-----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, OuIk54eOTAFP3NhldtVNd2EF7KrH41QHAxPyD3GNWyYpP4+q1n4lNU0LjWBf8edm UTdin7PmXo/uNUAUol5OIw== /in/edgar/work/20000825/0000911959-00-500005/0000911959-00-500005.txt : 20000922 0000911959-00-500005.hdr.sgml : 20000922 ACCESSION NUMBER: 0000911959-00-500005 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20000825 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: RES CARE INC /KY/ CENTRAL INDEX KEY: 0000776325 STANDARD INDUSTRIAL CLASSIFICATION: [8050 ] IRS NUMBER: 610875371 STATE OF INCORPORATION: KY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: SEC FILE NUMBER: 005-49827 FILM NUMBER: 710141 BUSINESS ADDRESS: STREET 1: 10140 LINN STATION RD CITY: LOUISVILLE STATE: KY ZIP: 40223 BUSINESS PHONE: 5023942100 MAIL ADDRESS: STREET 1: 10140 LINN STATION RD CITY: LOUISVILLE STATE: KY ZIP: 40223 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: FORNEAR JAMES R CENTRAL INDEX KEY: 0000900802 STANDARD INDUSTRIAL CLASSIFICATION: [ ] FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 10140 LION STATION RD CITY: LOUISVILLE STATE: KY ZIP: 40223 BUSINESS PHONE: 5023942100 MAIL ADDRESS: STREET 1: 10140 LION STATION RD CITY: LOUISVILLE STATE: KY ZIP: 40223 SC 13G 1 0001.txt SCHEDULE 13G UNITED STATES SECURITIES EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13G INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT TO RULES 13D-1(B)(E), AND (D) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13D-2(B) (Amendment No. ______) RES-CARE, INC. _________________________________________________________________ (Name of Issuer) COMMON STOCK _________________________________________________________________ (Title of Class of Securities) 760943100 _________________________________________________________________ (CUSIP Number) June 29, 2000 (Date of Event which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which the schedule is filed: ( ) Rule 13 d-1(b) ( X ) 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). 1. NAME OF REPORTING PERSON James R. Fornear S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) ( x ) (b) ( ) 3. SEC USE ONLY 4. CITIZENSHIP OR PLACE OF ORGANIZATION.................U.S. Number of Shares Beneficially Owned By Each Reporting Person With 5. SOLE VOTING POWER 1,218,038 6. SHARED VOTING POWER 1,403,757 7. SOLE DISPOSITIVE POWER 1,218,038 8. SHARED DISPOSITIVE POWER 1,403,757 9. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 2,621,795 10. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES SHARES* [ x ] 11. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 10.8 12. TYPE OF REPORTING PERSON* IN 1. NAME OF REPORTING PERSON Margaret H. Fornear S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) ( x ) (b) ( ) 3. SEC USE ONLY 4. CITIZENSHIP OR PLACE OF ORGANIZATION............U.S. Number of Shares Beneficially Owned By Each Reporting Person With 5. SOLE VOTING POWER 661,667 6. SHARED VOTING POWER 702,209 7. SOLE DISPOSITIVE POWER 661,667 8. SHARED DISPOSITIVE POWER 702,209 9. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,363,876 10. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES SHARES* [ x ] 11. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 5.6 12. TYPE OF REPORTING PERSON* IN Item 1(a). Name of the Issuer The name of the issuer is Res-Care, Inc. (the "Issuer") Item 1(b). Address of Issuer's Principal Executive Offices The principal executive offices of the Issuer are located at 10140 Linn Station Road, Louisville, Kentucky 40223. Item 2(a). Names of Person Filing James R. Fornear on behalf of a group consisting of James R. Fornear and Margaret H. Fornear. Item 2(b). Address of Principal Business Office, or if None, Residence James R. Fornear's address is 175 Bayview Avenue, Naples, Florida 34108. Item 2(c). Citizenship Mr. Fornear is a citizen of the United States of America. Item 2(d). Title of Class of Securities Common Stock Item 2(e). CUSIP Number The CUSIP number is 760943100. Item 3. Filing Pursuant to Rules 13d-1(b) or 13d-2(b) Not applicable. Item 4. Ownership James R. Fornear Ownership (a) Amount Beneficially Owned: 2,621,795 (b) Percent of Class 10.8 (c) Number of shares as to which such person has: (i) sole power to vote or direct the vote: 1,218,038 (ii) shared power to vote or direct the vote: 1,403,757 (iii)sole power to dispose or to direct the disposition of 1,218,038 (iv) shared power to dispose or to direct the disposition of: 1,403,757 Margaret H. Fornear Ownership (a) Amount Beneficially Owned: 1,363,876 (b) Percent of Class 5.6 (c) Number of shares as to which such person has: (i) sole power to vote or direct the vote: 661,667 (ii) shared power to vote or direct the vote: 702,209 (iii)sole power to dispose or to direct the disposition of 661,667 (iv) shared power to dispose or to direct the disposition of: 702,209 Item 5. Ownership of Five Percent or Less of a Class. On June 29, 2000, Res-Care, RWD Holdings and Redwood Acquisition, Inc. agreed to terminate the Merger Agreement, by mutual consent to the Termination Agreement (the "Termination Agreement"). By virtue of the termination of the Merger Agreement, the Voting Agreements between RWD Holdings and Ronald G. Geary, Jeffrey M. Cross, E. Halsey Sandford, Paul G. Dunn, Ralph G. Gronefeld, Jr., James R. Fornear, Margaret H. Fornear, and Vincent D. Pettinelli terminated simultaneously. The description herein of the Termination Agreement is qualified in its entirety by reference to the Termination Agreement, which is incorporated by reference to the Issuer's Current Report on Form 8-K dated June 29, 2000. 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 the Group. See attached Exhibit A and Exhibit B. Item 9. Notice of Dissolution of Group. By virtue of the termination of the Merger Agreement on June 29, 2000, the Voting Agreements terminated simultaneously. Any further filings with regard to Res-Care Common Stock will be made individually by the former members of the voting group. James R. Fornear and Margaret H. Fornear are members of a group consisting solely of the members listed in Exhibit A. Item 10. Certification 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 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 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, the undersigned persons certify that the information set forth in this statement is true, complete and correct. Dated: August 24, 2000 /s/ James R. Fornear James R. Fornear EXHIBIT A James R. Fornear Margaret H. Fornear EXHIBIT B Rule 13d-1(e) The undersigned persons on this 24 day of August , 2000 agree and consent to the joint filing on their behalf of this Schedule 13G in connection with their beneficial ownership of the Common Stock of Res-Care, Inc. /s/ James R. Fornear James R. Fornear /s/ Margaret H. Fornear Margaret H. Fornear -----END PRIVACY-ENHANCED MESSAGE-----