SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
SCHEDULE 13D
(Rule 13d-101)
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(AMENDMENT NO. 5)
PARTY CITY CORPORATION
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(Name of Issuer)
Common Stock, par value $0.01 per share
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(Title of Class of Securities)
702145103
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(CUSIP Number)
Andrew P. Swary, Esquire
Wolf, Block, Schorr and Solis-Cohen LLP
250 Park Avenue
New York, NY 10177
(212) 986-1116
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(Name, Address and Telephone Number of Person Authorized
to Receive Notices and Communications)
October 11, 2004
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(Date of Event that Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this Schedule 13D, and is filing this
Schedule because of Rule 13d-l(e), 13d-1(f) or 13d-1(g), check the following
box: [ ]
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1. NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSON (ENTITIES ONLY):
Jack Futterman
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2. CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP:
(a) [_]
(b) [_]
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3. SEC USE ONLY
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4. SOURCE OF FUNDS:
N/A
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5. CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO
ITEMS 2(d) OR 2(e):
[_]
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6. CITIZENSHIP OR PLACE OF ORGANIZATION:
United States
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NUMBER OF 7. SOLE VOTING POWER
SHARES 865,800 shares of common stock
BENEFICIALLY -------------------------------------------------------
OWNED BY 8. SHARED VOTING POWER
EACH -0- Shares
REPORTING -------------------------------------------------------
PERSON 9. SOLE DISPOSITIVE POWER
WITH 865,800 shares of common stock
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10. SHARED DISPOSITIVE POWER
-0- Shares
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11. AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
865,800 shares of common stock (See Item 5)
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12. CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES:
[_]
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13. PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
4.83%
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14. TYPE OF REPORTING PERSON
IN
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This Amendment No. 5 to Schedule13D (this "Amendment") is being filed on
behalf of Jack Futterman (the "Reporting Person") to amend the Schedule 13D
filed with the Securities and Exchange Commission on June 17, 1999 (as amended,
the "Original Schedule 13D" and, collectively with this Amendment, the "Schedule
13D"). This Schedule 13D relates to the common stock, par value $.01 per share
(the "Company Common Stock"), of Party City Corporation, a Delaware corporation
(the "Company"). Capitalized terms used but not defined herein shall have the
meanings ascribed thereto in the Original Schedule 13D.
ITEM 5. INTEREST IN SECURITIES OF THE ISSUER.
The information in Item 5 of the Original Schedule 13D is hereby amended
and restated in its entirety as follows:
(a) The Reporting Person beneficially owns 865,800 shares of Company Common
Stock, of which 826,300 shares of Company Common Stock are owned by the
Reporting Person outright, 1,500 shares of Company Common Stock are held by the
Futterman Trust (of which the Reporting Person is the investment advisor) and
38,000 shares of Company Common Stock are subject to the Company Options,
representing, in the aggregate (assuming the full exercise of the Outstanding
Options), 4.83% of the total outstanding class of Company Common Stock (based
upon the sum of (i) 17,870,198 issued and outstanding shares of Company Common
Stock as of September 16, 2004 as reported on a Schedule 14A Proxy Statement,
dated October 13, 2004 filed on October 13, 2004 with the Securities and
Exchange Commission and (ii) 38,000 shares of Company Common Stock subject to
the Company Options).
(b) The Reporting Person has the sole power to vote and dispose of 865,800
shares of Company Common Stock that are reported as beneficially owned by the
Reporting Person in this Schedule 13D.
(c) Between April 23, 2004 and October 11, 2004, the Reporting Person sold
an aggregate of 42,500 shares of Company Common Stock as follows:
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DATE OF NO. OF SHARES PRICE PER METHOD OF TRANSACTION
SALE SOLD SHARE
-------- ------------- ---------- -----------------------
4/23/04 1,500 $ 16.90 Open Market Transaction
4/26/04 8,500 $ 17.00 Open Market Transaction
4/27/04 1,000 $ 17.10 Open Market Transaction
6/02/04 500 $ 14.70 Open Market Transaction
10/01/04 10,000 $ 15.20 Open Market Transaction
10/06/04 10,000 $ 15.50 Open Market Transaction
10/06/04 6,000 $ 15.50 Open Market Transaction
10/07/04 1,000 $ 15.50 Open Market Transaction
10/11/04 4,000 $ 15.50 Open Market Transaction
Except for the transactions described in this Item 5 of this Schedule 13D,
during the last sixty (60) days there were no transactions effected by the
Reporting Person with respect to the Company Common Stock.
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(d) Except as set forth in this Item 5, no person other than each
respective record owner referred to in this Schedule 13D of securities is known
to have the right to receive or the power to direct the receipt of dividends
from, or the proceeds from the sale of, such securities.
(e) N/A.
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.
Dated: October 14, 2004
JACK FUTTERMAN
By: /s/ Jack Futterman
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Name: Jack Futterman
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