-----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, MNLjuffuU/FufZaMAZ5/WvJIXkVmFqDmVl8A5fa/L5CJs2exhdZJgfPIXGesUbu+ SVAhoa8X6Twv/xvy4D3iMw== 0001008886-04-000042.txt : 20040217 0001008886-04-000042.hdr.sgml : 20040216 20040217163909 ACCESSION NUMBER: 0001008886-04-000042 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20040217 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MOYES CHILDRENS TRUST CENTRAL INDEX KEY: 0001272133 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 4001 NORTH THIRD ST. STREET 2: SUITE 200 CITY: PHOENIX STATE: AZ ZIP: 85012 MAIL ADDRESS: STREET 1: 4001 NORTH THIRD ST. STREET 2: SUITE 200 CITY: PHOENIX STATE: AZ ZIP: 85012 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CENTRAL FREIGHT LINES INC CENTRAL INDEX KEY: 0001085636 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 742914331 STATE OF INCORPORATION: NV FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-79672 FILM NUMBER: 04609386 BUSINESS ADDRESS: STREET 1: 5601 WEST WACO DRIVE CITY: WACO STATE: TX ZIP: 767022638 BUSINESS PHONE: 2547722120 MAIL ADDRESS: STREET 1: 5601 WEST WACO DRIVE CITY: WACO STATE: TX ZIP: 767022638 FORMER COMPANY: FORMER CONFORMED NAME: CENTRAL FREIGHT LINES INC/TX DATE OF NAME CHANGE: 19990503 SC 13G 1 moyeschtrust13g.txt SCH 13G MOYES CHILDREN'S TRUST 2004 ----------------------------------- | OMB APPROVAL | |----------------------------------| |OMB Number: 3235-0145| |----------------------------------| |Expires: December 31, 2005| |----------------------------------| |Estimated average burden | |hours per response..............11| ----------------------------------- UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. ___)* CENTRAL FREIGHT LINES, inc. (Name of Issuer) Common Stock, Par Value $0.001 (Title of Class of Securities) 153491 10 5 (CUSIP Number) December 31, 2003 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [ ] Rule 13d-1(b) [ ] Rule 13d-1(c) [X] 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). Potential persons who are to 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. SEC 1745 (12-02) Page 1 of 7 pages CUSIP No. 153491 10 5 - ------------------------------------------------------------------------------- 1. Names of Reporting Persons Gerald F. Ehrlich I.R.S. Identification Nos. of above persons (entities only) - ------------------------------------------------------------------------------- 2. Check the Appropriate Box if a Member of a Group (See Instructions) (a) [ ] (b) [X] - ------------------------------------------------------------------------------ 3. SEC Use Only - ------------------------------------------------------------------------------- 4. Citizenship or Place of Organization United States of America - ------------------------------------------------------------------------------- Number of 5. Sole Voting Power 0 Shares -------------------------------------------------------------- Beneficially 6. Shared Voting Power 4,708,348(1) Owned by -------------------------------------------------------------- Each 7. Sole Dispositive Power 0 Reporting -------------------------------------------------------------- Person With 8. Shared Dispositive Power 4,708,348(1) - ------------------------------------------------------------------------------- 9. Aggregate Amount Beneficially Owned by Each Reporting Person 4,708,348(1) - ------------------------------------------------------------------------------- 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares [X] (See Instructions) See Item 4, page 5. - ------------------------------------------------------------------------------- 11. Percent of Class Represented by Amount in Row (9) 27.7% - ------------------------------------------------------------------------------- 12. Type of Reporting Person (See Instructions) IN - ------------------------------------------------------------------------------- (1) The reported securities are owned by the Moyes Children's Trust dated 12/14/92. Gerald F. Ehrlich is the trustee of the Moyes Children's Trust dated 12/14/92 and has sole voting and dispositive power with respect to the reported securities. Mr. Ehrlich has no pecuniary interest in the reported securities and disclaims beneficial ownership thereof. Page 2 of 7 pages CUSIP No. 153491 10 5 - ------------------------------------------------------------------------------- 1. Names of Reporting Persons The Moyes Children's Trust dated 12/14/92 I.R.S. Identification Nos. of above persons (entities only) - ------------------------------------------------------------------------------- 2. Check the Appropriate Box if a Member of a Group (See Instructions) (a) [ ] (b) [X] - ------------------------------------------------------------------------------- 3. SEC Use Only - ------------------------------------------------------------------------------- 4. Citizenship or Place of Organization Arizona - ------------------------------------------------------------------------------- Number of 5. Sole Voting Power 0 Shares -------------------------------------------------------------- Beneficially 6. Shared Voting Power 4,708,348 Owned by -------------------------------------------------------------- Each 7. Sole Dispositive Power 0 Reporting -------------------------------------------------------------- Person With 8. Shared Dispositive Power 4,708,348 - ------------------------------------------------------------------------------- 9. Aggregate Amount Beneficially Owned by Each Reporting Person 4,708,348 - ------------------------------------------------------------------------------- 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares [X] (See Instructions) See Item 4, page 5. - ------------------------------------------------------------------------------- 11. Percent of Class Represented by Amount in Row (9) 27.7% - ------------------------------------------------------------------------------- 12. Type of Reporting Person (See Instructions) OO - ------------------------------------------------------------------------------- Page 3 of 7 pages Item 1(a). Name of Issuer: Central Freight Lines, Inc. Item 1(b). Address of Issuer's Principal Executive Offices: 5601 West Waco Drive Waco, TX 76710 Item 2(a). Name of Person Filing: (1) Gerald F. Ehrlich (2) The Moyes Children's Trust dated 12/14/92 (the "Moyes Children's Trust") The foregoing persons are hereinafter sometimes collectively referred to as the "Reporting Persons." A Joint Filing Agreement of the Reporting Persons is attached hereto as Exhibit 99.1 and shall be filed herewith. Item 2(b). Address of Principal Business Office or, if none, Residence: The principal business office of each of the Reporting Persons is 4001 North Third Street, Suite 200, Phoenix, Arizona 85012. Item 2(c). Citizenship: Gerald F. Ehrlich is a United States citizen. The Moyes Children's Trust is organized under the laws of Arizona. Item 2(d). Title of Class of Securities: Common Stock, par value $0.001 per share (the "Common Stock") Item 2(e). CUSIP Number: 153491 10 5 Item 3. If this statement is filed pursuant to Section 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: (a) [ ] Broker or dealer registered under Section 15 of the Act; (b) [ ] Bank as defined in Section 3(a)(6) of the Act; (c) [ ] Insurance company as defined in Section 3(a)(19) of the Act; (d) [ ] Investment company registered under Section 8 of the Investment Company Act; (e) [ ] An investment adviser in accordance with Rule 13d-1(b)(1(ii)(E); (f) [ ] An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F); (g) [ ] A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G); (h) [ ] A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act; (i) [ ] A church plan that is excluded from the definition of an investment company under Section (c)(14) of the Investment Company Act; (j) [ ] Group, in accordance with Rule 13d-1(b)(1)(ii)(J). Not applicable. Page 4 of 7 pages Item 4. Ownership: The following sets forth information with respect to the beneficial ownership of the Common Stock by each of the Reporting Persons. The percentage of the Common Stock beneficially owned by each of the Reporting Persons is based on 16,968,218 shares of Common Stock outstanding as of December 31, 2003. The information set forth herein with respect to the beneficial ownership of the Reporting Persons does not include (i) 4,000 shares of Common Stock that Jerry Moyes does not own, but with respect to which he has options that are currently exercisable or will become exercisable within 60 days after the date hereof, or (ii) 1,046,002 shares of Common Stock held by the Jerry and Vickie Moyes Family Trust dated 12/11/87 (the "Moyes Family Trust"), which is a trust for the benefit of Jerry and Vickie Moyes and certain of their family members. The trustees of the Moyes Family Trust are Jerry and Vickie Moyes, and Mr. and Mrs. Moyes share voting and dispositive power with respect to the shares of Common Stock held thereby. Each of the Reporting Persons expressly disclaims that such Reporting Person is, within the meaning of Section 13(d)(3) of the Exchange Act, a member of a group that includes Jerry Moyes, Vickie Moyes, and the Moyes Family Trust. Pursuant to Rule 13d-4, each of the Reporting Persons also expressly disclaims that it is the beneficial owner of any shares of Common Stock beneficially owned by Jerry Moyes, Vickie Moyes, and the Moyes Family Trust. Gerald F. Ehrlich: (a) Amount beneficially owned: 4,708,348 The shares reported herein as beneficially owned by Gerald F. Ehrlich are owned by the Moyes Children's Trust. Mr. Ehrlich is the trustee of the Moyes Children's Trust and has sole voting and dispositive power with respect to the reported securities. Mr. Ehrlich has no pecuniary interest in the reported securities and disclaims beneficial ownership thereof. (b) Percent of class: 27.7% (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 4,708,348 (iii) Sole power to dispose or to direct the disposition of 0 (iv) Shared power to dispose or to direct the disposition of 4,708,348 The Moyes Children's Trust dated 12/14/92: (a) Amount beneficially owned: 4,708,348 The Moyes Children's Trust directly holds 4,708,348 shares of Common Stock. (b) Percent of class: 27.7% (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 4,708,348 (iii) Sole power to dispose or to direct the disposition of 0 (iv) Shared power to dispose or to direct the disposition of 4,708,348 Item 5. Ownership of Five Percent or Less of a Class: 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 [ ]. Page 5 of 7 pages 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 or Control Person: Not applicable. Item 8. Identification and Classification of Members of the Group: Not applicable. Item 9. Notice of Dissolution of Group: Not applicable. Item 10. Certification: Not applicable. Page 6 of 7 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. February 16, 2004 /s/ Gerald F. Ehrlich Gerald F. Ehrlich THE MOYES CHILDREN'S TRUST DATED 12/14/92 By: /s/ Gerald F. Ehrlich Gerald F. Ehrlich, Trustee Page 7 of 7 pages EX-99 3 ex99jointfiling.txt EX 99.1 JOINT FILING AGREEMENT JOINT FILING AGREEMENT Each of the undersigned hereby agrees: 1. Each of them is individually eligible to use the Schedule 13G to which this Exhibit 99.1 is attached, and such Schedule 13G is filed on behalf of each of them. 2. Each of them is responsible for the timely filing of such Schedule 13G and any further 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 other persons making the filing, unless such person knows or has reason to believe that such information is inaccurate. 3. Nothing herein shall be, or shall be deemed to be, an admission that the parties hereto, or any of them, are members of a "group" (within the meaning of Section 13(d) of the Act and the rules and regulations promulgated thereunder). IN WITNESS WHEREOF, the parties have executed this Agreement as of this 16th day of February, 2004. /s/ Gerald F. Ehrlich Gerald F. Ehrlich THE MOYES CHILDREN'S TRUST DATED 12/14/92 By: /s/ Gerald F. Ehrlich Gerald F. Ehrlich, Trustee -----END PRIVACY-ENHANCED MESSAGE-----