-----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, EzqSIX8zLKoNtkH9o3GAf1Dttv2os+h1DjLltDqqsZAc3/ZhnPBUaRMfpspmvfr7 schstGk43QbI1ifIkUuzDA== 0001116502-10-000101.txt : 20100129 0001116502-10-000101.hdr.sgml : 20100129 20100129123435 ACCESSION NUMBER: 0001116502-10-000101 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100129 DATE AS OF CHANGE: 20100129 GROUP MEMBERS: DARREN R. TYMCHYSHYN GROUP MEMBERS: HOT CREEK CAPITAL, L.L.C. GROUP MEMBERS: HOT CREEK INVESTORS, L.P. SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: SUSSEX BANCORP CENTRAL INDEX KEY: 0001028954 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 223475473 STATE OF INCORPORATION: NJ FISCAL YEAR END: 1015 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-49759 FILM NUMBER: 10556620 BUSINESS ADDRESS: STREET 1: 399 RTE 23 CITY: FRANKLIN STATE: NJ ZIP: 07416 BUSINESS PHONE: 9738272914 MAIL ADDRESS: STREET 1: 399 RTE 23 CITY: FRANKLIN STATE: NJ ZIP: 07416 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: HOT CREEK CAPITAL LLC CENTRAL INDEX KEY: 0001141943 IRS NUMBER: 880446124 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 1 E. LIBERTY ST. STREET 2: STE. 511 CITY: RENO STATE: NV ZIP: 89501-2110 BUSINESS PHONE: 7758235233 MAIL ADDRESS: STREET 1: 1 E. LIBERTY ST. STREET 2: STE. 511 CITY: RENO STATE: NV ZIP: 89501-2110 FORMER COMPANY: FORMER CONFORMED NAME: EVEREST MANAGERS LLC DATE OF NAME CHANGE: 20010604 SC 13G/A 1 sbbx_sc13ga.htm FORM SC13G/A sbbx_sc13ga.htm


SECURITIES AND EXCHANGE COMMISSION
Washington, DC  20549
 
SCHEDULE 13G/A
(Amendment No. 1)
 
Under the Securities Exchange Act of 1934
 
SUSSEX BANCORP
(Name of Issuer)
 
COMMON STOCK
(Title of Class of Securities)
 
869 245 100
(CUSIP Number)
 
DECEMBER 31, 2009
(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)
¨           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 ("Act") 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).
 


 

 
 CUSIP NO. 869 245 100
 
 
 
1
NAME OF REPORTING PERSON:
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)       

HOT CREEK CAPITAL, L.L.C.
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
 
 (a) o  (b) ¨
3
SEC USE ONLY
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Nevada
 
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
5
SOLE VOTING POWER
0
6
SHARED VOTING POWER
310,298
7
SOLE DISPOSITIVE POWER
0
8
SHARED DISPOSITIVE POWER
310,298
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
310,298
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
 
NOT APPLICABLE
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
 
9.5%
12
TYPE OF REPORTING PERSON
 
00
 
2

 CUSIP NO. 869 245 100
 
 
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
HOT CREEK INVESTORS, L.P.
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
 
 (a) o  (b) ¨
 
3
SEC USE ONLY
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Nevada
 
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH  REPORTING PERSON WITH
5
SOLE VOTING POWER
0
6
SHARED VOTING POWER
310,298
7
SOLE DISPOSITIVE POWER
0
8
SHARED DISPOSITIVE POWER
310,298
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
310,298
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
 
Not Applicable
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
 
9.5%
12
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
 
PN
 
3

 CUSIP NO. 869 245 100
 
 
 
1
NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NO. OF ABOVE PERSON (ENTITIES ONLY)
 
Darren R. Tymchyshyn
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
 
 (a) o  (b) ¨
3
SEC USE ONLY
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
U.S.A
 
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
5
SOLE VOTING POWER
0
6
SHARED VOTING POWER
310,298
7
SOLE DISPOSITIVE POWER
0
8
SHARED DISPOSITIVE POWER
310,298
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
310,298
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
Not Applicable
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW 9
9.5%
12
TYPE OF REPORTING PERSON
IN
 
4

 
ITEM 1(a).
NAME OF ISSUER:
 
  Sussex Bancorp
 
 
 ITEM 1(b). ADDRESS OF ISSUER’S PRINCIPAL EXECUTIVE OFFICES:
 
 
399 Route 23
Franklin, New Jersey 07416
 
ITEM 2(a).
NAME OF PERSON FILING:
 
This Schedule 13G is being jointly filed by each of the following persons pursuant to Rule 13d-1(k)(1) promulgated by the Securities and Exchange Commission pursuant to Section 13 of the Securities Exchange Act of 1934, as amended (the "Act"): (i) Hot Creek Capital, L.L.C. (the "General Partner"), (ii) Hot Creek Investors, L.P. (“Investors”), and (iii) Darren R. Tymchyshyn, the principal member of the General Partner ((i), (ii), and (iii) being collectively, the "Filing Persons"). The Common Stock (the “Stock”) which is the subject of this Schedule 13G is held by Investors. The other Filing Persons are joining in this Schedule 13G because they exercise voting and investment power over the Common Stock held by Investors. The Filing Persons have entered into a Joint Filing Agreement, dated as of January 26, 2010, a copy of which is filed with this Schedule 13G as Exhibit A, pursuant to which the Filing Persons have agreed to file this statement jointly in accordance with the provisions of Rule 13d-1(k)(1) under the Act. The Filing Persons expressly disclaim that they have agreed to act as a group.
 
ITEM 2(b).
ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE:
 
1 East Liberty Street, Suite 511
Reno, Nevada 89501
            
ITEM 2(c).
CITIZENSHIP:
 
Nevada for Investors and the General Partner;
Darren R. Tymchyshyn is a citizen of Canada
                                 

5

 
ITEM 2(d). 
 
TITLE OF CLASS OF SECURITIES:
 
Common Stock
 
ITEM 2(e). 
 
CUSIP Number:
 
869 245 100
 
ITEM 3.
 
Not Applicable
 ITEM 4.
OWNERSHIP:
 
 
(a)  Amount beneficially owned:
 
310,298 shares of Stock may be deemed beneficially owned within the meaning of Rule 13d-3 of the Act by Investors, the General Partner, and Darren R. Tymchyshyn. The General Partner and Mr. Tymchyshyn expressly disclaim direct and beneficial ownership of the shares of Stock reported as deemed to be beneficially owned by them.
 
Based on Form 10-Q dated November 16, 2009, the Issuer had 3,262,934 shares of Common Stock issued and outstanding on November 13, 2009. Accordingly, the 310,298 shares of Stock which may be deemed to be beneficially owned by Investors represent approximately 9.5 percent (9.5%) of the Issuer’s issued and outstanding Stock thereafter.  
 
(b)  Percent of class: 9.5%
 
(c)  Number of shares as to which the person has:
 
      (i) Sole power to vote or to direct the vote                                                0
      (ii) Shared power to vote or to direct the vote                               310,298
      (iii) Sole power to dispose or to direct the disposition of                       0
      (iv) Shared power to dispose or to direct the disposition of       310,298
 
 ITEM 5.
OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS:
 
 
Not Applicable
 
ITEM 6.
OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON:
 
 
Not Applicable
 
ITEM 7.
IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED THE SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY:
 
 
Not applicable
 
ITEM 8.
IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF A GROUP:
 
 
Not applicable.
 
ITEM 9.
NOTICE OF DISSOLUTION OF GROUP:
 
  Not applicable

 
6

 
ITEM 10.              CERTIFICATIONS
 
    By signing below I certify that, to the best of my knowledge and belief, the securities referred to above 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.
 
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.
 
 
 
  HOT CREEK CAPITAL, L.L.C.  
       
Dated: January 26, 2010
By:
/s/Darren R. Tymchyshyn   
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       

 
HOT CREEK INVESTORS, L.P.
 
   
By its General Partner
HOT CREEK CAPITAL, L.L.C.
 
Dated: January 26, 2010
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       
 
     
       
Dated: January 26, 2010
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
       
       

 
7

 
Exhibit A
-------------
 

AGREEMENT REGARDING THE JOINT FILING
OF SCHEDULE 13G
---------------------
The undersigned hereby agree as follows:
 
(i) Each of them is individually eligible to use the Schedule 13G to which this Exhibit is attached, and such Schedule 13G is filed on behalf of each of them; and
 
(ii) Each of them is responsible for the timely filing of such Schedule 13G and any amendments thereto, and for the completeness and accuracy of the information concerning such person contained therein; but none of them is responsible for the completeness or accuracy of the information concerning the other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate.
 
 
  HOT CREEK CAPITAL, L.L.C.  
       
Dated: January 26, 2010
By:
/s/Darren R. Tymchyshyn   
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       

 
HOT CREEK INVESTORS, L.P.
 
   
By its General Partner
HOT CREEK CAPITAL, L.L.C.
 
Dated: January 26, 2010
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
    Title: Managing Member  
       
 
     
       
Dated: January 26, 2010
By:
/s/ Darren R. Tymchyshyn  
    Name: Darren R. Tymchyshyn  
       
       

 
8

 
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