THE THEODORE KOSLOFF TRUST

(As formed by the Irrevocable Agreement of

Trust of Theodore Kosloff, dated

December 6, 1989, for Rachel Kosloff and

Abigail Kosloff, a Pennsylvania trust)

Complainant,

V .

A&B WIREFORM CORPORATION

Respondent .

chi-fsI\49123401

State of Illinois

POLLUTION CONTROL BOARD

JAMES R

. THOMPSON CENTER

100 W. RANDOLPH STREET, SUITE 11-500

CHICAGO, ILLINOIS 60601

MOTION FOR DEFAULT JUDGMENT

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

PCB 06-163

REC E

IVIE

D

AUG 10 2006

Pollution

STATE OF

Control

ILLINOISBoard

---

I .

Complainant's name, street address, The Theodore Kosloff Trust

county, state :

c/o Sean Bezark

Greenberg Traurig, LLP

77 West Wacker Drive, Suite 2500

Chicago, IL 60601

Phone: (312) 476-5027

2.

Place where Complainant can be

The Theodore Kosloff Trust

contacted during normal

c/o Sean Bezark

business hours :

Greenberg Traurig, LLP

77 West Wacker Drive, Suite 2500

Chicago, IL 60601

Phone : (312) 476-5027

3.

Name and address of Respondent

: A&B Wireform Corporation

ATTN : Mr

. Connor Creevy

7525 Industrial Drive

Forest Park, IL 60130

4.

Complainant filed a Formal Complaint against Respondent before the Illinois Pollution

Control Board (the "Board") on May 3, 2006

.

5.

Complainant served the Formal Complaint upon Respondent by Certified United States

Mail on May 3, 2006

; Respondent accepted delivery of the Formal Complaint on

May 8, 2006 .

6 .

Neither Respondent nor Respondent's attorney have filed an appearance in the case

.

7 .

Neither Respondent nor Respondent's attorney appeared for the status conference on

June 29, 2006 with the Hearing Officer in this case

.

8 .

Neither Respondent nor Respondent's attorney appeared for the status conference

on July 20, 2006 with the Hearing Officer

.

9.

Neither Respondent nor Respondent's attorney appeared for the status conference on

August 10, 2006 with the Hearing Officer .

10.

Respondent failed to file an answer to the Formal Complaint within 60 days after it

received the Formal Complaint .

Now comes the Complainant which hereby moves and respectfully requests that the Board find,

rule and issue an Order that

:

1 .

Because Respondent has failed to timely file an answer to the Formal Complaint, all

allegations in the Formal Complaint are taken as if admitted by Respondent for purposes

of this proceeding .

2 .

Respondent shall pay to Complainant all costs Complainant incurred to investigate and

remediate the contamination caused by Respondent as described in the Formal Complaint .

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3.

Respondent shall cease and desist its chemical and state waste storage practices in the

northwest corner of its parking lot and shall conduct a subsurface investigation and any

required remediation in the vicinity of the drum storage area described in the Formal

Complaint (and provide the results of that investigation and remediation to Complainant)

.

Sean Bezark, n t personally, but solely as attorney for The Theodore Kosloff Trust

CERTIFICATION

I, Sean Bezark, not personally, but solely

as

attorney for The Theodore Kosloff Trust, state that I

have read the foregoing and that it is accurate to the best of my knowledge

.

Subscribed to and sworn before me

this 10th day

of August, 2006

.

otary Public

My commission expires:

I I

I

I'1 0

"OFFICIAL SEAL"

Lilla Razik

Notary Public, State of Illinois

My Commission Exp

.11118/2009

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CERTIFICATE OF SERVICE

I, the undersigned, on oath or affirmation, state that on August 10, 2006, I served the attached

Motion for Default Judgment on the respondent by

: (check appropriate line)

,X

certified mail (attach copy of receipt if available, otherwise you must file

receipt later with Clerk)

registered

mail (attach copy of receipt if available, otherwise

you must file receipt later with Clerk)

messenger service (attach copy of receipt if available, otherwise you must

file receipt later with Clerk)

personal

service (attach affidavit if available, otherwise you

must file affidavit later with Clerk)

at the address below

:

RESPONDENT'S ADDRESS :

A&B Wireform Corporation

7525 Industrial Drive

Forest Park, Illinois 60130

Notary Public

My commission expires :

1) 6107

"OFF! IAL SEAL"

Lilla Razik

Notary Public, State of Illinois

My Commission Exp.11/1812007

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Sean W. Be k

Greenberg Traurig, LLP

77 West Wacker Drive, Suite 2500

Chicago, Illinois 60601

Subscribed to and sworn before me

this 10 a' day

August, 2006.