ILLINOIS POLLUTION CONTROL BOARD
DALE L. STANHIBEL,
)
)
Complainant,
)
)
Vs.
)
)
TOM HALAT d/b/a TOM’S
) PCB 07-17
VEGETABLE MARKET
) (Citizens Enforcement-Air, Noise)
)
Respondent.
)
)
)
)
NOTICE OF FILING
To: Mr. Dale L. Stanhibel
10328 Fleetwood Street
Huntely, Illinois 60142
Please take notice, that I have today filed with the Office of the Clerk of the Pollution Control
Board the attached Appearance, Motion to vacate any possible default, extend time to respond to the
Compliant, and for leave to file a Motion to dismiss of TOM HALAT, d/b/a TOM’S VEGETABLE
MARKET, a copy of which is herewith served upon you.
/S/
Steven J. Greeley, Jr.,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 1, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DALE L. STANHIBEL,
)
)
Complainant,
)
)
Vs.
)
)
TOM HALAT d/b/a TOM’S
) PCB 07-17
VEGETABLE MARKET
) (Citizens Enforcement-Air, Noise)
)
Respondent.
)
)
)
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf of TOM HALAT d/b/a
VEGETABLE MARKET.
/S/
Steven J. Greeley, Jr.,
FRANKS, GERKIN & McKENNA, P.C.
Attorneys for Respondent
19333 E. Grant Hwy, P.O. BOX 5
Marengo, Illinois 60152
Telephone: (815)-923-2107
Fax: (815) 923-2114
S:\Docs\Steven\Client files\Halat, Tom\Appearance .wpd
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 1, 2006
ILLINOIS POLLUTION CONTROL BOARD
November 2, 2006
DALE L. STANHIBEL,
)
)
Complainant,
)
)
Vs.
)
)
TOM HALAT d/b/a TOM’S
) PCB 07-17
VEGETABLE MARKET
) (Citizens Enforcement-Air, Noise)
)
Respondent.
)
)
)
)
MOTION TO VACATE ANY POSSIBLE DEFAULT,
EXTEND TIME TO RESPOND TO THE COMPLAINT, AND FOR LEAVE TO
FILE A MOTION TO DISMISS.
NOW COMES the Respondent, TOM HALAT d/b/a TOM’S VEGETABLE MARKET,
by and thru his attorneys FRANKS, GERKIN & McKENNA, P.C., and for it’s Motion to vacate
any possible default, extend time to respond to the complaint, and for leave to file a Motion to
dismiss, states as follows:
1.
Complainant, DALE L. STANHIBEL, filed the formal Complaint in this matter
on September 18, 2006.
2.
On November 2, 2006, this board ordered that the Complainant file the Proof of
Service on the Complaint.
3.
The Respondent, TOM HALAT as a non-attorney, was unaware of the
requirements to respond or otherwise plead to the Complaint based on the failure
of the Complainant to attach the notice, to the Complaint as required under 35 IL
.ADM. Code Section 103.204 (a), (b), & (f).
4.
Respondent, TOM HALAT obtained counsel to assist in the defense of this
matter upon receipt of the Board’s Order of November 2, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 1, 2006
5.
Respondent, TOM HALAT through advice of his counsel, desires leave to file a
Motion to Dismiss pursuant to 35 IL. ADM. Code Section 101.506 and pursuant
to 35 IL ADM. Code Section 101.500 based on 735 ILCS 5/2-619 (a) as there is
an affirmative matter that negates that legal effect of the claim.
6.
In the event that such Motions are denied in full or in part, the Respondent
respectfully desires additional time to respond to the Complaint on it face.
WHEREFORE, the Respondent, TOM HALAT, d/b/a TOM’S VEGETABLE MARKET
hereby prays that the Board vacate any possible technical defaults in this matter, extend the time
for a response, and grant leave to file a motion or motions to dismiss prior to responding and any
other further relief that this Board deems just and equitable.
Respectfully Submitted,
FRANKS, GERKIN & McKENNA, P.C.
By:
/S/
Steven J. Greeley, Jr.,
FRANKS, GERKIN & McKENNA, P.C.
Attorneys for Respondent
19333 E. Grant Hwy, P.O. BOX 5
Marengo, Illinois 60152
Telephone: (815)-923-2107
Fax: (815)-923-2107
ctmotion.pk\conjud.dek
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 1, 2006
CERTIFICATE OF SERVICE
I, Annalee N. Ceja, on oath state that I mailed a copy of the above documents to the
above-named person(s) at the above-designated address by depositing same in the U.S. Mail in
Marengo, Illinois, on or before the hour of 5:00 p.m., on December 1
st
, 2006, with proper
postage prepaid.
/S/
Annalee N. Ceja
SUBSCRIBED and SWORN to
before me this 4
TH
day
of December 2006.
________________________
Notary Public
FRANKS, GERKIN & McKENNA P.C.
Attorneys for Respondent
19333 E. Grant Hwy., P.O. BOX 5
MARENGO, IL 60152
Telephone (815) 923-2107
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 1, 2006