THIS FILING SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE ZOHFELD,
    )
    )
    Complainants,
    )
    )
    vs.
    )
    PCB No. 05-193
    )
    (Citizen’s Enforcement, Air)
    BOB DRAKE, WABASH VALLEY
    )
    SERVICE COMPANY, MICHAEL J.
    )
    PFISTER, NOAH D. HORTON, and
    )
    STEVE KINDER,
    )
    )
    Respondents.
    )
    NOTICE OF FILING
    TO:
    Ms. Dorothy M. Gunn
    Carol Webb, Esq.
    Clerk of the Board
    Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    1021 North Grand Avenue East
    Suite 11-500
    Post Office Box 19274
    Chicago, Illinois 60601
    Springfield, Illinois 62794-9274
    (VIA ELECTRONIC MAIL)
    (VIA ELECTRONIC MAIL)
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
    Illinois Pollution Control Board an
    ENTRY OF APPEARANCE OF THOMAS G. SAFLEY,
    ENTRY OF APPEARANCE OF GALE W. NEWTON, JOINDER IN MOTION TO STAY
    PROCEEDINGS FILED BY WABASH VALLEY SERVICE COMPANY, NOAH D.
    HORTON, AND STEVE KINDER, and JOINDER IN MOTION FOR EXTENSION OF
    TIME FILED BY WABASH VALLEY SERVICE COMPANY, NOAH D. HORTON, AND
    STEVE KINDER,
    on behalf of Respondent, Michael J. Pfister, copies of which are herewith
    served upon you.
    Respectfully submitted,
    MICHAEL J. PFISTER,
    Respondent,
    Dated: July 8, 2005
    By:/s/ Thomas G. Safley
    One of Their Attorneys
    Thomas G. Safley
    Gale W. Newton
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    2
    CERTIFICATE OF SERVICE
    I, Thomas G. Safley, the undersigned, certify that I have served the attached
    ENTRY OF APPEARANCE OF THOMAS G. SAFLEY, ENTRY OF APPEARANCE
    OF GALE W. NEWTON, JOINDER IN MOTION TO STAY PROCEEDINGS FILED
    BY WABASH VALLEY SERVICE COMPANY, NOAH D. HORTON, AND STEVE
    KINDER, and JOINDER IN MOTION FOR EXTENSION OF TIME FILED BY
    WABASH VALLEY SERVICE COMPANY, NOAH D. HORTON, AND STEVE
    KINDER, upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Carol Webb, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    via electronic mail on July 8, 2005, and upon:
    Stephen F. Hedinger, Esq.
    Hedinger Law Office
    2601 South Fifth Street
    Springfield, Illinois 62703
    Thomas H. Bryan, Esq.
    Fine & Hatfield, P.C.
    520 N.W. Second Street
    Post Office Box 779
    Evansville, Indiana 47705-0779
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    THIS FILING SUBMITTED ON RECYCLED PAPER
    by depositing said documents in the United States Mail in Springfield, Illinois, postage
    prepaid, on July 8, 2005.
    /s/ Thomas G. Safley
    Thomas G. Safley
    WVSC:002/Fil/NOF-COS – EOAs, Joinder Motions
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE ZOHFELD,
    )
    )
    Complainants ,
    )
    )
    vs.
    )
    PCB No. 05-193
    )
    (Cit izen’s Enforcement, Air)
    BOB DRAKE, WABASH VALLEY
    )
    SERVICE COMPANY, MICHAEL J.
    )
    PFISTER, NOAH D. HORTON, and
    )
    STEVE KINDER,
    )
    )
    Respondents.
    )
    ENTRY OF APPEARANCE OF THOMAS G. SAFLEY
    NOW COMES Thomas G. Safley, o f the law firm of HODGE DWYER ZEMAN,
    and hereby enters his appearance on behalf of Respondent, MICHAEL J. PFISTER, in
    the above-referenced matter.
    Respectfully submitted,
    MICHAEL J. PFISTER,
    Respondent,
    By:/s/ Thomas G. Safley
    Thomas G. Safley
    Dated: July 8, 2005
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    WVSC:002/Fil/EOA-TGS - Pfister
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE ZOHFELD,
    )
    )
    Complainants ,
    )
    )
    vs.
    )
    PCB No. 05-193
    )
    (Cit izen’s Enforcement, Air)
    BOB DRAKE, WABASH VALLEY
    )
    SERVICE COMPANY, MICHAEL J.
    )
    PFISTER, NOAH D. HORTON, and
    )
    STEVE KINDER,
    )
    )
    Respondents.
    )
    ENTRY OF APPEARANCE OF GALE W. NEWTON
    NOW COMES Gale W. Newton, of the law firm of HODGE DWYER ZEMAN,
    and hereby enters his appearance on behalf of Respondent, MICHAEL J. PFISTER, in
    the above-referenced matter.
    Respectfully submitted,
    MICHAEL J. PFISTER,
    Respondent,
    By:/s/ Gale W. Newton
    Gale W. Newton
    Dated: July 8, 2005
    Gale W. Newton
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    WVSC:002/Fil/EOA-GWN - Pfister
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    BEFORE THE
    ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE
    ZOHFELD
    Complainants,
    VS.
    BOB DRAKE, WABASH VALLEY
    SERVICE COMPANY, MICHAEL J.
    PFISTER, NOAH D, HORTON, and
    STEVE KINDER,
    Respondents
    PCB No. OS-193
    (Citizen's
    Enforcement, Air)
    ENTRY OF APPEARANCE
    OF GALE W, NEWTON
    ES Gale W. Newton, of the law firm of
    HODGE DWYER ZEMAN
    and hereby enters his appearance on behalf of
    Respondent, MICHAEL J. PFISTER, in
    the above
    Dated; July , 2005
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois
    62705-5776
    (217) 523-4900
    MICHAEL J. PFISTER
    Respectfully
    submitte
    WVSC:002/Fi1/E0A-G"
    - Pfister
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE ZOHFELD,
    )
    )
    Complainants ,
    )
    )
    vs.
    )
    PCB No. 05-193
    )
    (Cit izen’s Enforcement, Air)
    BOB DRAKE, WABASH VALLEY
    )
    SERVICE COMPANY, MICHAEL J.
    )
    PFISTER, NOAH D. HORTON, and
    )
    STEVE KINDER,
    )
    )
    Respondents.
    )
    JOINDER IN MOTION TO STAY PROCEEDINGS FILED BY WABASH
    VALLEY SERVICE COMPANY, NOAH D. HORTON, AND STEVE KINDER
    NOW COMES Respondent, MICHAEL J. PFISTER (“Respondent”), by his
    attorneys, HODGE DWYER ZEMAN, and joins in the Motion to Stay Proceedings filed
    by Co-Respondents Wabash Valley Service Company, Noah D. Horton, and Steve
    Kinder in this matter, and in support of said Motion, states as fo llows:
    1.
    On May 9, 2005, Complainants filed their Complaint with the Illinois
    Pollution Contro l Board (“Board”) in t his matter.
    2.
    On April 26, 2005, a criminal Information (the “Information”) was filed
    with the United States District Court of the Southern District of Illinois relating to this
    same “incident.” See
    United States of America v. Wabash Valley Service Co., Glen S.
    Kinder, and Noah David Horton, Criminal No. 05-40029-JPG, a copy of which
    Infor mation is attached as an exhibit to the Motion to Stay Proceedings.
    3.
    Respondent is named as a respondent in the present matter but is not
    named as a Defendant in the Information.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    2
    4.
    On or about, July 8, 2005, Co-Respondents, Wabash Valley Service
    Company, Noah D. Horton, and Steve Kinder filed a Motion to Stay Proceedings of the
    Board and a Motion for Extension o f T ime to answer t he Complaint.
    5.
    Respondent would be prejudiced in the present matter if a stay were not
    issued because he would be unable to obtain information from Co-Respondents, Wabash
    Valley Service Company, Noah D. Horton, and Steve Kinder, in respect to his defenses
    or in respect to any cross-complaints he may file, since Wabash Valle y Service
    Company, Noah D. Horton, and Steve Kinder intend to maintain their Fifth Amendment
    rights against self-incriminat ion.
    MSeotie on to Stay Proceedings.
    6.
    For the reasons listed above, and further discussed in the Motion to Stay
    Proceedings, Respondent jo ins in the Motion to Stay Proceedings filed by Co-
    Respondents, Wabash Valley Service Company, Noah D. Horton, and Steve Kinder.
    WHEREFORE, Respondent, MICHAEL J. PFISTER, respectfully prays that the
    Illinois Pollution Control Board grant the Motion to Stay Proceedings filed by Co-
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    3
    Respondents, Wabash Valley Service Company, Noah D. Horton, and Steve Kinder, and
    that the Illinois Pollution Control Board grant Respondent all other relief just and proper
    in the premises.
    Respectfully submitted,
    MICHAEL J. PFISTER,
    R
    e
    s
    p
    o
    n
    d
    e
    n
    t
    ,
    By:/s/ Thomas G. Safley
    One of His Attorneys
    Dated: July 8, 2005
    Thomas G. Safley
    Gale W. Newton
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    F:\WVSC-002\Filings\Joinder to Stay.doc
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VERNON and ELAINE ZOHFELD,
    )
    )
    Complainants ,
    )
    )
    vs.
    )
    PCB No. 05-193
    )
    (Cit izen’s Enforcement, Air)
    BOB DRAKE, WABASH VALLEY
    )
    SERVICE COMPANY, MICHAEL J.
    )
    PFISTER, NOAH D. HORTON, and
    )
    STEVE KINDER,
    )
    )
    Respondents.
    )
    JOINDER IN MOTION FOR EXTENSION OF TIME FILED BY WABASH
    VALLEY SERVICE COMPANY, NOAH D. HORTON, AND STEVE KINDER
    NOW COMES Respondent MICHAEL J. PFISTER (“Respondent”), by his
    attorneys, HODGE DWYER ZEMAN, and joins in the Motion for Extension of Time
    filed by Co-Respondents Wabash Valley Service Company, Noah D. Horton, and Steve
    Kinder in this matter, and in support of said Motion, states as fo llows:
    1.
    On May 9, 2005, Complainants filed their Complaint with the Illinois
    Pollution Contro l Board (“Board”) in t his matter.
    2.
    On April 26, 2005, a criminal Information (the “Information”) was filed
    with the United States District Court for the Southern District of Illinois relating to this
    same “incident.” See
    United States of America v. Wabash Valley Service Co., Glen S.
    Kinder, and Noah David Horton, Criminal No. 05-40029-JPG, a copy of which
    Infor mation is attached as an exhibit to the Motion to Stay Proceedings filed by Co-
    Respondents, Wabash Valley Service Company, Noah D. Horton, and Steve Kinder.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    2
    3.
    Respondent is named as a Respondent in the present matter but is not
    named as a Defendant in the Information.
    4.
    On or about, July 8, 2005, Co-Respondents, Wabash Valley Service
    Company, Noah D. Horton, and Steve Kinder filed a Motion to Stay Proceedings of the
    Board and a Motion for Extension o f T ime to answer t he Complaint.
    5.
    Respondent has joined the Motion to Stay Proceedings.
    6.
    If Respondent is required to file his Answer in the above-captioned matter
    prior to the Board’s ruling on the Motion to Stay, the purpose and intent of the Motion to
    Stay would be t hwarted and, should the Board rule favorably on the Motion to Stay, the
    purpose and intent of the Board’s issuance of a stay would be thwarted.
    7.
    For the reasons listed above, and further discussed in the Motion for
    Extension of Time , Respondent joins in the Motion for Extension of Time filed by Co-
    Respondents, Wabash Valley Service Company, Noah D. Horton, and Steve Kinder.
    WHEREFORE, Respondent, MICHAEL J. PFISTER, respectfully prays that the
    Hearing Officer grant the Motion for Extension of Time filed by Co-Respondents,
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005
    3
    Wabash Valley Service Company, Noah D. Horton, and Steve Kinder, that the Hearing
    Officer grant Respondent the same relief, and that the Hearing Officer grant Respondent
    all other relief just and proper in the premises.
    Respectfully submitted,
    MICHAEL J. PFISTER,
    R
    e
    s
    p
    o
    n
    d
    e
    n
    t
    ,
    By:/s/ Thomas G. Safley
    One of His Attorneys
    Dated: July 8, 2005
    Thomas G. Safley
    Gale W. Newton
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    F:\WVSC-002\Filings\Joinder to Extension.doc
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 8, 2005

    Back to top