CLERK~S
~
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
SEp
.~
~
2003
STATE
PEOPLE
OF THE
STATE OF
ILLINOIS,
)
~‘
iLLJJ~js
°fltro/2°ard
Complainant,
)
)
V.
)
PCB
NO.
02-177
)
(Enforcement)
JOHN
PRIOR,
dibla
PRIOR OIL COMPANY,
)
and JAMES MEZO,
dlbla
MEZO OIL
)
COMPANY,
Respondents.
)
NOTICE OF FILING
To:
John Prior
James
Mezo
421
North
Morrison
418 East Main
Street
Central
City,
Illinois 62801
P.O.
Box 220
Benton,
Illinois 62812
PLEASE TAKE NOTICE that on this
date
I
mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois,
a
NOTICE TO APPEAR,
a copy of which is attached
hereto and herewith
served
upon you.
Respecifully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_____________
SALL’Y1~A.CARTER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217I782-9~31
Dated:
c1/~15/d3
CERTIFICATE OF
SERVICE
I
hereby
certify
that
I d!d on the 8th day of September, 2003,
send by First Class
Mail,
with
postage thereon fully prepaid,
by depositing in
the United
States
Post Office
Box a true and
correct copy of the following
instruments entitled
NOTICE OF FILING
and NOTICE TO
APPEAR
To:
John
Prior
421
North
Morrison
Central
City,
Illinois 62801
James Mezo
418 East Main
Street
P.O.
Box 220
Benton,
Illinois 62812
and
the original and
five copies by First Class Mail with
postage thereon fully prepaid of the
same foregoing
instrument(s)
To:
Dorothy Gunn, Clerk
Pollution
Control
Board
100 West Randolph, Suite 11-500
Chicago,
Illinois 60601
A true and
correct copy was
also sent
to:
Carol Sudman
Hearing
Officer
Pollution
Control
Board
1021
North
Grand Avenue East
Springfield,
Illinois 62794
SALLY/\. CARTER
Assistant Attorney General
This filing is submitted on
recycled paper.
4E~E
CE
.~
V EO~
•LERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
SEP
112003
PEOPLE
OF THE STATE
OF
IWNOIS,
)
STATE OFILLINOIS
~~~~UtiOn
Controi Board
Complainant,
)
)
V.
)
PCB NO.
02-177
(Enforcement)
JOHN PRIOR,
dlbla
PRIOR OIL
COMPANY,
and JAMES MEZO,
dlbla
MEZO OIL
)
COMPANY,
Respondents.
•
NOTICE
TO
APPEAR
To:
John
Prior
421
North
Morrison
Central City,
Illinois
62801
YOU ARE HEREBY NOTIFIED
THAT, pursuant to
Supreme Court Rule 237(b), you
are
hereby directed to
appear at the September 15,
2003,
hearing
at
10:00 a.m.
before
Hearing
Officer Carol Sudman at Courtroom 2, Washington
County Courthouse,
Nashville,
Illinois, and
produce the following documents:
1)
All federal and
state personal
income tax records
including all schedules
of Mr.
John Prior for 1996 through 2002.
2)
All federal and
state
income tax
records including
all
schedules of Prior Oil
Company for 1996 through 2002.
3)
All financial records for John
Prior and
Prior Oil Company, including the following
information
and
documents:
loans
received during
and since
1996,
the source of
each
loan,
payment schedules
for and
since
1996,
contracts relative to the oil
and
gas
operation
executed in
and since
1996,
statements of expenses for and
since
1996,
all versions of business plans developed
in
and
since
1996,
personal
and
business bank statements for and since
1996,
personal
and
business
balance
sheets for and since
1996,
statements of assets
and
liabilities for and
since
1996,
all personal and
business
insurance
policies
in
effect in and
since
1996 relative to any operation
conducted by John
Prior and/or
Prior Oil
Company.
4)
All documents and
information pertaining to the following:
all financial or in-kind
assistance from
business, industry associates or other
investors in
the form of
direct financial income or in-kind
income, and
financing for John
Prior and/or
Prior Oil Company.
5)
All documents and information pertaining
to
funds, investments,
savings and/or
checking
accounts held by Mr.
Prior individually or with others jointly between
January 1,
1996,
and the present.
6)
All documents and
information pertaining to
any and all
loans obtained
or held by
Mr.
Prior,
his spouse,
and/or Prior Oil Company within the past three
years.
This
includes any and all financial
statements or other documents relating
to financial
status
submitted
to any financial
institution for the purpose of obtaining such
loan,
and
any loan applications submitted
by John
Prior, his spouse and/or Prior
Oil Company.
7)
All financial statements that were prepared
by, or for John
Prior,
his
spouse
and/or Prior Oil Company for the purpose
of acquiring any loans,
for monthly
reporting
purposes,
balance sheets,
income statements,
changes
in
equity or
capital funding or for any other purpose for the years
1996 through the present.
8)
All federal and
state
personal income tax records
including
all schedules
of John
Prior’s spouse,
Betty Prior, for 1996 through 2002.
9)
All documents
and
information pertaining
to
any real property currently owned or
owned
since January
1,
1996,
through the present by
John
Prior,
his
spouse
and/or Prior Oil Company.
10)
All
documents and
information pertaining
to
any interest that John
Prior, his
spouse and/or Prior Oil Company has
in
the following:
stocks,
bonds or other
securities;
mortgages on real
property or personal
property;
promissory notes,
•
drafts,
bills of exchange or other commercial paper; judgments; jewelry or
antiques; stamp collections, coin collections,
gun collections
or other types of
collections; savings bonds;
motor vehicles, recreational vehicles, or trailers;
patents, inventions, trade names, trademarks
or copyrights; joint ventures or
other business enterprises;
and warehouse receipts,
bills of lading
or other
documents of title.
11)
All documents and information pertaining to any interest that John
Prior, his
spouse and/or Prior Oil Company has
in the estate of any deceased
person, any
trust,
any will, any insurance
policy.
12)
All documents and
information pertaining
to
any independent audit or audits
made of the financial
condition of John
Prior and/or Prior Oil Company in the
years
1996 through the present.
13)
Any and all documents and information
responsive
to the lnterrogatories
Directed to John
Prior, d/b/a
Prior Oil Company and Request for Production
Directed
to
John
Prior, d/b/a Prior Oil Company mailed
to John
Prior on
July 30,
2003.
The Interrogatories and
production requests are
attached
and
incorporated
by reference herein.
Respecifully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State
of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
/
•
,~
I.
BY:
,~-,‘-‘-.‘
(j~C~
•
SALL.~IA.CARTER
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
-
-
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...•
—
——
.-..—•‘-.—‘
.••.*•_.
•.t
—
—
BEFORE THE iLLINOiS
POLLUTION
CONTROL BOARD
PEOPLE
OFTHE STATE OF
)
ILLINOIS,
)
)
Complainant,
)
)
vs.
)
No.
)
(Enforcement)
JOHN
PRIOR,
dibla
PRIOR
OIL
)
COMPANY,
and
JAMES
MEZO,
)
dlbla
MEZO
OIL
COMPANY,
)
)
Respondents.
)
NOTICE
OF SERVICE OF DISCOVERY
DOCUMENTS
To:
John
Prior
James Mezo
421
North
Morrison
418
East Main
Street
Central City,
IL 62801
P.O.
Box 220
Benton,
IL
62812
PLEASE TAKE
NOTICE
that
I
have
today
served
on the Respondent,
John
Prior,
d/b/a
Prior Oil Company, the following discovery document in
the above-referenced
matter.
1.
INTERROGATORIES DIRECTED TO JOHN PRIOR, d/b/a PRIOR OIL COMPANY
2.
REQUEST FOR PRODUCTION
DIRECTED
TO JOHN PRIOR, d/b/a PRIOR
OIL
COMPANY
•
Respectfully submitted,
•
PEOPLE
OF THE STATE OF
1LLINOIS
LISA MAD IGAN
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN,
Chief
Environmental
EnforcementlAsbestos
Litigation
Division
BY:~dh~
~
SAL1~/A.
CARTER
Assistant Attorney General
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
July 30,
2003
-
- -
•
•..
--
~-a..
-
-•
•
•
CERTIFICATE
OF SERVICE
I
hereby certify that
I
did on July 30, 2003,
send by First Class
Mail, with
postage thereon
fully prepaid, by depositing
in
a United States Post
Office Box a true and
correct copy of the
following instrument entitled NOTICE OF SERVICE
OF DISCOVERY DOCUMENTS
To:
John
Prior
James
Mezo
421
North
Morrison
418
East Main
Street
Central
City,
IL 62801
P.O.
Box 220
Benton,
IL 62812
and
the original and five copies
by
First Class
Mail with postage thereon fully prepaid of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
State
of Illinois Center
Suite 11-500
100 West Randolph
Chicago,
Illinois 60601
A copy was
also sent by First Class
Mail with
postage thereon fully prepaid
To:
Carol Sudman
Hearing
Officer
Pollution
Control Board
600
South Second Street
Springfield,
IL
62706
(
Sally A.~arter
Assistant Attorney General
This filing is submitted
on
recycled paper.
•
.—.••,.
.• •.--
. •.
•.,•~ —~‘-• ..
•
•
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
PEOPLE OF THE STATE OF ILLiNOIS,
)
)
Complainant,
)
)
v.
)
PCB
NO.
02-177
JOHN
PRIOR
dlb/a
PRIOR
OIL
COMPANY
)
and
JAMES
MEZO
dlbla
MEZO
OIL
)
COMPANY,
•
)
Respondents.
)
INTERROGATORIES
DIRECTED
TO JOHN PRIOR
dlbla
PRIOR OIL
COMPANY
NOW
COMES the Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA
MAD1GAN, Attorney General of the State of illinois,
and
propounds these
Interrogatories to
John
Prior
d/b/a Prior Oil Company (“Respondent” or “Prior”) pursuant to 35
Ill. Adm.
Code
101.620 and
requests that the Respondent answer these Interrogatories within
28 days:
DEFINITIONS AND
CONSTRUCTION
A.
As
used
herein, the words
and
phrases set out below shall have
the meaning or
meanings
as follows:
1.
“Respondent” or “Prior” shall mean
John
Prior d/b/a Prior Oil Company and
any
other related entities
owned and/or operated
by John
Prior.
2.
“You” or “your” shall mean
the Respondent,
related entities or any other person
or persons
acting
for, or purportedly acting
on
behalf of or
in concert with, the Respondent.
3.
“Communication” means
or refers to all
inquiries,
discussions,
conversations,
negotiations,
agreements, contracts,
letters,
correspondence,
notes,
telegrams,
telexes,
videotapes or other terms
of written
or verbal communication.
4.
“Document”
as that term
is used
herein, includes any and
all
manner of written,
typed, printed,
reproduced,
filmed or recorded
material, ;~nd
all
photographs,
pictures,
plans,
or
1
other representations of any kind of anything pertaining, describing,
referring or relating, directly
or indirectly, in whole or in
part,
to the subject matter of each
paragraph of these
Interrogatories. The term “documents”
as used
herein, includes but is not limited to,
papers,
books, journals,
ledgers, statements,
memoranda, reports, invoices, work sheets, work papers,
notes, transcriptions of notes,
letters,
correspondence,
abstracts,
checks, diagrams, maps,
surveys, plans, films,
photographs, diaries,
lists, logs,
publications, advertisements, instructions,
minutes,
orders, purchase orders,
messages,
resumes, summaries,
agreements,
contracts,
telegrams,
telexes, cables,
recordings, audio tapes, magnetic tapes, videotapes,
transcriptions
of tapes or records, calculator or computer tapes, books, pamphlets, leaflets,
announcements,
bulletins,
publications, journals,
newsletters,
or other periodicals, agendas, opinions,
charts,
tabulations, digests, calculations, studies, expert analysis,
evaluations,
manuals, guides,
research
papers,
articles,
e-mails,
or other writing or tangible things on which any handwriting,
typing, printing, photostatic or other forms of communications or information are recorded
or
reproduced,
as well as all
notations on the foregoing,
in the possession
of Respondent, John
Prior and/or Prior Oil
Company his attorneys, agents
or employees.
5.
“Identification” or “identify” shall mean:
a.
As to an
individual, stating
his or her:
•
name;
ii.
current address, or if that is unknown,
his
last known address;
profession or occupation;
iv.
current business
affiliation,
title and current business address;
v.
the business
affiliation, business
address,
and
the correct title of
such persoii with
respect to
the business, organization
or entity
with which
he or she was associated
and
the capacity
in which
such
person acted
in connection
with
the subject matter of this
Interrogatory:
2
•
-•
—~
vi.
whether such
person has given you or anyone affiliated wIth
you a
statement
in writing, or in any other tangible or permanent form,
which in any way bears upon or relates to the subject matter of
the Interrogatory or to the facts alleged in the Complaint on file
herein; and
vii.
whether such
person has
given you or anyone affiliated with you
an
oral statement, and,
if so, whether any of the substance of
such communication
has
been reduced
to tangible or permanent
form whether by way of written
memorandum, transcript,
recording or other means.
b.
As to any person other than an
individual stating:
i.
its
legal name and any other
names
used
by it;
ii.
the form or manner of its organization (e.g.,
partnership,
trust,
corporation,
etc.); and
-.
iii.
the state of its incorporation
(if it is incorporated) and
the address
of its
principal place of business.
c.
As
to a document,
stating:
the date
of its creation,
execution
and
receipt;
ii.
its author
or signatory;
iii.
its
addressee and
any other recipient;
iv.
its type or nature (e.g.,
letter,
memorandum,
etc.),
including
its
subject matter (which
shall be stated with
particularity);
v.
the identity and
business and
home
address of the custodian;
and
vi.
the present location of the document.
d.
As
to an
event, incident, conversation,
transaction or occurrence, stating:
its date;
ii.
the place where
it took place
and
the manner of its
occurrence;
iii.
the identification of
all
the participants:
iv.
its:
.rpose
and
subject matter; and
v.
a description of what transpired.
3
6.
•
If dates are requested
in the interrogatories,
the exact date should be given if
possible.
However, if the exact date cannot be determined due to absence or inadequacy of
records, the best estimate should
be given as to the interrogatory and labeled as
such.
7.
“Related to” or “relating to” and
“concerning” shall mean
directly or indirectly,
mentioning or describing,
pertaining to,
being
connected
with, or reflecting upon a
stated
•matter.
8.
As
used herein, the terms “any” and
“all” also include “each
and
every”.
9.
“Relied
upon” shall mean
being or having been depended
upon or referred
to or
being
or having
been arguably appropriate for such
reliance.
10.
In
construing these interroga tories:
a.
The singular shall include
the plural and
the plural shall include
the
•
singular;
b.
•
A
masculine, feminine
or neutral pronoun
shall not exclude the other
genders;
and
c.
The terms “and”
as well as
“or” shall be
construed disjunctively or
conjunctively as necessary in order to
bring within the scope of the
interrogatory all
responses which might otherwise
be construed to
be
outside its scope.
11.
“Gompers
site” shall refer to
the Respondent’s facility located
at 140
Gompers
Street in
Wamac,
Washington
County,
Illinois.
12.
“Park site” shall refer to
the Respondent’s facility
located at the Wamac City Park
in Wamac,
Washington
County,
Illinois.
13.
“Mezo
Oestreich site” shall refer to several above ground
tank batteries
used
to
store crude
oil, specifically including
the
Mezo
Cestreich #1
tank
battery located at 224
Wabash,
Wamac,
VVashington
County,
Illinois.
14.
“Morgan Kalberkamp~ite”
shall refer to tft~Morgan Kalberkamp #1
tank located
in
close
proximity to
312 Wabash
in Wamac,
Washington
County, lllino~.
4
/
15.
“Person” shall have
the meaning
as set forth
in Section 3~26
of the Illinois
Environmental Protection Act,
415 ILCS 5/3.26 (2002).
16.
“Illinois
EPA” shall refer to
the Illinois Environmental
Protection Agency.
17.
“Mezo” shall referto James
Mezo d/b/a
Mezo Oil Company.
II.
INSTRUCTIONS
1.
To the extent that any information called for
by these
interrogatories
is unknown
to you, so state, and
set forth such
remaining
information as is known.
In
addition,
if any
estimate or approximation can
reasonably be made
in
place of unknown
information, set forth
your best estimate or approximation,
clearly designated as such,
in
place of such unknown
information, and describe the basis
upon which the estimate or approximation
is made.
2.
Each interrogatory is intended to,
and does
request that each
and
every part and
particular thereof be
answered with the same force and
effect as
if each part and
particular
were the subject of,
and
were asked
by, a separate interrogatory.
3.
In the event that you refuse
to
answer any interrogatory, or portion thereof,
on
the
basis that
it is subject to
the attorney-client or attorney’s work product privilege, or on any
other basis,
the following information shall
be supplied:
a.
A numerical
list of the documents for which
limitation
of discovery is
claimed, including:
1.
the nature of the claim or privilege;
2.
all facts
relied
upon
in support of the claim or privilege;
3.
the name
of the writer, sender or initiator of such
document,
if
any;
•
4.
the name of recipient, addressee, or party for whom
such
-
document
was
intended,
if any;
5.
the date of ~ch
document,
if ar~,or estimate thereof and so
indicated
as an
estimate
if no date
appears
on
said
document;
5
•
6.
all persons having knowledge
of any facts related to
the
claim of
•
•
privilege; and
7.
the general subject matter as described on
each document,
or, if
•
—
no such description
appears, then
such other description sufficient
to identify said document.
b.
A concise description
of all conversations or other matters for which the
privilege is asserted,
noting
1.
the nature of the claim or privilege;
2.
all facts relied
upon in support of the claim or privilege;
3.
the parties
to each conversation;
4.
the date of each conversation;
5.
all persons
having knowledge
of any facts related to
the claim of
privilege;
and
6.
the subject matter of each conversation.
4.
These interrogatories shall
be
deemed continuing,
so as
to require
prompt
additional
answers ~f,and as soon
as,
further information
is obtained between the time answers
hereto are served and
the time of trial.
5.
In answering
these
interrogatories, you are to
identify, with
regard
to each
interrogatory,
each
person who
furnished information
used
in your answer to
said interrogatory,
if said
answer is not based
in
its entirety on the personal
knowledge of the individual
executing
and
signing your answers
to
interrogatories.
6.
In
answering
each interrogatory:
a.
Provide the full
name,
address and
current position or title of each
person
answering the interrogatory.
b.
State whether the answer is within th~personal
knowledge
of the person
~nsweringthe interrogatory
and,
if not,
the identity
of each person known
to
have
personal
knowledge of the answer;
and
c.
Identify
each document that was
used
in
any way to formulate
the
answer.
5
•
INTERROGATORIES
Interrogatory
No.
1:
Identify all sources of income, including
assistance from business,
industry associates or other investors in
the form of direct financial income or in-kind income,
and financing for John Prior and
Prior Oil Company, including
but not limited to the following
documents and
information: statements of annual income for and
since
1996,
loans received
during and since
1996 and the source of each
loan, loan payment schedules
for and since
1996,
contracts relative to oil operation
executed in and
since
1996,
personal
and
business
(corporate) income tax returns filed for and
since
1996,
statements of expenses
prepared for
and since
1996,
information
regarding any and
all financial or in-kind
assistance from business,
industry associates or other investors.
Answer:
Interrogatory No.
2:
Please state all
banks, savings and
loan institutions,
trust
companies
and
other financial institutions in which you, jointly with
others or individually, have
had funds, investments,
savings and/or
checking
accounts
between January
1,
1996,
and the
date
of answering these
interrogatories.
As to each
account,
state:
a.
The maximum amount of funds
at any one time
in
such
account between
January
1,
1996,
and
the amount of funds
in such
account as of the date
of
answering
thes~...~nterrogatories;
b.
The number and
type of such
account;
7
c.
The address of the financial institution jnwhich such account is located; and
d.
The name,
address,
present location, and employer of any other person who has
authority to
draw funds from such account.
Answer:
Interrogatory
No. 3:
Identify the banking or other financial institution utilized
by the
Respondent and/or
Respondent’s spouse.
State whether Respondent and/or Respondent’s
spouse had obtained
or held any loan from such
institution within the last three years.
If any
loan
has been obtained, answer the following:
a.
Identify each
institution from which a
loan
has been obtained or held
and identify
the amount of the
loan obtained;
b.
Identify any financial
statements or other documents relating
to financial
status
submitted
to any financial
institution for the purpose of obtaining such
loan;
c.
ldentify any loan applications submitted
by
the Respondent or Respondent’s
spouse;
d.
Identify each
payment on
each
such loan,
including
the amount and
date of
payment.
Answer:
8
Interrogatory
No
4
State and descnbe any contacts or inquines made by,
orfor, the
Respondent or Respondent’s spouse relating to
seeking loans or other financing from any bank
or other financial
institution during
1996 through the present.
As to any such
contact or inquiry,
answer the following:
a.
Identify each contact or inquiry made;
b.
Identify each
bank or financial institution contacted;
c.
Identify each person contacted;
d.
Identify the date of each contact;
e.
Identify the nature of each contact (whether verbal or written);
f.
Identify any documents related to
such contacts.
Answer:
Interrogatory
No.
5:
Identify any financial statements that were
prepared
by, or for,
Respondent,
or Respondent’s spouse for the purpose of acquiring any loans,
for monthly
reporting
purposes,
balance sheets, income
statements, changes
in equity
or capital funding
or
for any other purpose for the years
1996 through the present.
Answer:
9
Interrogatory No.
6:
Identify alt documents which the Respondent or Respondent’s
spouse may have
used to acquire outside funding, or to acquire funding
from other operations
or related entities.
Answer:
Interrogatory No.
7:
Please set forth
by year, the revenue or gross receipts received
by Respondent as
a result of the operation of Prior
Oil Company for the most recent 10 years
of
operation.
Answer:
Interrogatory No.
8:
If the Respondent is married,
and
his
spouse is employed,
is in
business or has any other source
of income, give the name
and address of such
employment,
business, or source of income
and
the salary or income derived
therefrom.
Answer:
10
Interrogatory No.
9:
Does the Respondent or the Respondent’s spouse presently own
any real property
or have they owned any since January 1,
1996?
a.
Describe who owns the property, where
it is located,
how title is held,
the
size
and
type of property, and the value of the Respondent’s equity interest in the
property;
b.
When was
the
real
property purchased;
c.
How much was paid for
it;
d.
Balance of any existing mortgage;
e.
In whose name
is the mortgage;
f.
Are there any liens on
the property;
g.
Who
makes
the mortgage payments;
h.
What is the fair market value of the property;
Answer:
Interrogatory No.
10:
Does
the Respondent or Respondent’s spouse
own
or have any
interest
in
any of the following:
a.
Stocks,
bonds or off er securities;
•
b.
Mortg~es
on
real
property or personal property;
11
c.
Promissory notes, drafts,
bills of exchange or other commercial paper
d.
Judgments;
e.
•
Jewerly or antiques;
f.
Stamp collections, coil
collections
gun
collections, or other types of collections;
g.
Savings bonds;
h.
Motor vehicles, recreational vehicles, or trailers;
Patents, inventions,
trade names, trademarks, or copyrights;
j.
Joint ventures or other business enterprises;
k.
Warehouse receipts,
bills of
lading, or other documents of title;
and
For each
item of property,
give the approximate value, identify each item
sufficiently to allow
verification of value,
and state
whether the property is subject
to
any form of security interest,
lien or encumbrance.
Answer:
Interrogatory
No.
11:
Does
Respondent have
any possible
claim or cause of action
against another person because of tort, contract,
land contract,
or
loan.
Answer:
12
InterrQgatory No.
12:
Does Respondent or Respondent’s spouse have any interest in
the estate of any deceased person?
If so, give full
particulars of each
interest.
Answer:
Interrogatory
No. 13:
ls the Respondent or Respondent’s spouse the beneficiary of any
trust?
If so,
give the particulars of each trust.
Answer:
Interrogatory
No.
14:
Is the Respondent the beneficiary of any will or policy of
insurance?
If so,
give the particulars of each will or policy.
•
Answer:
13
Interrogatory No.
15:
Are there any
judgments of record against the Respondent?
If so,
give the dates,
amounts, the courts where rendered, the name of the judgment creditors, and
the amount of payments, if any, made toward the judgment.
Answer:
Interrogatory
No.
16:
What is the total of the Respondent’s liabilities?
Answer:
Interrogatory
No.
17:
Please state
the Respondent’s Social Security
Number.
Answer:
14
•
••t
•
•
Interrogatory No.
18:
State
whether there has been
an
independent audit oraudits
•
made of the financial condition of the Respondent, John Prior and/or Prior Oil Company in the
years 1996
through
the present.
If such
an audit has been conducted, identify the persons
who
made such an
audit, the date of such
audit, and any documents produced during
the
course of,
and
as a result of such
audit.
Answer:
Interrogatory
No.
19:
Have you in
the past
10 years
created, produced, or
manufactured any articles of value that have
been offered for sale?
If so, state:
a.
What products you
have created
or produced;
b.
The amount or number sold
in each
of the past
10 years;
c.
The total amount received
in each year as
a result of these sales;
d.
Whether you are now engaged
in
the creation or production
of any such
products.
Answer:
~nerrogatoryNo. 20:
Have you, within the p~s~!0
years, nifered
any services
for
15
compensation on a part-time basis?
If so, state:
a.
The type of services offered;
b.
The total compensation received for the performance of these services for each
of the
last 10 years;
c.
Whether you are still
performing these services.
Answer:
Interrogatory No. 21:
Do you or your spouse receive any
income from any business
of
which you or your spouse are the sole proprietor?
If so,
state:
a.
The name
under which the business is conducted;
b.
The type of business conducted;
c.
•
The principal place of business;
d.
What duties you
perform
in connection with
the operation
of the business;
e.
The amount of any salary you
regularly draw from
the business;
f.
The accounting
periods for which profits or losses
are calculated;
g.
The method
employed
to transfer any profits from
the company accounts to your
personal
accounts;
h.
The total amount of all
transfer of money from the
business
accounts
to your
personal
account during
the last 10
years;
The date of the last distribution
of profits
to
you.
Answer:
15
Interrogatory No.
22:
Have you,
at any time in
the last 10 years entered
into any
transaction with your spouse, or other relative,
involving the transfer,
conveyance, assignment,
or other disposition of any of your real or personal property?
If so,
for each transaction,
state:
a.
A
description of the ~ropertyinvolved;
b.
When the transaction took place;
c.
What
consideration was
received
by you;
d.
The name
and address of each
member of your family or other relative involved
in the transaction.
Answer:
Interrogatory No. 23:
Have you,
at
any time in
the last
10
years, transferred
any of your
property, whether real or personal,
to any other person in
consideration
of future support?
a.
A de..~cription
of the property transferred;
b.
When the transfer took
place;
c.
The name ~ir~d
address of each
person to whom
the transfer was
made.
Answ~.r:
17
Respondent Prior is further requested to furnish an Affidavit attesting to the accuracy
and
the•completeness
of these responses.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
•
of the State
of Illinois,
MATTHEW J.
DUNN,
Chief
Environmental EnforcementlAsbestos
Litigation Division
BY:________
•
SALLY
CARTER
•
Assistant Attorney General
Environmental
Bureau
500
South
Second Street
Springfield,
lllinois 62706
21 7/782-9~31,
Dated:
~/.3Z)/Q3
/
I
18
•
•
.
••
•.
•••~
•
-
. -
-~
.•
-• .—-.
-
••
-
BEFORE THE iLLiNOiS POLLUTION
CONTROL BOARD
PEOPLE
OF THE STATE
OF ILLINOIS,
)
)
Complainant,
)
)
V.
)
PCB
02-1 77
)
JOHN
PRIOR d/b/a
PRIOR OIL COMPANY
)
and JAMES MEZO d/b/a
MEZO
OIL
)
COMPANY,
)
)
Respondents.
REQUEST FOR PRODUCTION DIRECTED TO JOHN
PRIOR d/b/a PRIOR OIL COMPANY
NOW
COMES the Complainant, PEOPLE
OF
THE STATE OF ILLINOIS,
by Lisa
Madigan, Attorney General of the State of Illinois,
and
propounds these Requests for
Production
to
the Respondent,
Patrick Robert Land Trust (“Respondent” or “Land Trust”)
pursuant to
35
Ill. Adm.
Code 101.100(b) and
S.
Ct.
Rule 214,
and
requests that the
Respondent produce the materials requested by these Requests for Production within
28 days:
1.
All documents identified
in response
to Complainant’s
Interrogatories.
2.
All documents relied upon in
responding
to
Complainant’s
Interrogatories.
3.
All federal
and
state personal
income
tax records
including
all schedules of Mr.
John
Prior for 1996 through 2002.
4.
All federal
and
state income tax records
including
all schedules
of
Prior Oil
Company for
1996
through
2002.
5.
All
financial
records
for John
Prior and
Prior Oil Company, including the following
information
and
documents:
loans
received during
and
since
19C~6,payment
schedules for and
since
1996,
contracts rel~tiveto
the oil
and g~c
operation
executed
in
and sin~o1990,
statements of expenses icr and
since• 1996,
all
versions
of
business plans developed
in and
since
1996,
personal
and
business
banks statements for and since
1996, personal and business
balance sheets for
•
and since
1996, statements of
assets
and
liabilities for and
since
1996, all
personal
and business insurance polies
in
effect in~and
since
1996 relative to
any operation
conducted by John
Prior or Prior Oil
Company.
Respondent Prior is further requested
to furnish an Affidavit stating whether the
production is complete in
accordance with
this Request.
Respectfully submitted,
PEOPLE
OF THE STATE
OF
1LL1NOIS,
•
ex reL JAMES
E.
RYAN,
Attorney General
of the State of Illinois,
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~
SALLY~.. CARTER
•
Assistant Attorney General
Environmental Bureau
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
• Dated:_______________
2
