-----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, UNTO0qDxwwWx3VDKxkvXlxFbfZw2Ec/2etUUV0yoSXS/RK3PiLCuAm7WMWQQw9mo 2qRADu4yQltwtLxmH63beA== 0000893220-02-000779.txt : 20020614 0000893220-02-000779.hdr.sgml : 20020614 20020614163604 ACCESSION NUMBER: 0000893220-02-000779 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20020613 ITEM INFORMATION: Changes in registrant's certifying accountant ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020614 FILER: 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: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19517 FILM NUMBER: 02679734 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 8-K 1 w61562e8vk.txt FORM 8-K DATED JUNE 13, 2002 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported): June 13, 2002 THE BON-TON STORES, INC. (Exact Name of Registrant Specified in Charter) Pennsylvania 0-19517 23-2835229 (State or Other (Commission File (I.R.S. Employer Jurisdiction of Number) Identification No.) Incorporation) 2801 E. Market Street York, Pennsylvania 17402 (Address of Principal Executive Offices) (Zip Code) Registrants telephone number, including area code: (717) 757-7660 Not Applicable (Former Name or Former Address, if Changed Since Last Report) ITEM 4. CHANGES IN REGISTRANT'S CERTIFYING ACCOUNTANT The Audit Committee of the Board of Directors of The Bon-Ton Stores, Inc. ("Bon-Ton") annually recommends to the Board the selection of Bon-Ton's independent auditor. As recommended by Bon-Ton's Audit Committee, the Board of Directors, effective as of June 13, 2002, dismissed Arthur Andersen LLP ("Andersen") as Bon-Ton's independent auditor and engaged KPMG LLP to serve as Bon-Ton's independent auditor for the fiscal year ending February 1, 2003. Andersen's reports on Bon-Ton's consolidated financial statements for the past two years did not contain an adverse opinion or disclaimer of opinion, nor were they qualified or modified as to uncertainty, audit scope or accounting principles. During Bon-Ton's two most recent fiscal years and through the date of this Form 8-K, there were no disagreements with Andersen on any matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure which, if not resolved to Andersen's satisfaction, would have caused it to make reference to the subject matter in connection with its report on Bon-Ton's consolidated financial statements for such years. During such time period, there were no "reportable events" as that term is defined in Item 304(a)(1)(v) of Securities and Exchange Commission Regulation S-K. The Company provided Arthur Andersen a copy of the foregoing disclosures. Attached as Exhibit 16 is a copy of Arthur Andersen's letter dated June 13, 2002 stating that it has found no basis for disagreement with such statements. During Bon-Ton's two most recent fiscal years and through the date of this Form 8-K, Bon-Ton did not consult with KPMG LLP with respect to the application of accounting principles to a specified transaction, either completed or proposed, or the type of audit opinion that might be rendered on Bon-Ton's consolidated financial statements, or any other matters or reportable events listed in Items 304(a)(2)(i) and (ii) of Regulation S-K. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL STATEMENTS AND EXHIBITS. (c) Exhibits 16 Letter from Arthur Andersen LLP to the Securities and Exchange Commission dated June 13, 2002, filed herewith. 99 Press Release SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. The Bon-Ton Stores, Inc. By: /s/ James H. Baireuther ------------------------------- James H. Baireuther Vice Chairman and Chief Administrative Officer Dated: June 13, 2002 EX-16 3 w61562exv16.txt LETTER FROM ARTHUR ANDERSEN LLP TO THE SEC EXHIBIT 16 Office of the Chief Accountant Securities and Exchange Commission 450 Fifth Avenue, N.W. Washington, DC 20549 June 13, 2002 Dear Sir/Madam: The representations made in this letter are based solely on discussions with and representations from the engagement partner and manager on the audits of the financial statements of this registrant for the two most recent fiscal years. Those individuals are no longer with Arthur Andersen LLP. We have read the second, third and fourth paragraphs of Item 4 included in the Form 8-K dated June 13, 2002 of The Bon-Ton Stores, Inc. to be filed with the Securities and Exchange Commission and have found no basis for disagreement with the statements contained therein. Very truly yours, /s/ Arthur Andersen LLP Copy to: James H. Baireuther, Vice Chairman and Chief Administrative Officer The Bon-Ton Stores, Inc. EX-99 4 w61562exv99.txt PRESS RELEASE EXHIBIT 99 [BON-TON LOGO] NEWS RELEASE FOR IMMEDIATE RELEASE CONTACT: Mary Kerr Divisional Vice President Corporate Communications (717) 751-3071 THE BON-TON STORES, INC. APPOINTS KPMG LLP AS INDEPENDENT AUDITOR YORK, PA--JUNE 13, 2002 - THE BON-TON STORES INC. (NASDAQ: BONT) today announced its Board of Directors has appointed KPMG LLP as the company's independent auditor for the fiscal year ending February 1, 2003. After extensive evaluation, the Board selected KPMG based on its experience in the retail industry, its local capabilities and the technical skills of the firm's professionals assigned to the Bon-Ton account. KPMG replaces Arthur Andersen LLP as Bon-Ton's independent auditor. The decision to change auditors was not the result of any disagreement between the company and Arthur Andersen on any matter of accounting principles or practices, financial statement disclosure or auditing scope or procedures. The Bon-Ton's Vice-Chairman and Chief Administrative Officer, James H. Baireuther said, "We look forward to working with KPMG as our independent auditor." In addition, Mr. Baireuther said, "The Bon-Ton had a long relationship with Arthur Andersen and was very satisfied with Andersen's services, professionalism and independence. Unfortunately, we believe recent events dictated changes within Andersen which prevent the firm from continuing to serve us as they have in the past." The Bon-Ton Stores, Inc. operates 73 department stores in targeted markets in Pennsylvania, New York, Maryland, New Jersey, Connecticut, Massachusetts, New Hampshire, Vermont and West Virginia. The stores carry a broad assortment of quality, brand-name fashion apparel and accessories for women, men and children, as well as distinctive home furnishings. Statements made in this press release, other than statements of historical information, are forward looking statements and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such statements involve risks and uncertainties that may cause results to differ materially from those set forth in these statements. Factors that could cause such differences include, but are not limited to, risks related to retail businesses generally, additional competition from existing and new competitors, uncertainties associated with opening new stores or expanding or remodeling existing stores, the Company's presence in and dependence on limited geographic markets, the ability to attract and retain qualified management, the dependence upon key vendor relationships and the ability to obtain financing for working capital, capital expenditures and general corporate purposes. Additional factors that could cause the Company's actual results to differ from those contained in these forward looking statements are discussed in greater detail in the Company's periodic reports filed with Securities and Exchange Commission. -----END PRIVACY-ENHANCED MESSAGE-----