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 .
TO : Ms . Dorothy M
. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Thomas G. Safley
Gale W. Newton
Lauren C . Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
NOTICE OF FILING
(SEE
PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies each of a
SUPPLEMENTATION
OF AFFIDAVIT, copies of which are hereby served upon you .
Respectfully submitted,
BOB DRAKE, WABASH VALLEY
SERVICE COMPANY, MICHAEL J .
PFISTER, NOAH D . HORTON, and
STEVE KINDER,
Responde
Dated : February 6, 2007
By :
THIS FILING SUBMITTED ON RECYCLED PAPER
PCB No. 05-193
(Citizen's Enforcement, Air)
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
G. S
i/A//
I
.U. '
CLERK
FED? 1 3 2007
Pollution
STATE-OP
Control
ILLINOISBoard
CERTIFICATE OF SERVICE
I-Thomas G-.-Safley,.the-undersigned,
.hereby,
certifythat T have served
the--
attached SUPPLEMENTATION OF AFFIDAVIT upon
:
Ms. Dorothy M
. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Stephen F. Hedinger, Esq .
Hedinger Law Office
2601
South Fifth Street
Springfield, Illinois 62703
W V SC
:002/FiVNOF-COS Supplementation of Affidavit
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Thomas H. Bryan, Esq.
Fine & Hatfield, P .C.
520 N. W. Second Street
Evansville, Indiana 47705-0779
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on February 6, 2007 .
L..~ A
.
141
PA
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RE C
E II VIE
D
VERNON and ELAINE ZOHFELD,
)
FEE_
i 2007
Complainants,
)
Pollution
STATE OF
Control
ILLINOISBoard
vs.
)
PCB No . 05-193
(Citizen's Enforcement, Air)
Respondents.
)
BOB DRAKE, WABASH VALLEY
SERVICE COMPANY, MICHAEL J .
PFISTER, NOAH D . HORTON, and
STEVE KINDER,
SUPPLEMENTATION OF AFFIDAVIT
NOW COMES Respondent MICHAEL J
. PFISTER, by his attorneys, HODGE
DWYER ZEMAN, and files the attached Affidavit of Michael J
. Pfister in support of
Respondent Michael J . Pfister's Motion for Summary Judgment
. The attached Affidavit
is an original copy and is meant to replace the copy previously filed with the Illinois
Pollution Control Board .
Respectfully submitted,
BOB DRAKE, WABASH VALLEY
SERVICE COMPANY, MICHAEL J .
PFISTER, NOAH D . HORTON, and
STEVE KINDER,
Respondents,
Dated : February 6, 2007
By:
Thomas G. Safley
Gale W. Newton
Lauren C
. Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
WVSC :002/Filings/Motion to Supplement Affidavit
G afley
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VERNON and ELAINE ZOHFELD,
}R
CLERK'S
r=IOFFICE
FEB 1 3 2007
~64t
oatd
FCC
~'n orcement, Air)
vs.
Complainants,
BOB DRAKE, WABASH VALLEY
SERVICE COMPANY, MICHAEL J
.
PFISTER, NOAH D
. HORTON, and
STEVE KINDER,
Respondents .
AFFIDAVIT OF MICHAEL J . PFISTER
Michael J
. Pfister, being first duly sworn, deposes and states under oath, and if
sworn as a witness would testify, as follows :
1 .
I have personal knowledge of the matters set forth in this affidavit
.
2 .
I am employed by Wabash Valley Service Company ("Wabash Valley") to
drive spray equipment and to apply agrichemicals at various times and locations, in
addition to other activities .
3 .
Wabash Valley transacts business by engaging in the selling and
application of agrichemicals to fields in various counties of the State of Illinois
.
4 .
I did not apply or spray or participate in any way in any application or
spraying of any agrichemicals on or after May 8, 2000 on the property owned by Bob
Drake that is situated adjacent to property owned by Vernon and Elaine Zohfeld
.
5 .
I did not apply or spray any other substance at, nor was I present at,
Complainants' property, Respondent Drake's property, or at any other property adjacent
to Complainants' property, on or at any time after May 8, 2000
.
6.
I have no personal knowledge of any agrichemical spraying at any such
property on or after May 8, 2000 .
Under penalties as provided by law pursuant to Section 1-
109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this instrument
are true and correct, except as to matters therein stated
to be on information and belief and as to such matters the
undersigned certifies as aforesaid that he verily believes
the same to be true .
FURTHER AFFIANT SAYETH NOT
.
Subscribed and sworn to before
me this
-/
-
day of
/
,
2007 .
/,,6i14
'1414
Not.f •
blic
WVSC
:002/FiVAffidavit of Michael J . Pfister
2
A(L1'
M~hael7~
,t~faster
t
"OFFICIAL SEAL"
DENISE J
. SCHROEDER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 812812010
