4.	Citizenship or Place of Organization: United States of America

Number of Shares Beneficially Owned by Each Reporting Person With
			5.	Sole Voting Power: 53,372

			6.	Shared Voting Power: 764,662

			7.	Sole Dispositive Power: 53,372

			8.	Shared Dispositive Power: 764,662

	9.	Aggregate Amount Beneficially Owned by Each Reporting Person: 818,034

	10.	Check if the Aggregate Amount in Row (9) Excludes Certain Shares: o

	11.	Percent of Class Represented by Amount in Row (9): 9.4%

	12.	Type of Reporting Person: IN