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Tontine Financial Partners LP, et al. · SC 13D · Advance Financial Bancorp · On 1/24/97

Filed On 1/24/97   ·   SEC File 5-48003   ·   Accession Number 902664-97-28

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  As Of               Filer                 Filing     As/For/On Docs:Pgs              Issuer               Agent

 1/24/97  Tontine Financial Partners LP     SC 13D                 2:8    Advance Financial Bancorp         Schulte Roth & Zabel/FA
          Jeffrey L. Gendell
          Tontine Partners LP
          Tontine Partners/L/P

General Statement of Beneficial Ownership   ·   Schedule 13D
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: SC 13D      Schdedule 13d                                          7     19K 
 2: EX-99       Joint Acquisition Statement                            1      4K 


SC 13D   ·   Schdedule 13d
Document Table of Contents

Page (sequential) | (alphabetic) Top
 
11st Page
"Common Stock
4Item 1. Security and Issuer
"Item 2. Identity and Background
"Item 3. Source and Amount of Funds and Other Consideration
5Item 4. Purpose of the Transaction
"Item 5. Interest in Securities of the Issuer
6Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer
"Item 7. Materials to be Filed as Exhibits
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SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ______________________ SCHEDULE 13D Under the Securities Exchange Act of 1934* Advance Financial Bancorp (Name of Issuer) Common Stock (Title of Class of Securities) [007437106] (CUSIP Number) Jeffrey L. Gendell Tontine Partners, L.P. 31 West 52nd Street, 17th Floor, New York, New York 10019 (212) 708-0675 (Name, address and telephone number of person authorized to receive notices and communications) January 14, 1997 (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 which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(b)(3) or (4), check the following box [ ]. NOTE: Six copies of this statement, including all exhibits, should be filed with the Commission. See Rule 13d-1(a) for other parties to whom copies are to be sent. *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 purposes 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). [page 1 of 9]
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13D CUSIP No. 007437106 ____________________________________________________________________________ (1) NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Jeffrey L. Gendell _____________________________________________________________________________ (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP ** (a) [ ] (b) [X] _____________________________________________________________________________ (3) SEC USE ONLY _____________________________________________________________________________ (4) SOURCE OF FUNDS ** 00 ____________________________________________________________ (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) [ ] _____________________________________________________________________________ (6) CITIZENSHIP OR PLACE OF ORGANIZATION United States _____________________________________________________________________________ NUMBER OF (7) SOLE VOTING POWER -0- SHARES ______________________________________________________________ BENEFICIALLY (8) SHARED VOTING POWER 108,200 OWNED BY ___________________________________________________________ EACH (9) SOLE DISPOSITIVE POWER -0- REPORTING ______________________________________________________________ PERSON WITH (10) SHARED DISPOSITIVE POWER 108,200 _____________________________________________________________________________ (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 108,200 _____________________________________________________________________________ (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES ** [ ] _____________________________________________________________________________ (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 9.9% _____________________________________________________________________________ (14) TYPE OF REPORTING PERSON ** IN _____________________________________________________________________________ ** SEE INSTRUCTIONS BEFORE FILLING OUT! [page 2 of 9]
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13D CUSIP No. 007437106 ____________________________________________________________________________ (1) NAME OF REPORTING PERSON S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Tontine Partners, L.P. _____________________________________________________________________________ (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP ** (a) [ ] (b) [X] _____________________________________________________________________________ (3) SEC USE ONLY _____________________________________________________________________________ (4) SOURCE OF FUNDS ** WC, 00 ____________________________________________________________ (5) CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) [ ] _____________________________________________________________________________ (6) CITIZENSHIP OR PLACE OF ORGANIZATION Delaware _____________________________________________________________________________ NUMBER OF (7) SOLE VOTING POWER -0- SHARES ______________________________________________________________ BENEFICIALLY (8) SHARED VOTING POWER 108,200 OWNED BY ___________________________________________________________ EACH (9) SOLE DISPOSITIVE POWER -0- REPORTING ______________________________________________________________ PERSON WITH (10) SHARED DISPOSITIVE POWER 108,200 _____________________________________________________________________________ (11) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 108,200 _____________________________________________________________________________ (12) CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES ** [ ] _____________________________________________________________________________ (13) PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 9.9% _____________________________________________________________________________ (14) TYPE OF REPORTING PERSON ** PN _____________________________________________________________________________ ** SEE INSTRUCTIONS BEFORE FILLING OUT! [page 3 of 9]
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Item 1. Security and Issuer. This statement relates to the common stock, $0.10 par value (the "Common Stock"), of Advance Financial Bancorp. The Company's principal executive offices are located at 1015 Commerce Street, Wellsburg, WV 26070. Item 2. Identity and Background. (a) This statement is filed by: Jeffrey L. Gendell, with respect to the shares of Common Stock directly owned by Tontine Partners, L.P., a Delaware limited partnership ("Tontine"), and Tontine, with respect to the shares of Common Stock beneficially owned by it. (b) The business address of Mr. Gendell is 31 West 52nd Street, 17th Floor, New York, New York 10019. The address of the principal business and principal office of Tontine is 31 West 52nd Street, 17th Floor, New York, New York 10019. (c) Mr. Gendell serves as the Managing Member of Tontine Management, L.L.C. which is the general partner (the "General Partner") of Tontine. The principal business of Tontine is serving as a private investment limited partnership investing in financial institutions. (d) Neither the person or partnership referred to in paragraph (a) has, during the last five years, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors). (e) Neither the person or partnership referred to in paragraph (a) has, during the last five years, 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. (f) Mr. Gendell is a United States citizen. Tontine is a limited partnership organized under the laws of the State of Delaware. Item 3. Source and Amount of Funds and Other Consideration. The net investment cost (including commissions, if any) of the shares of Common Stock beneficially owned by Tontine is approximately $1,429,783.75. The shares of Common Stock purchased by Tontine were purchased with working capital and on margin. Tontine's margin transactions are with Bear Stearns Securities Corp., on such firm's usual terms and conditions. All or part of the shares of Common Stock beneficially owned by Tontine may from time to time be pledged with one or more banking institutions or brokerage firms as collateral for loans made by such bank(s) or brokerage firm(s) to Tontine. [page 4 of 9]
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Such loans bear interest at a rate based upon the broker's call rate from time to time in effect. Such indebtedness may be refinanced with other banks or broker-dealers. Item 4. Purpose of the Transaction. The purchases of the shares of Common Stock by Tontine were made in the ordinary course of business and were not made for the purpose of acquiring control of the Company. Although the acquisition of the shares of Common Stock by Tontine is for investment purposes, Tontine will pursue discussions with management to maximize long-term value for shareholders. Tontine may make further purchases of shares of Common Stock from time to time and may dispose of any or all of the shares of Common Stock held by it at any time. Tontine does not have any plans or proposals which relate to, or could result in, any of the matters referred to in paragraphs (b) through (j), inclusive, of Item 4 of Schedule 13D. Such person and entity may, at any time and from time to time, review or reconsider their position and formulate plans or proposals with respect thereto, but have no present intention of doing so. Item 5. Interest in Securities of the Issuer. A. Jeffrey L. Gendell. (a) Aggregate number of shares beneficially owned: 108,200 Percentage: 9.9% The percentages used herein and in the rest of Item 5 are calculated based upon the 1,084,450 shares of Common Stock issued and outstanding as of January 2, 1997, as reflected in the Press Release (Bloomberg), dated January 2, 1997, in connection with the Company's issuances of shares. (b) 1. Sole power to vote or direct vote: 0 2. Shared power to vote or direct vote: 108,200 3. Sole power to dispose or direct the disposition: 0 4. Shared power to dispose or direct the disposition: 108,200 (c) Mr. Gendell did not enter into any transactions in the Common Stock of the Company within the last sixty days. The trading dates, number of shares of Common Stock purchased or sold and the price per share for all transactions in the Common Stock on behalf of Tontine, which were all in the open market, by Tontine, are set forth in Schedule A and are incorporated by reference. (d) Not applicable. (e) Not applicable. [page 5 of 9]
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B. Tontine Partners, L.P. (a) Aggregate number of shares beneficially owned: 108,200. Percentage: 9.9%. (b) 1. Sole power to vote or direct vote: 0 2. Shared power to vote or direct vote: 108,200 3. Sole power to dispose or direct the disposition: 0 4. Shared power to dispose or direct the disposition: 108,200 (c) The trading dates, number of shares of Common Stock purchased or sold and the price per share for all transactions in the Common Stock within the last sixty days, which were all in the open market, are set forth in Schedule A and are incorporated by reference. (d) Tontine Management, L.L.C., the general partner of Tontine, has the power to direct the affairs of Tontine, including decisions respecting the disposition of the proceeds from the sale of the shares. Mr. Gendell is the Managing Member of Tontine Management, L.L.C. and in that capacity directs its operations. (e) Not Applicable. Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer. Other than the Joint Acquisition Statement attached as Exhibit 1 hereto, there are no contracts, arrangements, understandings or relationships (legal or otherwise) among the persons named in Item 2 hereof and between such persons and any person with respect to any securities of the Company, including but not limited to transfer or voting of any other securities, finder's fees, joint ventures, loan or option arrangements, puts or calls, guarantees of profits, divisions of profits or loss, or the giving or withholding of proxies. Item 7. Materials to be Filed as Exhibits. There is filed herewith as Exhibit 1 a written agreement relating to the filing of joint acquisition statements as required by Rule 13d-1(f)(1) under the Securities Exchange Act of 1934, as amended. [page 6 of 9]
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SIGNATURES After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct. DATED: January 24, 1997 /s/ JEFFREY L. GENDELL Jeffrey L. Gendell, individually, and as managing member of Tontine Management, L.L.C., general partner of Tontine Partners, L.P. [page 7 of 9] <PAPGE> Schedule A TONTINE PARTNERS, L.P. Date of Price Per Share Transaction Number of Shares (including Purchased/(Sold) Commissions, if any) 1/2/97 25,000 12.88 1/2/97 10,000 12.56 1/9/97 10,000 12.88 1/14/97 10,000 13.13 1/14/97 15,500 13.06 1/15/97 3,000 13.01 1/16/97 15,000 13.50 1/17/97 5,000 14.00 1/20/97 5,000 14.00 1/23/97 9,700 14.25 [page 8 of 9]

Dates Referenced Herein   and   Documents Incorporated By Reference

Referenced-On Page
This SC 13D Filing   Date First   Last      Other Filings
1/2/975
1/14/971
Filed On / Filed As Of1/24/977SC 13D
 
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