-----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, MsFtq5NXPVWZDq3RPZln0DeMASd/VaScTsQFio9PSdPugzy9rDnVsQ66Gi11gdEh rDlTxOXRhCAoe6UGOIEpzQ== 0000893220-04-000216.txt : 20040213 0000893220-04-000216.hdr.sgml : 20040213 20040213161719 ACCESSION NUMBER: 0000893220-04-000216 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040213 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BON TON STORES INC CENTRAL INDEX KEY: 0000878079 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-DEPARTMENT STORES [5311] IRS NUMBER: 232835229 STATE OF INCORPORATION: PA FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-41835 FILM NUMBER: 04599355 BUSINESS ADDRESS: STREET 1: 2801 E MARKET ST CITY: YORK STATE: PA ZIP: 17402-2406 BUSINESS PHONE: 7177577660 MAIL ADDRESS: STREET 1: P O BOX 2821 CITY: YORK STATE: PA ZIP: 17405-2821 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: MILLER HENRY F ESQ CENTRAL INDEX KEY: 0001106423 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: C/O WOLK BLOCK SCHORR & SOLISCOHEN LLP STREET 2: 1650 ARCH STREET CITY: PHILADELPHIA STATE: PA ZIP: 19103-2097 BUSINESS PHONE: 2159772182 MAIL ADDRESS: STREET 1: C/O WOLF BLOCK SCHORR & SOLIS COHEN LLP STREET 2: 1650 ARCH STREET CITY: PHILADELPHIA STATE: PA ZIP: 19103-2097 SC 13G/A 1 w94230sc13gza.txt SCHEDULE 13G (AMENDMENT NO. 2) UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ------------------------- SCHEDULE 13G UNDER THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No. 2) The Bon-Ton Stores, Inc. - -------------------------------------------------------------------------------- (Name of Issuer) Common Stock - -------------------------------------------------------------------------------- (Title of Class of Securities) 09776J 10 1 - -------------------------------------------------------------------------------- (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) /X/ Rule 13d-1(c) / / Rule 13d-1(d) Page 1 of 6 Pages SCHEDULE 13G - ------------------------ ---------------------- CUSIP No. 09776J 10 1 Page 2 of 6 Pages - ------------------------ ---------------------- - -------------------------------------------------------------------------------- 1. NAME OF REPORTING PERSONS: HENRY F. MILLER I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) - -------------------------------------------------------------------------------- 2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ] (b) [ ] - -------------------------------------------------------------------------------- 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 1,077,464 OWNED BY ---------------------------------------------------------------- EACH 7. SOLE DISPOSITIVE POWER 0 REPORTING ---------------------------------------------------------------- PERSON WITH 8. SHARED DISPOSITIVE POWER 1,077,464 - -------------------------------------------------------------------------------- 9. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,077,464 - -------------------------------------------------------------------------------- 10. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES: [ ] - -------------------------------------------------------------------------------- 11. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 8.1% - -------------------------------------------------------------------------------- 12. TYPE OF REPORTING PERSON IN - -------------------------------------------------------------------------------- -2- SCHEDULE 13G - ------------------------ ---------------------- CUSIP No. 09776J 10 1 Page 3 of 6 Pages - ------------------------ ---------------------- ITEM 1(A). NAME OF ISSUER: The Bon-Ton Stores, Inc. ITEM 1(B). ADDRESS OF ISSUER'S PRINCIPAL EXECUTIVE OFFICES: 2801 E. Market Street York, PA 17402 ITEM 2(A). NAME OF PERSON FILING: Henry F. Miller ITEM 2(B). ADDRESS OF PRINCIPAL BUSINESS OFFICE OR, IF NONE, RESIDENCE: c/o Wolf, Block, Schorr and Solis-Cohen LLP 1650 Arch Street 22nd Floor Philadelphia, PA 19103 ITEM 2(C). CITIZENSHIP: United States of America ITEM 2(D). TITLE OF CLASS OF SECURITIES: Common Stock ITEM 2(E). CUSIP NUMBER: 09776J 10 1 ITEM 3. IF THIS STATEMENT IS FILED PURSUANT TO RULE 13D-1(B), OR 13D-2(B) OR (C), CHECK WHETHER THE PERSON FILING IS A: Not Applicable (a) [ ] Broker or dealer registered under Section 15 of the Exchange Act; (b) [ ] Bank as defined in Section 3(a)(6) of the Exchange Act; (c) [ ] Insurance Company as defined in Section 3(a)(19) of the Exchange Act; -3- SCHEDULE 13G - ------------------------ ---------------------- CUSIP No. 09776J 10 1 Page 4 of 6 Pages - ------------------------ ---------------------- (d) [ ] Investment Company registered under Section 8 of the Investment Company Exchange Act; (e) [ ] Investment Adviser in accordance with Rule 13d-1(b)(1)(ii)(E); (f) [ ] Employee Benefit Plan or Endowment Fund in accordance with Rule 13d-1(b)(1)(ii)(F); (g) [ ] Parent Holding Company or Control Person in accordance with Rule 13d-1(b)(1)(ii)(G); (h) [ ] Saving Association as defined in Section 3(b) of The Federal Deposit Insurance Act; (i) [ ] Church Plan that is excluded from the definition of an Investment Company under Section 3(c)(14) of the Investment Company Act; (j) [ ] Group, in accordance with Rule 13d-1(b)(1)(ii)(J). ITEM 4. OWNERSHIP. (a) Amount beneficially owned: 1,077,464 (b) Percent of Class: 8.1% (c) Number of shares as to which such person has: (i) Sole power to vote or direct the vote: 0 (ii) Shared power to vote or to direct the vote: 1,077,464 (iii) Sole power to dispose or direct the disposition of: 0 (iv) Shared power to dispose or to direct the disposition of: 1,077,464 As of December 31, 2003, Henry F. Miller beneficially owns 1,077,464 shares of the Issuer's Common Stock, $.01 par value ("Common Stock"), representing 8.1% of the Common Stock, as calculated in accordance with Rule 13d-3(d)(1) of the Securities Exchange Act of 1934, as amended. Specifically, Mr. Miller beneficially owns 321,504 shares of Common Stock and 545,237 shares of the Issuer's Class A Common Stock, $.01 par value ("Class A Common Stock"), in his capacity as co-trustee of three trusts created under an Indenture of Trust of M. Thomas Grumbacher dated March 9, 1989 (the "1989 Trusts"), and beneficially owns 24,950 shares of Common Stock in his capacity as co-trustee of three trusts created under an Indenture -4- SCHEDULE 13G - ------------------------ ---------------------- CUSIP No. 09776J 10 1 Page 5 of 6 Pages - ------------------------ ---------------------- of Trust of M. Thomas Grumbacher dated June 21, 1993 (the "1993 Trusts"). Each of the 1989 Trusts and the 1993 Trusts was created for the benefit of one of Mr. Grumbacher's three adult children. Mr. Miller also beneficially owns 185,773 shares of Common Stock in his capacity as a director of a charitable foundation (the "Foundation") which owns 185,773 shares of Common Stock. Each share of Class A Common Stock is convertible, at the option of its holder, into one share of Common Stock. Assuming the conversion of the shares of Class A Common Stock listed above, Mr. Miller has the shared power to vote and to dispose of, or to direct the vote and disposal of, 1,077,464 shares of Common Stock. Mr. Miller disclaims beneficial ownership of all shares of Common Stock and Class A Common Stock listed above. 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: [ ] ITEM 6. OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON. The 1989 Trusts have the right to receive dividends and the proceeds from the sale of the shares of Common Stock and Class A Common Stock held by each such trust. Mr. Miller is co-trustee of each of the 1989 Trusts and shares the power to direct the receipt of dividends and the proceeds from the sale of the shares of Common Stock and Class A Common Stock held by each such trust with co-trustees David R. Glyn, Nancy T. Grumbacher and Thomas W. Wolf. The 1993 Trusts have the right to receive dividends and the proceeds from the sale of the shares of Common Stock held by each such trust. Mr. Miller is co-trustee of each of the 1993 Trusts and shares the power to direct the receipt of dividends and the proceeds from the sale of the shares of Common Stock held by each such trust with co-trustees David R. Glyn, Nancy T. Grumbacher and Thomas W. Wolf. The Foundation also has the right to receive dividends and the proceeds from the sale of the shares of Common Stock held by the Foundation. Mr. Miller is one of three directors of the Foundation and shares the power to direct the receipt of dividends and the proceeds from the sale of the shares of Common Stock held by the Foundation with the other directors of the Foundation, M. Thomas Grumbacher and Nancy T. Grumbacher. -5- SCHEDULE 13G - ------------------------ ---------------------- CUSIP No. 09776J 10 1 Page 6 of 6 Pages - ------------------------ ---------------------- 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. Not Applicable ITEM 9. NOTICE OF DISSOLUTION OF GROUP. Not Applicable 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 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. February 13, 2004 ------------------------------------------ (Date) /s/ Henry F. Miller ------------------------------------------ (Signature) Henry F. Miller ------------------------------------------ (Name/Title) -6- -----END PRIVACY-ENHANCED MESSAGE-----