CLERR~S~
Nov
2 4 W03
ILLINOIS POLLUTION CONTROL BOARD
Pol/utio~
STATE
Op
Control 8oard
TERESA L. SHEPRO, as Trustee of the
)
Justice W. Shepro Trust,
)
and TERESA L. SHEPRO and
)
FRANK WIEMERSLAGE, as
)
beneficiaries under Trust No. 898, ofthe
)
Chicago Trust Company,
)
Complainant,
)
)
vs.
)
Case No. PCB 04-12
)
NEWBY OIL COMPANY, DAVID E.
)
TRIPP and JANICE L. TRPP,
)
Respondents.
)
ANSWER TO AMENDED COMPLAINT
NOW COME,
the Respondent, NEWBY OIL COMPANY, by its attorneys, KINNALLY,
KRENTZ, LORAN, HODGE & HERMAN, P.C., and for its answer to the amended complaint of
the Plaintiffs allege as follows:
Count
1—Newby
1.
Deny.
2.
Deny.
3.
Deny.
4.
Deny.
5.
Admit.
6.
Admit.
7.
Deny.
8.
Admit.
1
9.
Deny.
10.
Deny.
11.
Deny. Further answering, statethe factto be that any contamination hasbeen the sole
result ofPetitioners’ prior pollution ofthe site.
12.
Deny.
13.
Deny.
14.
Deny, including specific denials ofsubparagraphs (a), (b), (c), (d), (e), and (f).
15.
Deny.
16.
Deny.
WHEREFORE,
Defendant, NEWBY OIL COMPANY, prays that all of the relief prayed
forby Complainants in Count I be denied and that these Defendants have its costs of suit.
Count II—Tripp
Respondent, NEWBY OIL COMPANY, makes no answer to Count lIof the Complaint as
no relief is asked for in that Count against NEWBY OIL COMPANY.
NEWBY OIL COMPANY
KINNALLY, KRENTZ, LORAN, HODGE & HERMAN, P.C.
By:
~
~
William C. Murphy, one ofth ‘r~at~pi~)ys
William C. Murphy
Attorney No. 1998838
KINNALLY, KRENTZ, LORAN, HODGE & HERMAN, P.C.
2114 Deerpath Road, P.O. Box 5030
Aurora, Illinois 60507-5030
630/907-0909
2
STATE OF ILLINOIS
)
)
SS
COUNTY OF KANE
)
CERTIFICATE OF SERVICE
The undersigned, being first duly sworn on oath, deposes and states that she did deposit a copy
of the foregoing Answer
to Amended Complaint
in a United States Post Office Box in the City
ofNorth Aurora, Kane County, Illinois, before the hour of6:00 p.m., with United States postage
fully prepaid thereon, on the /9-~ayofNovember, 2003, enclosed in an envelope properly and
securely sealed and plainly addressed as follows:
TO:
Pollution Control Board
Clayton L. Lindsey
100 W. Randolph Street, Suite 11-500
WILLIAMS & McCARTHY
Chicago, IL 60601
P.O. Box 339
Oregon, IL 61062
Keith L. Foster
CLIFFE, FOSTER, CORNEILLE & BUICK, P.C.
151 W.Lincoln Highway
DeKaib, IL 60115
~z
~
SUBSCRIBED and SWORN TO before
me this_~J41ayof
~-~7o~,zeqi~eJ,
2003.
NOTARY PUBLIC
OFFICIAL SEAL
FAVIOLA CAR MONA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11~27~2OO6