RECEIVED
STATE OF ILLINOIS
POLLUTIONCONTROLBOARD
.~‘
JAMES R.
THOMPSON CENTER
~Rt”!i
2 2004
100 WEST RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
~
BEFORE THE
POJT~ONCONTROL BOAF~ij
ILLINOIS POLLUTION CONTROL BOARD
L.ERICKSON
)
Complainant,
)
)
v.
)
PCB04-26
)
CHARLESTON CLASSIC HOMES,
)
INC., and LAWRENCE E. VAN
)
SOMEREN, JR.
)
Respondent.
)
RESPONDENT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Now Comes Respondents CHARLESTON CLASSIC HOMES and LAWRENCE E. VAN
S OMEREN, JR. (hereinafterreferredto as “Respondent”), byand through theirattorneys, THOMAS
A. APPEL and APPEL
&
APPEL, LTD., and pursuant to Section 101.614 request that you produce
the documents listed below for inspection, copying, and production within twenty-eight (28) days
ofthe date ofthis Requestat the offices ofAPPEL
&
APPEL, LTD., 18607 Torrence Avenue
-
Suite
2A; Lansing, Illinois 60438.
Documents to be Produced:
1. Any documents or other data in your possession which identify the dates on which the
Respondent violated any ofthe following sections: 415 ILCS
5/23,24,25
Title
35
Subtitle H Section
900.101, 900.102.
2. A copy ofany documents or data in your possession which establish the hours on any of
the above dates in which you contendthat Respondent violated
:
415 ILCS 5/24 and Title
35,
Illinois
Administrative Code Subtitle H Section 900.102.
3. A
copy ofany tape orsound recordings which you intend to introduce as evidence at the
hearing of this claim.
4. A copy ofany photographs which you intend to introduce as evidence at the hearing of
this claim.
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5.
A copy ofany and all documents which you intend to introduce-as evidence at the hearing
of this claim.
-
6. Any documents which establish the dates during which Complainant moved out of her
home due to noise between July 1, 2003 and the present date.
7. A copy ofall prescriptions or any documents establishing over-the-counter medications
which Complainant alleges were purchased as a result ofany noise generated by Respondent.
8. Any documents establishing the date of any visits to physicians, therapists, or any type
of health care provider which Complainant alleges were the result ofany noise generated by the
Respondent.
9. A copy ofComplainant’s tax returns for the years 2001, 2002 and 2003.
10. A copy of all pay stubs, W-2s, or any other documents which give evidence of any
earnings orincome derived by the Complainant from any occupation between January 1, 2001 and
the present date.
11. All documents which Complainant intends to introduce into evidence at the hearing
which purport to document any headaches, stress, or inability to concentrate incurred by
Complainant.
•
12. All documents which show the expenses incurred by Complainant arising from any
alleged move from her home purportedly due to the noise generated by Respondent.
13. A copy ofall communication or correspondence with Respondent between January 1,
2003 and the present date.
14. A copy ofany and all communications to or from any employees or agents ofthe Village
of Wheaton relating to the alleged noise generated by the Respondent.
15.
A copy ofany “actual documentation from inside Complainant’s property of excessive
and prolonged noise generated from the construction” as alleged in Complainant’s response to
Complainant’s Response to Formal Complaint, dated October 16, 2003.
16. All statements obtained by Complainant from any neighbor relating to the noise
generated by Respondent.
17. Complainant’s medical records forthe years 2001, 2002 and 2003.
CHARLESTON
/
ASSIC I-IOME
,
INC.
LAWRENC
VAN SOrV)~RE
,
JR.
BY:
/
2
CERTIFICATE OF SERVICE
I, the undersigned, certify that Ihave served the attached Interrogatones byregularU.S. Mail,
upon the following persons:
Clerk, Illinois Pollution Control Board
tOO West Randolph Street
James R. Thompson Center
-
Suite 11-500
Chicago, Illinois 60601-3218
Carol Sudman
Hearing Officer
ILLINOIS POLLUTION CONTROL BOARD
1021 N. Grand Ave. E
P.O. BOx 19274
Springfield IL 62794-9274
Lynn Erickson
/
Whea,16O
•
_______
//
/
/~
Thomas A.~’Appe,Afto~-ney
‘if’
Thomas A. Appel
-
APPEL & APPEL, LTD. #9 1575
18607 Torrence Avenue
-
Suite 2A
Lansing, Illinois 60438
708-474-8800
3