CERTIFICATE OF SERVICE

RECEI1VE~

CLERK~SOF~!CE

DEC 1 7 2003

State ofIllinois

)

STATE OF IWNOIS

Pollution1 ControlBoc-~rd

CountyofCook

)

kO~

Affidavit of Carey S. Rosemarin

Proof of Service of Complaint

I, Carey S. Rosemarin, having been first duly sworn, hereby depose and state as follows:

On October 23, 2003, I sent the original and nine copies ofthe complaint in

Mate

Technologies, Inc. v.

F.I. C.

America

(PCB

04-75)

to the Pollution Control Board for filing, by

Federal Express. On the same date, I sent one copy of the complaint by Federal Express to

Timothy J. Harnmersmith, a partner in the law firm ofMasuda Funai, Eifert & Mitchell

(“Masuda Funai”). I sent another copy ofthe complaint by Certified Mail, Return Receipt

Requested, to FTC America’s registered agent, by using the exact name and address that appears

in the records ofthe Illinois Secretary of State:

Masuda, Funai, Eifert & Mitchell, Ltd.

Registered Agent for

F.T.C. America Corporation

One E. Wacker Dr.

Suite 3200

Chicago, TL 6060 1-2002

The “green card” certified mail receipt returned to my office, but for reasons unknown to

me, lacked both the date ofdelivery and a signature ofthe intended recipient. In an October 29,

2003, e-mail to Mr. Hammersmith, I requested FTC America to acknowledge service.

Attachment 1.

Having received no response to my e-mail to Mr. Hammersmith, on October 30, I again

sent the complaint by Certified Mail, Return Receipt Requested, to FTC America’s registered

agent at the address listed in Paragraph 1, above. Yet again, the green card receipt returned with

neither a date ofdelivery, nor signature ofthe intended recipient. True and correct copies ofthe

green cards involved in both attempts to serve FTC are attached hereto. Attachment 2.

On November

2003, Jeremy A. Gibson, another partner in Masuda Funai, agreed to

acknowledge completion of service, and we further agreed to November

2003 as the date of

service.

See

Respondent’s November 12, 2003 Motion for Extension of Time, at

On December 15, 2003, T received a call from a clerk at the Illinois Pollution Control

Page 1 of 2

Board, who stated that the Board’s Order of December 4, 2003 was sent to me, but was returned

unopened. We discovered at that time that due to a clerical error within the Board (since

corrected) that the Board’s Order was sent to an incorrect address. At my request, the clerk faxed

the December 4, 2003 Order to me, and it was first received in the Law Offices ofCarey S.

Rosemarin, P.C. at 4:53 p.m. on December 15, 2003.

The complaint has been properly served on F.T.C. America Corporation.

Further affiant sayeth not.

Carey,.~1~osemarin

Sworn to and subscribed before me this j~lày

II~

ofDecember, 2003.

Jelka

Premoyj~

tary Public, State of Illmois

Commission Exp. 05/21/2005

Page 2 of 2

Carey Rosemarin Tue Dec 16, 2003

Page: 1

E-maU

From:

Carey S.

Rosemarin

Date:

Wed

Oct 29, 03- 12:23

PM - E-mail

To:

Mr.

Timothy

Hammersmith

Subject:

Re: Mate

Technologies,

Inc. v. FIC

America

Corporation

(PCB

04-75)

Contact:

Mr. TimothyJ. Hammersmith

File:

Mate

Technologies-FIC

197/197-062003

Tim:

On October 23, 2003, I served the complaint in the

above-referenced

case on Masuda, Funai, Eifert

Mitchell, in its

capacity as

FIG

America Corporation’s Registered Agent. I sent

the complaint by certified

mail, return receipt requested.

October

27, 2003,

I received the “green card” receipt, but oddly, the receipt bore neither a signature nor a date of

delivery.

I assume that delivery was in fact made, but that the delivery person simply overlooked these important details.

Therefore, assuming Masuda, Funai did, in fact receive the complaint, I would greatly appreciate your so acknowledging by

return e-mail, and advising me of the date of delivery. Alternatively, I have no objection if Masuda Funai agrees to accept

service on the basis of the courtesy copy I sent you by Federal Express. This will save all of us needless expense and

effort. Thank you for your cooperation.

Carey S. Rosemarin

Law Offices of Carey S. Rosemarin, P.C.

500 Skokie Boulevard, Suite 510

Northbrook, Illinois 60062

847-897-8000

csr@rosemarinlaw.com

312-896-5786

(Fax)

312-218-0875 (Cell)

Attachment 1

SENDER:

COMPLETE THIS SECTION

I Qomplet.eltems1 2, and

Also complete

item 4.lf Restricted Delivery Is desired.

• Print your name and address on the reverse

so that we can return the card to you.

• Attach this card to the back of the mailpiece,

or on the front If space permits.

.-.

Article

Addressed to:

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COMPLETE

THIS SECTION oN

DELIVERY

Signature

U Agent

Primed Namo~

C, D~o~

D. Is delivery address different from item 1? 0 Yes

if YES, enter delivery address below:

0 No

2. Micle~Nurn~er

~rin

fl5~ n: flfIfl~ ~ ~5 ~6

(7?~ansferfromservice

PS Form

3811,

AuguSt 2001

Domestic Return Receipt

io2595.02.M1035

SENDER:

COMPLETE THIS SEC liON

COMPLETE THIS SECTION ON DELIVERY

I Complete items .1, 2, and

Also complete

item 4 if Restricted Delivery is desired.

I Print your name and address on the reverse

so that we can return the card to you.

Attach this card to the back of the mailpieco,

or on the front if space permits.

1. ArtIcle Addressed to:

MñS~’M,

FIIIYN,

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A. Signature

0 Agent

0 Addressee

5. Received by

(Printed

Name)

C. Date of Delivery

0. Is delivery address different from item 1? 0 Yes

if YES, enter delivery address below:

0 No

Se~ylceType

~‘Certlfied

Mali

P Express Mali

0 Registered

0 Return Receipt for Merchandise

• 0 Insured Mail

U COD.

•..

4. Restricted Delivery?

(Extra

Fee)

0 Yes

~erv

?01J2 0510 0001

0695 ~945

PS Form 381

AU~uth2001’

Dorne~tidRetüi’n Receipt •

102595-O2-M’

Ser~JceType

~“CertlfledMali

0 Exprass Mail

o RegIstered

0 Return Receipt for. Merchandise

o Insured Mali.

U 0.0.0.

4. RestrIcted Delivery?

(Extra

Fee)

•

0 Yes

Attachment 2

CERTIFICATE OF SERVICE

I, Carey S. Rosemarin, an attorney, hereby certify that I caused a copy ofthe foregoing

“Affidavit of Carey S. Rosemarin: Proof ofService ofComplaint” to be served upon:

Jeremy A. Gibson, Esq.

Mitchell S. Chaban, Esq.

Masuda, Funai, Eifert & Mitchell, Ltd.

One E. Wacker Dr.

Suite 3200

Chicago

IL 60601-2002

by regular U.S. Mail, on December 16, 2003.

Carey S. Rp’emarin

Law O$~esof Carey S. Rosemarin, P.C.

500 Skokie Boulevard, Suite 510

Northbrook, IL 60062

847-897-8000

312-896-5786 (Fax)