-----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, Q9SrcQzJ6xFWMZtMxGf1kuOUePKqlXNQKCDiQERuLyv+nZeuu/hAd9UnKl+8o//n Mw5OW+n18FyBpLyonvHEaw== 0000950144-02-002236.txt : 20020415 0000950144-02-002236.hdr.sgml : 20020415 ACCESSION NUMBER: 0000950144-02-002236 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20020312 GROUP MEMBERS: CHRISTY C. CHANDLER GROUP MEMBERS: CORR, INC. FKA ONEONTA TELEPHONE COMPANY, INC. GROUP MEMBERS: DORIS S. CORR GROUP MEMBERS: JOAN M. CURRIER GROUP MEMBERS: JOHN DAVID CURRIER, JR. GROUP MEMBERS: JOHN DAVID CURRIER, SR. GROUP MEMBERS: TINA M. CORR 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 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-41163 FILM NUMBER: 02573467 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: CORR BRYAN A CENTRAL INDEX KEY: 0001072560 IRS NUMBER: 630373495 STATE OF INCORPORATION: AL FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: P.O BOX 1500 CITY: ONEONTA STATE: AL ZIP: 35121 BUSINESS PHONE: 2056253581 SC 13D/A 1 g74600sc13da.txt COMMUNITY BANCSHARES, INC. SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 ---------- SCHEDULE 13D (RULE 13d-101) INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULE 13d-1(A) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(A) (AMENDMENT NO. 4)(1) COMMUNITY BANCSHARES, INC. - -------------------------------------------------------------------------------- (Name of Issuer) Common Stock, par value $.10 per share - -------------------------------------------------------------------------------- (Title of Class of Securities) 20343H 10 6 (CUSIP Number) J. Fred Kingren, Esq. Feld, Hyde, Lyle, Wertheimer & Bryant, P.C. 2000 SouthBridge Parkway, Suite 500 Birmingham, Alabama 35209 (205) 802-7575 - -------------------------------------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) March 7, 2002 - -------------------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) If the Reporting Person has previously filed a Statement on Schedule 13G to report the acquisition that is the subject of this Statement on Schedule 13D, and is filing this Statement on Schedule 13D because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box. [ ] Note: Statements on Schedule 13D filed in paper format shall include a signed original and five copies of the Statement on Schedule 13D, including all exhibits. See Rule 13d-7(b) for other parties to whom copies are to be sent. (Continued on following pages) (Page 1 of 14 Pages) - --------------- (1) The remainder of this Cover Page shall be filled out for the Reporting Person's initial filing of this Statement on Schedule 13D with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior Cover Page. The information required on 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 (the "Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act. CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 2 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Doris S. Corr - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER 160,356 Shares NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 161,816 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING 160,356 Shares PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 161,816 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 322,172 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 7.0% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 3 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Bryan A. Corr, Sr. - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER 14 Shares NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 192,191 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING 14 Shares PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 192,191 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 192,205 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 4.2% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 4 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Tina M. Corr - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER None NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 18,334 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING None PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 18,334 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 18,334 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .4% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 5 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Joan M. Currier - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER None NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 18,334 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING None PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 18,334 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 18,334 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .4% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 6 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) John David Currier, Sr. - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER None NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 7,880 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING None PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 7,880 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 7,880 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .2% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 7 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Christy C. Chandler - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER 10,454 Shares NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY None OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING 10,454 Shares PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER None ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 10,454 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .2% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 8 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) John David Currier, Jr. - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States of America - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER 10,454 Shares NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY None OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING 10,454 Shares PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER None ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 10,454 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) .2% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 9 OF 14 PAGES (1) NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) Corr, Inc. (f/k/a Oneonta Telephone Company, Inc.) - -------------------------------------------------------------------------------- (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [X] (b) [ ] - -------------------------------------------------------------------------------- (3) SEC USE ONLY - -------------------------------------------------------------------------------- (4) SOURCE OF FUNDS Not Applicable - -------------------------------------------------------------------------------- (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(d) OR 2(e) [ ] - -------------------------------------------------------------------------------- (6) CITIZENSHIP OR PLACE OF ORGANIZATION State of Alabama - -------------------------------------------------------------------------------- (7) SOLE VOTING POWER None NUMBER OF ----------------------------------------------------- SHARES (8) SHARED VOTING POWER BENEFICIALLY 120,000 Shares OWNED BY ----------------------------------------------------- EACH (9) SOLE DISPOSITIVE POWER REPORTING None PERSON WITH ----------------------------------------------------- (10) SHARED DISPOSITIVE POWER 120,000 Shares ----------------------------------------------------- (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 120,000 Shares - -------------------------------------------------------------------------------- (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES [ ] - -------------------------------------------------------------------------------- (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 2.6% - -------------------------------------------------------------------------------- (14) TYPE OF REPORTING PERSON CO - -------------------------------------------------------------------------------- CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 10 OF 14 PAGES INTRODUCTORY NOTE This Amendment No. 4 to Statement on Schedule 13D (this "Amendment No. 4") is filed with the Securities and Exchange Commission ("SEC" or the "Commission") by Doris S. Corr, Bryan A. Corr, Sr., Tina M. Corr, Joan M. Currier, John David Currier, Sr., Christy C. Chandler (f/k/a Christina M. Currier), John David Currier, Jr. and Corr, Inc. (f/k/a Oneonta Telephone Company, Inc.), as joint filers (individually, a "Reporting Person", and, collectively, the "Reporting Persons"), with respect to the shares of the Common Stock, par value $ .10 per share ("Common Stock"), of Community Bancshares, Inc., a Delaware corporation (the "Issuer"). This Amendment No. 4 amends Items 2, 4, 5, 6 and 7 of the Statement on Schedule 13D filed by R. C. Corr, Jr. and each of the Reporting Persons, as joint filers, on November 3, 1998 (the "Original Filing"), and Amendment Nos. 1, 2 and 3 thereto filed by R. C. Corr, Jr., each of the Reporting Persons, and certain other persons, as joint filers, on December 31, 1998, March 22, 1999, and March 17, 2000, respectively. R.C. Corr, Jr., who was included as a Reporting Person in the Original Filing and Amendment Nos. 1, 2 and 3 thereto, died on June 22, 2001. All of the shares of Common Stock owned by R.C. Corr, Jr. on the date of his death are now owned by his widow, Doris S. Corr. The Reporting Persons are filing this Amendment No. 4 because they may be deemed a "group" for purposes of Section 13(d)(3) of the Securities Exchange Act of 1934, as amended, although each of the Reporting Persons disclaims any membership in, and the existence of, such a group other than the group which has been previously reported and is now comprised of Doris S. Corr, Bryan A. Corr, Sr., Tina M. Corr, Joan M. Currier, John David Currier, Sr., Christy C. Chandler, John David Currier, Jr. and Corr, Inc. Neither the filing of this Amendment No. 4 nor any statement contained herein shall be deemed to be an admission by any of the Reporting Persons that any other group exists. Information with respect to each of the Reporting Persons is given solely by such Reporting Person, and no Reporting Person assumes responsibility for the accuracy or completeness of information furnished by another Reporting Person. By executing this Amendment No. 4, each of the Reporting Persons agrees that this Amendment No. 4 is filed on behalf of such Reporting Person. ITEM 2. IDENTITY AND BACKGROUND. Certain information with respect to each of the Reporting Persons is set forth on Schedule I, which is attached hereto and incorporated herein by reference. During the past five years, none of the Reporting Persons has been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), nor has any of the Reporting Persons been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and, as a result of such proceeding, was or is 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. Each of the Reporting Persons, with the exception of Corr, Inc., is a citizen of the United States of America. Corr, Inc. is an Alabama corporation. ITEM 4. PURPOSE OF TRANSACTION. As previously reported, on January 31, 2000, R. C. Corr, Jr. and each of the Reporting Persons entered into a Standstill Agreement with the Issuer (the "Standstill Agreement"). The Standstill Agreement was entered into for the purpose of establishing a course of conduct between the parties thereto in order that a means might be negotiated and implemented by which R. C. Corr, Jr. and certain of the Reporting Persons might sell, transfer, exchange or otherwise CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 11 OF 14 PAGES dispose of all of the shares of the Common Stock owned or held by them. The Standstill Agreement prohibited R. C. Corr, Jr. and certain of the Reporting Persons thereto from taking certain actions, including (i) any acquisition, purchase or ownership of any shares of Common Stock, any other securities issued by or any assets of the Issuer or any of its subsidiaries; (ii) any solicitation of proxies or consents to vote any shares of Common Stock or other securities of the Issuer; and (iii) acting alone, or in concert with others, to seek control of or to influence the management, Board of Directors or policies of the Issuer. The Reporting Persons do not believe that any meaningful discussions with the Issuer occurred following the execution and delivery of the Standstill Agreement. On July 26, 2000, the Issuer filed a Current Report on Form 8-K with the SEC in which the Issuer disclosed certain ongoing internal investigations as well as its belief that other investigations by bank regulatory agencies and law enforcement authorities were being conducted. The Standstill Agreement terminated pursuant to its terms on July 31, 2000, with no agreement having been reached by the parties thereto with respect to a course of conduct for R. C. Corr, Jr. and certain of the Reporting Persons to sell, transfer, exchange or otherwise dispose of all of the shares of the Common Stock owned or held by them. Since the termination of the Standstill Agreement, the Issuer has continued to report information regarding the pending investigations. The Issuer's Quarterly Report on Form 10-Q for the Quarterly Period Ended September 30, 2001, disclosed that certain investigations are ongoing and certain lawsuits in addition to those described in this Item 4 are pending. On September 14, 2000, a lawsuit now styled Estate of R. C. Corr, Jr.; Doris S. Corr; Bryan A. Corr, Sr.; Tina M. Corr; Joan M. Currier; John David Currier; and Corr, Inc. f/k/a Oneonta Telephone Company, Inc. v. Kennon R. Patterson, Sr.; Kennon R. Patterson, Jr.; Glynn Debter; Stacey Mann; Merritt Robbins; Bishop K. Walker, Jr.; Roy B. Jackson; Loy McGruder; Robert O. Summerford; Denny G. Kelly; Jimmie Trotter; John J. Lewis, Jr.; Hodge Patterson; Edward Ferguson; Community Bancshares, Inc.; Community Bank, Inc., et al., Civil Action No. CV-00-216-OHJ, was filed in the Circuit Court of Blount County, Alabama. In this lawsuit, the plaintiffs, which include certain of the Reporting Persons, allege that certain actions and omissions of the defendants, which consist of the Issuer, its principal subsidiary and certain members of the Board of Directors of such entities, resulted in the siphoning off of corporate income and assets which in turn resulted in deprivation of the plaintiffs of their just share of corporate income and gains. The actions and omissions of the defendants are alleged to include the payment to Directors of exorbitant salaries and bonuses, improper payments to Directors' relatives, unreasonable payments under contracts between the Issuer and its subsidiaries and certain of the defendants or to entities controlled by certain of the defendants or their relatives, and improper rental agreements for property leased by the Issuer and its subsidiaries from certain of the defendants. See Exhibit 1 attached to this Amendment No. 4, which is hereby incorporated herein by reference. On October 13, 2000, a lawsuit now styled Doris Corr, individually and as Personal Representative of the Estate of R.C. Corr, Jr., v. Hugh Don Camp, Sr., Don T. Camp, Community Bancshares, Inc., Kennon R. Patterson, Sr., Denny G. Kelly, Bishop K. Walker, et al, Civil Action No. CV-00-260-OHJ, was filed in the Circuit Court of Blount County, Alabama. In this lawsuit, the plaintiffs allege that the defendants, which consist of Hugh Don Camp, Sr., his son, the Issuer, its principal subsidiary and certain of its officers and Directors, breached or induced Hugh Don Camp, Sr. to breach a contract between him and the plaintiffs for the purchase of 100,000 shares of Common Stock owned by him, and that the defendants entered into an illegal conspiracy to tortiously interfere with such contract. All of the shares of Common Stock to have been purchased in this transaction were to have been held of record by R.C. Corr, Jr. and Doris S. Corr, as joint tenants with right of survivorship, but Doris S. Corr, individually and as personal representative of the Estate of R.C. Corr, Jr., does not beneficially own any of such shares of Common Stock presently. Other than the 100,000 shares of Common Stock which are the subject of this lawsuit and as to which the plaintiffs have asked the Circuit Court to enforce the contract to purchase, the Reporting Persons have no present intention of purchasing any additional shares of Common Stock. On November 6, 2001, a lawsuit styled Community Bancshares, Inc. and Community Bank v. Bryan A. Corr, Sr., Doris S. Corr, individually and as Executrix of the Estate of R.C. Corr, Jr., deceased, Tina M. Corr, Corr, Inc. f/k/a Oneonta Telephone Company, Inc., George Melvin Barnett, Michael A. Bean, Michael W. Alred, R. Wayne Washam, M. Lewis Benson, Doris E. Benson, John M. Packard, Jr., and Andy Mann, Civil Action No. CV-01-N-2835-S, was filed in the United States District Court for the Northern District of Alabama, Southern Division. As reported in the Issuer's Quarterly Report on Form 10-Q for the CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 12 OF 14 PAGES Quarterly Period Ended September 30, 2001, the plaintiffs, which consist of the Issuer and its principal subsidiary, allege in their complaint that the defendants, which include certain of the Reporting Persons, have illegally conspired to acquire control of the Company [i.e., the Issuer] and Community Bank [i.e., the Issuer's principal subsidiary]. The complaint also alleges that, by knowingly making false statements and unsupported allegations to regulatory and law enforcement authorities and in certain lawsuits ...., the defendants abused the civil legal process to further their plan to discredit and dislodge the directors and management of the Company and Community Bank and gain control of those companies. The complaint further alleges that certain of the defendants who are former directors and/or executive officers of Community Bank breached their fiduciary duties to Community Bank by participating in, and taking actions in the furtherance of, the conspiracy. Finally, the complaint alleges that the defendants failed to make filings which are required by the Federal securities laws to disclose that the group is acting in concert to acquire control of the Company. The defendants in this lawsuit filed a motion to dismiss and the motion is currently pending. Given the ongoing investigations and pending litigation involving the Issuer, its principal subsidiary and certain of its officers and Directors, the Reporting Persons believe that a change in the Board of Directors and management of the Issuer is necessary and in the best interests of all the shareholders of the Issuer. Accordingly, in order to provide the stockholders of the Issuer with a choice, Corr, Inc. has nominated Bryan A. Corr, Sr. to fill one of the three or four vacancies on the Board of Directors that may be subject to election at the Issuer's 2002 Annual Meeting of Stockholders. The Reporting Persons have not yet determined whether they will take any additional actions with respect to Mr. Corr's nomination, including the solicitation of proxies in connection therewith. On March 7, 2002, The Birmingham News reported that the Issuer's principal subsidiary, Community Bank, Inc., "is selling a third of its branches partly because losses and lawsuits have hurt its business and representation in some towns". According to the newspaper, Community Bank, Inc. has a network of 30 branches with assets of more than $730 million and is selling 10 of those branches with assets of $125 million. In a companion article on the same day, The Birmingham News reported that the United States Attorney for the Northern District of Alabama filed a civil complaint in the United States District Court for the Northern District of Alabama, Middle Division, on February 12, 2002, to begin forfeiture proceedings to seize certain assets from the owners of a construction company targeted in a bank-fraud investigation involving Community Bank, Inc. being conducted by the Federal Bureau of Investigation ("FBI"). The U.S. Attorney alleges in the civil complaint that Kennon R. Patterson, Sr., the Chairman of the Board, Chief Executive Officer and President of the Issuer, other officials of Community Bank, Inc., and the construction company owners "were able to take advantage of a lack of oversight and poor internal controls" by Community Bank, Inc. and that Federal and state law enforcement investigators have found approximately $2 million paid to the construction company in violation of Federal law. In the civil complaint, the United States Attorney alleges that a review of the construction company's records and documents conducted as part of the FBI's investigation shows a substantial amount of overbilling by the construction company on certain construction projects of Community Bank, Inc. during the period January, 1998 through July, 2000, and that these same documents show virtually no billing by the construction company with respect to Kennon R. Patterson, Sr.'s personal residence and other structures located on the surrounding property despite extensive work being performed during the same time period. CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 13 OF 14 PAGES The Reporting Persons are concerned that the sale of one-third of the branches of the Issuer's principal subsidiary may well be based upon improper and potentially unlawful considerations as opposed to the best interests of the Company and its stockholders because of the ongoing investigations and pending litigation involving the Issuer, its principal subsidiary and certain of its officers and directors. Accordingly, on March 7, 2002, certain of the Reporting Persons made a statutory request to inspect the books and records of the Issuer that "relate in any manner to any sales or potential sales of any of the branches, operations, or offices of Community Bank, Inc. that have occurred ... or are contemplated to occur". In addition, certain of the Reporting Persons are in the process of contacting Federal and State regulatory and enforcement agencies and authorities for the purpose of advising such authorities of their concerns with respect to these sales. Except as described in this Item 4, none of the Reporting Persons has any plans or proposals as of the date hereof that relate to, or would result in, (i) the acquisition by any person of additional securities of the Issuer or the disposition of any such securities, (ii) an extraordinary corporate transaction, such as a merger, reorganization or liquidation, involving the Issuer or any of its subsidiaries, (iii) a sale or transfer of a material amount of assets of the Issuer or any of its subsidiaries, (iv) any change in the present Board or management of the Issuer, including any plans or proposals to change the number or term of Directors or to fill any existing vacancies on the Board, (v) any material change in the present capitalization or dividend policy of the Issuer, (vi) any other material change in the Issuer's business or corporate structure, (vii) changes in the Issuer's charter or Bylaws or other actions which may impede the acquisition of control of the Issuer by any person, (viii) causing a class of securities of the Issuer to be delisted from any national securities exchange or to cease to be authorized to be quoted in an inter-dealer quotation system of a registered national securities association, (ix) causing a class of equity securities of the Issuer to become eligible for termination of registration pursuant to Section 12 (g)(4) of the Exchange Act, or (x) any action similar to any of those enumerated in clauses (i) through (ix) above. ITEM 5. INTEREST IN SECURITIES OF THE ISSUER. (a), (b) The Reporting Persons beneficially own an aggregate of 383,981 shares of Common Stock, constituting approximately 8.3% of the shares of Common Stock reported by the Issuer as being outstanding on October 31, 2001. Schedule II, which is attached hereto and incorporated herein by reference, sets forth certain information with respect to the shares of Common Stock owned by each Reporting Person and the power of each Reporting Person to vote or to dispose of the shares of Common Stock owned by such Reporting Person. Each Reporting Person disclaims beneficial ownership of the shares of Common Stock beneficially owned by each of the other Reporting Persons except to the extent reflected in the notes to Schedule II. (c) Not applicable. (d) No person other than the Reporting Persons has the right to receive or the power to direct the receipt of dividends from, or the proceeds from the sale of, the shares of Common Stock beneficially owned by the Reporting Persons. (e) Not applicable. ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO SECURITIES OF THE ISSUER. There are no other contracts, arrangements, understandings or relationships (legal or otherwise) to which any of the Reporting Persons is a party with respect to any shares of Common Stock, except those discussed in Items 4 and 5 of this Amendment No. 4, which discussions are hereby incorporated herein by reference. ITEM 7. MATERIAL TO BE FILED AS EXHIBITS. 1. Complaint styled R. C. Corr, Jr; Doris S. Corr; Bryan A. Corr, Sr.; Tina M. Corr; Joan M. Currier; John David Currier; and Corr, Inc. f/k/a Oneonta Telephone Company, Inc. v. Kennon R. Patterson, Sr.; Kennon R. Patterson, Jr.; Glynn Debter; Stacey Mann; Merritt Robbins; Bishop K. Walker, Jr.; Roy B. Jackson; Loy McGruder; Robert O. Summerford; Denny G. Kelly; Jimmie Trotter; John J. Lewis, Jr.; Hodge Patterson; Edward Ferguson; Community Bancshares, Inc.; Community Bank, Inc., et al., Civil Action No. CV-00-216-OHJ, filed on September 14, 2000, in the Circuit Court of Blount County, Alabama. CUSIP NO. 20343H 10 6 13D, AMENDMENT NO. 4 PAGE 14 OF 14 PAGES SIGNATURES After reasonable inquiry and to the best of his, her or its knowledge and belief, each of the Reporting Persons does hereby certify that the information set forth in this Amendment No. 4 is true, complete and correct. Dated: March 12, 2002. DORIS S. CORR ------------------------------------- Doris S. Corr BRYAN A. CORR, SR. ------------------------------------- Bryan A. Corr, Sr. TINA M. CORR ------------------------------------- Tina M. Corr JOAN M. CURRIER ------------------------------------- Joan M. Currier JOHN DAVID CURRIER, SR. ------------------------------------- John David Currier, Sr. CHRISTY C. CHANDLER ------------------------------------- Christy C. Chandler JOHN DAVID CURRIER, JR. ------------------------------------- John David Currier, Jr. CORR, INC. (f/k/a Oneonta Telephone Company, Inc.) By: BRYAN A. CORR, SR. ------------------------------------- Bryan A. Corr, Sr. Its President and Chief Executive Officer SCHEDULE I INFORMATION RELATING TO REPORTING PERSONS
Principal Business Address of Corporation or Organization in Name and Business Present Principal Which Principal or Residence Address of Occupation of Occupation of Reporting Reporting Person Reporting Person Person is Conducted --------------------------- ----------------------------------- -------------------------- Doris S. Corr (1) Vice President, Secretary, 600 Third Avenue East 600 Third Avenue East Treasurer and a Director - Oneonta, Alabama 35121 Oneonta, Alabama 35121 Corr, Inc. (4) Bryan A. Corr, Sr. (1) (2) President, Chief Executive Officer, 600 Third Avenue East 600 Third Avenue East and a Director - Oneonta, Alabama 35121 Oneonta, Alabama 35121 Corr, Inc. (4) Employee - Corr Wireless Communications, LLC (5) Tina M. Corr (2) Employee - Corr Wireless 600 Third Avenue East 600 Third Avenue East Communications, LLC (5) Oneonta, Alabama 35121 Oneonta, Alabama 35121 Joan M. Currier (1) (3) President, Secretary, Treasurer, a 100 Fourth Avenue West 100 Fourth Avenue West Director and an Employee - Comfort Oneonta, Alabama 35121 Oneonta, Alabama 35121 Lifestyles, Inc. (6) John David Currier, Sr. (3) President, Secretary, Treasurer, a 100 Fourth Avenue West 100 Fourth Avenue West Director and an Employee - Currier Oneonta, Alabama 35121 Oneonta, Alabama 35121 Asset Management, Inc. (7) Christy C. Chandler (3) Employee - Shelby County Board 5640 Cahaba Valley Road 100 Fourth Avenue West of Education Birmingham, Alabama 35242 Oneonta, Alabama 35121 John David Currier, Jr. (3) Full-time student - Foy Student Union 100 Fourth Avenue West Auburn University Auburn, Alabama 36830 Oneonta, Alabama 35121 Corr, Inc. (4) 600 Third Avenue East (f/k/a Oneonta Telephone Oneonta, Alabama 35121 Company, Inc.) 600 Third Avenue East Oneonta, Alabama 35121
- -------------- (1) Bryan A. Corr, Sr. and Joan M. Currier are the children of R. C. Corr, Jr., who died on June 22, 2001, and Doris S. Corr. (2) Bryan A. Corr, Sr. and Tina M. Corr are spouses. (3) Joan M. Currier and John David Currier, Sr. are spouses. Christy C. Chandler and John David Currier, Jr. are the children of Joan M. Currier and John David Currier, Sr. (4) All of the outstanding shares of Corr, Inc., an Alabama corporation (f/k/a Oneonta Telephone Company, Inc.), are held by Doris S. Corr, individually and as personal representative of the Estate of R. C. Corr, Jr., and Bryan A. Corr, Sr., Doris S. Corr and Bryan A. Corr, Sr. serve Corr, Inc. in the positions indicated in this Schedule I. Corr, Inc. has no other officers or Directors. Corr, Inc. is the holding company of CWC (as hereinafter defined). (5) Corr Wireless Communications, LLC ("CWC"), an Alabama limited liability company (f/k/a North Alabama Cellular, LLC and CorrComm, LLC), is a wholly owned subsidiary of Corr, Inc. The principal business of CWC is operating, acquiring, constructing and disposing of cellular telephone systems in north Alabama. (6) The principal business of Comfort Lifestyles, Inc. is the operation of a domiciliary in Oneonta, Alabama. (7) The principal business of Currier Asset Management, Inc. is the operation of a golf course located in Oneonta, Alabama. I-2 SCHEDULE II INFORMATION RELATING TO BENEFICIAL OWNERSHIP OF SHARES OF COMMON STOCK OF THE ISSUER BY THE REPORTING PERSONS
Number and Percentage of Shares of Number of Shares of Number of Shares of Common Stock Common Stock With Common Stock With Beneficially Owned Respect to Which the Respect to Which the ------------------------------ Reporting Person Has Reporting Person Has Name of Sole Voting and Shared Voting and Reporting Person Number Percentage(1) Dispositive Power Dispositive Power ---------------------------------- ---------- ------------- -------------------- -------------------- Doris S. Corr 311,718(2)(3) 6.8% 160,356 151,362 Bryan A. Corr, Sr. 192,205(4) 4.2% 14 192,191 Tina M. Corr 40,829(5) * -- 40,829 Joan M. Currier 7,880(6) * -- 7,880 John David Currier, Sr. 7,880(7) * -- 7,880 Christy C. Chandler 10,454 * 10,454 -- John David Currier, Jr. 10,454 * 10,454 -- Corr, Inc. 120,000 2.6% -- 120,000 (f/k/a Oneonta Telephone Company, Inc.) Doris S. Corr, Bryan A. Corr, Sr., 381,349 8.3% 10,468 370,881 Tina M. Corr, Joan M. Currier, John David Currier, Sr., Christy C. Chandler, John David Currier, Jr. and Corr, Inc. as a Group
- -------------- (1) Percentages are determined on the basis of 4,608,691 shares of Common Stock reported by the Issuer as being outstanding on October 31, 2001. (2) Includes (i) 10,454 shares held as Co-custodian with Bryan A. Corr, Sr. for her minor granddaughter, Lauren M. Corr, (ii) 10,454 shares held as Co-custodian with Bryan A. Corr, Sr. for her minor granddaughter, Kelly B. Corr, (iii) 10,454 shares held as Co-custodian with Bryan A. Corr, Sr. for her minor grandson, Bryan A. Corr, Jr., and (iv) 120,000 shares held by Corr, Inc. (f/k/a Oneonta Telephone Company, Inc.). (3) Does not include 100,000 shares of Common Stock that are the subject of a lawsuit now styled Doris Corr, individually and as Personal Representative of the Estate of R.C. Corr, Jr., v. Hugh Don Camp, Sr., Don T. Camp, Community Bancshares, Inc., Community Bank, Inc., Kennon R. Patterson, Sr., Denny G. Kelly, Bishop K. Walker, et al., Civil Action No. CV-00-260-OHJ, which was filed in the Circuit Court of Blount County, Alabama on October 13, 2000. In this lawsuit, the plaintiffs allege that the defendants, which consist of Hugh Don Camp, Sr., his son, the Issuer, its principal subsidiary and certain of its officers and Directors, breached or induced Hugh Don Camp, Sr. to breach a contract between him and the plaintiffs for the purchase of 100,000 shares of Common Stock owned by him, and that the defendants entered into an illegal conspiracy to tortiously interfere with such contract. All of the shares of Common Stock to have been purchased in this transaction were to have been held of record by R.C. Corr, Jr. and Doris S. Corr, as joint tenants with right of survivorship, but Doris S. Corr, individually and as personal representative of the Estate of R.C. Corr, Jr., does not beneficially own any of such shares of Common Stock presently. (4) Includes (i) 40,829 shares held with Tina M. Corr as a joint tenant with right of survivorship and (ii) 10,454 shares held as Co-custodian with Doris S. Corr for his minor daughter, Lauren M. Corr, (iii) 10,454 shares held as Co-custodian with Doris S. Corr for his minor daughter, Kelly B. Corr, (iv) 10,454 shares held as Co-custodian with Doris S. Corr for his minor son, Bryan A. Corr, Jr., and (v) 120,000 shares held by Corr, Inc. (5) Held with Bryan A. Corr, Sr. as a joint tenant with right of survivorship. (6) Held with John David Currier, Sr. as a joint tenant with right of survivorship. (7) Held with Joan M. Currier as a joint tenant with right of survivorship. * Less than 1%. II-2 EX-1 3 g74600ex1.txt COMPLAINT FILED ON SEPTEMBER 14, 2000 EXHIBIT 1 IN THE CIRCUIT COURT OF BLOUNT COUNTY, ALABAMA R. C. CORR, JR.; DORIS J. CORR; BRYAN A. ) CORR, SR.; TINA M. CORR; JOAN M. ) CURRIER; JOHN DAVID CURRIER; and ) CORR, INC. f/k/a ONEONTA ) TELEPHONE COMPANY, INC., ) ) CIVIL ACTION Plaintiffs, ) NO. CV-00-216-OHJ ) vs. ) ) KENNON R. PATTERSON, SR., KENNON R. ) PATTERSON, JR.; GLYNN DEBTER; STACEY ) MANN; MERRITT ROBBINS; BISHOP K. ) WALKER, JR.; ROY B. JACKSON; LOY ) MCGRUDER; ROBERT O. SUMMERFORD; ) DENNY G. KELLY; JIMMIE TROTTER; ) JOHN J. LEWIS, JR.; HODGE PATTERSON; ) EDWARD FERGUSON; COMMUNITY ) BANCSHARES, INC; COMMUNITY ) BANK, INC.; and Fictitious Defendants ) A, B, C, D, E, F, G, H, I, and J ) whose true names and identities are otherwise ) unknown, but will be substituted by amendment ) when ascertained, ) ) Defendants. ) COMPLAINT PARTIES 1. The individual Plaintiffs currently reside in Blount County, Alabama and at all applicable times were minority stockholders in the Defendant Community Bancshares, Inc. 2. The Plaintiff Corr, Inc. f/k/a Oneonta Telephone Company, Inc. is an Alabama corporation headquartered in Blount County, Alabama. 3. Defendant Community Bancshares, Inc. ("Bancshares") is a Delaware corporation whose principal place of business is in Blount County, Alabama. 4. Defendant Community Bank, Inc. ("Community Bank") is an Alabama bank incorporated in Alabama that is headquartered in Blount County, Alabama. Bancshares owns one hundred percent (100%) of Community Bank's stock. (Community Bank and Bancshares are sometimes below collectively referred to as "Community.") 5. Defendant Kennon R. Patterson, Sr. is, and was at all relevant times, the Chief Executive Officer of Community. 6. Defendants Kennon R. Patterson, Sr., Kennon R. Patterson, Jr., Glynn Debter, Stacey Mann, Merritt Robbins, Bishop K. Walker, Jr., Roy B. Jackson, Loy McGruder, Robert O. Summerford, Denny G. Kelly, Jimmie Trotter, John J. Lewis, Jr., Hodge Patterson and Edward Ferguson are Directors of Community Bank and have been at all relevant times. Additionally, all of the Defendants appearing immediately above other than Jimmie Trotter, Stacey Mann and Edward Ferguson, are, and were at all relevant times, were also Directors of Bancshares. (The Defendants referenced in this paragraph are sometimes below collectively referred to as the "Director Defendants.") 7. Fictitious Defendants A, B, C, D, E, F, G, H, I and J are those persons or entities who are liable for some or all of the actions described in this Complaint but whose names at this time are unknown and who will be added by amendment once ascertained. COUNT ONE 8. Plaintiffs adopt and incorporate the averments referenced above as if fully referenced herein. 9. The Director/Fictitious Defendants owe a duty to act fairly to the Plaintiffs. 2 10. The Director/Fictitious Defendants further owe the Plaintiffs a duty to take no action or omission to deprive the Plaintiffs of their proportionate rights and powers of Community without a just equivalent. 11. Despite the above, upon information and belief, the Director/Fictitious Defendants have actively participated in (or ratified) the siphoning off of corporate income which has had the effect of depriving the Plaintiffs of income from their interests in Community and has resulted in the denial of the Plaintiffs' just share of corporate gains. 12. Upon information and belief, actions/omissions by the Director/Fictitious Defendants include, but are not limited to, the payment to Directors of exorbitant salaries and bonuses; improper payment of other funds to Director's relatives; unreasonable payments under contracts between Community and certain of the Director and/or Fictitious Defendants or to entities controlled by Directors or their relatives and by improper rental agreements for property Community leases from Directors. 13. The actions/omissions of the Director/Fictitious Defendants referenced above have resulted in damage to the Plaintiffs including, but not limited to, the reduction in the dividends paid to the Plaintiffs resulting from the "siphoning off" of corporate assets referenced above. WHEREFORE, PREMISES CONSIDERED, the Plaintiffs demand judgment against the Director/Fictitious Defendants, in compensatory, consequential and incidental damages in an amount to be determined by the trier of fact as well as punitive damages, interest and costs of this action. COUNT TWO 14. The Plaintiffs adopt and incorporate the averments referenced above as if fully referenced herein. 3 15. The Plaintiffs aver that unless a permanent injunction is granted, they will suffer continuing irreparable injury and, thus, apply to this Court for a permanent injunction removing the Director/Fictitious Defendants from office as Directors of Community 16. Plaintiffs also request such other, further and different relief to which they may be entitled. COUNT THREE 17. Plaintiffs adopt and incorporate the averments referenced above as if fully referenced herein. 18. Plaintiffs aver that in order to determine the full extent of wrong doing by the Defendants and damages suffered by the Plaintiffs, it is necessary that this Court order an accounting of the Defendants and further order that the Defendants account to the Plaintiffs for all sums rightfully due the Plaintiffs. WHEREFORE, PREMISES CONSIDERED, the Plaintiffs move this Court to order an accounting from the Defendants and further that the Defendants fully account to the Plaintiffs for all sums rightfully due the Plaintiffs, along with such other, further and different relief to which the Plaintiffs may be entitled. THE PLAINTIFFS DEMAND A TRIAL BY STRUCK JURY. ------------------------------------------- RICHARD F. OGLE ------------------------------------------- DAVID O. UPSHAW Attorneys for Plaintiffs 4 OF COUNSEL: OGLE, LILES AND UPSHAW, LLP 600 Financial Center, 505 North 20th Street Post Office Drawer 1865 Birmingham, Alabama 35201-1865 Telephone: 205/521-7000 DEFENDANTS' ADDRESSES: (TO BE SERVED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.) Kennon R. Patterson, Sr. P. O. Box 1000 Blountsville, Alabama 35031 Kennon R. Patterson, Jr. P. O. Box 1000 Blountsville, Alabama 35031 Glynn Debter P. O. Box 1000 Blountsville, Alabama 35031 Stacey Mann P. O. Box 1000 Blountsville, Alabama 35031 Merritt Robbins P. O. Box 1000 Blountsville, Alabama 35031 Bishop K. Walker, Jr. P. O. Box 1000 Blountsville, Alabama 35031 Roy B. Jackson P. O. Box 1000 Blountsville, Alabama 35031 5 Loy McGruder P. O. Box 1000 Blountsville, Alabama 35031 Robert O. Summerford P. O. Box 1000 Blountsville, Alabama 35031 Denny G. Kelly P. O. Box 1000 Blountsville, Alabama 35031 Jimmie Trotter P. O. Box 1000 Blountsville, Alabama 35031 John J. Lewis, Jr. P. O. Box 1000 Blountsville, Alabama 35031 Hodge Patterson P. O. Box 1000 Blountsville, Alabama 35031 Edward Ferguson P. O. Box 1000 Blountsville, Alabama 35031 Community Bancshares, Inc. P. O. Box 1000 Blountsville, Alabama 35031 Community Bank, Inc. P. O. Box 1000 Blountsville, Alabama 35031 6 -----END PRIVACY-ENHANCED MESSAGE-----