FILED: NEW YORK COUNTY CLERK 07/27/2012 INDEX NO /2012 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/27/2012

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1 FILED: NEW YORK COUNTY CLERK 07/27/2012 INDEX NO /2012 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/27/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN J. HOLMES and CHARLENE HOLMES, Index No.: Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial AB VOLVO, AB VOLVO PENTA, BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC., BRP US, INC, as Successor in interest to EVINRUDE, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, DANA COMPANIES, LLC, EMPIRE-ACE INSULATION MFG. CORP., FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, a/k/a HAMMERMILL PAPER CO., INTERNATIONAL TRUCK and ENGINE CORPORATION, ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, JOHNSON & TOWERS, INC., KAISER GYPSUM COMPANY, INC., KENTILE FLOORS, INC., LIPE-AUTOMATION CORP., MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, NEWS CORPORATION, The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS

2 Individually, and as Successor in interest to CHRIS- CRAFT INDUSTRIES, INC., OUTBOARD MARINE CORPORATION, OWENS-ILLINOIS, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RAPID-AMERICAN CORPORATION, STANDARD MOTOR PRODUCTS, INC., TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VOLVO PENTA MARINE PRODUCTS, L.L.C, VOLVO PENTA OF THE AMERICAS, INC., VOLVO TRUCKS NORTH AMERICA, INC., WESTERBEKE CORP., WEYERHAEUSER COMPANY, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, Defendants X To the above named Defendant(s) You are hereby summoned to answer the fourth amended verified complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, July 27, 2012 New York, New York Defendant's address: SEE ATTACHED DEFENDANTS RIDER WEITZ & LUXENBERG, P.C. Attorney(s) for Plaintiff Post Office Address 700 Broadway New York, New York (212)

3 DEFENDANTS' RIDER Anna DiLonardo Esq MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN (LONG 888 Veterans Memorial Highway Suite 540 Hauppauge, NY (631) fax:(631) BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC. James Skelly Esq MARKS, O NEILL, O BRIEN & COURTNEY, P.C. 530 SAW MILL ROAD Elmsford, NY (914) fax:(914) CATERPILLAR, INC. Michael Tanenbaum Esq SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ (973) fax:(973) CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION GENERAL ELECTRIC COMPANY Jennifer Darger Esq Judy Yavitz Esq DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27th Street at Park Avenue 12th Floor New York, NY (212) fax:(212) CERTAINTEED CORPORATION DANA COMPANIES, LLC UNION CARBIDE CORPORATION Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY EMPIRE-ACE INSULATION MFG. CORP.

4 Wilmington Trust SP Services FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST 1105 N. Market Street Suite 1300 Wilmington, DE FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO. FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL- MOGUL CORPORATION Christopher Hannan Esq KELLEY JASONS MCGUIRE SPINELLI & HANNA, LLP 120 Wall Street. 30th Floor New York, NY (212) fax:(212) FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES Scott Emery Esq. LYNCH DASKAL & EMERY LLP 264 West 40TH Street New York, NY (212) fax:(212) GEORGIA PACIFIC LLC. DONALD PUGLIESE Esq. MCDERMOTT, WILL & EMERY 340 Madison Avenue 17th Floor NEW YORK, NY (212) fax:(212) HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue New York, NY (212) fax:(212) IMO INDUSTRIES, INC.

5 Lisa Pascarella Esq BRAATEN & PASCARELLA, LLC Paynters Ridge Office Park 2430 Route 34 - P.O. Box 648 Manasquan, NJ (732) fax:(732) INGERSOLL-RAND COMPANY John Rand Esq. Lawrence D Aloise Esq CLARK, GAGLIARDI & MILLER, P.C. 99 Court Street White Plains, NY (914) fax:(914) INTERNATIONAL PAPER COMPANY, a/k/a HAMMERMILL PAPER CO. Robert Hafner Esq ECKERT, SEAMANS, CHERIN & MELLOTT, LLC. 50 South 16th Street, 22nd Floor Philadelphia, PA (215) fax:(215) INTERNATIONAL TRUCK and ENGINE CORPORATION KAREN CAMPBELL ESQ. LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, 21st Floor New York, NY (212) fax:(212) KAISER GYPSUM COMPANY, INC. Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY (212) fax:(212) KENTILE FLOORS, INC.

6 Nancy McDonald Esq. Rasnek Joseph Esq. MCELROY, DEUTCH, MULVANEY & CARPENTER LLP 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ (973) fax:(973) LIPE-AUTOMATION CORP. Claude Grammatico Esq. EPSTEIN, GIALLEONARDO, FRANKINI & GRAMMATICO 330 Old Country Road Suite 200 Mineola, NY (516) MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION Paul Scrudato Esq. SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC. John Renzulli Esq. RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY (914) fax:(914) PFIZER, INC. (PFIZER) James Smith Esq. JAMES ABBOT, L.L.P. 90 Broad Street 4th Floor New York, NY (212) fax:(212) PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX)

7 Amiel Gross Esq. SONNENSCHEIN NATH & ROSENTHAL 1221 Avenue of the Americas New York, NY (212) fax:(212) RAPID-AMERICAN CORPORATION Paul Slater Esq. Richard O'Leary Esq. MCCARTER & ENGLISH, LLP 245 Park Avenue 27th Floor New York, NY (212) fax:(212) STANDARD MOTOR PRODUCTS, INC. Daniel Ryan Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN (PA) 1845 Walnut Street 13th Floor Philadelphia, PA TRANE U.S. INC., f/k/a AMERICAN STANDARD INC. Norman Senoir Esq. GREENFIELD, STEIN & SENOIR 600 Third Avenue, 11th Floor New York, NY U.S. RUBBER COMPANY (UNIROYAL) Thomas Maimone Esq. MAIMONE & ASSOCIATES PLLC 170 Old Country Road SUITE 609 Mineola, NY (516) fax:(516) VOLVO PENTA MARINE PRODUCTS, L.L.C VOLVO PENTA OF THE AMERICAS, INC. VOLVO TRUCKS NORTH AMERICA, INC. Geneiveve MacSteel Esq. MCGUIRE WOODS, LLP 1345 Avenue of the Americas #7 New York, NY WEYERHAEUSER COMPANY

8 WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC 500 Blaine Street Michigan City, Indiana and Ballantyne Corporate Place Charlotte, NC 28277

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN J. HOLMES and CHARLENE HOLMES, Index No: Date Filed: Plaintiff(s), FOURTH -against- AMENDED VERIFIED AB VOLVO, COMPLAINT AB VOLVO PENTA, BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC., BRP US, INC, as Successor in interest to EVINRUDE, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, DANA COMPANIES, LLC, EMPIRE-ACE INSULATION MFG. CORP., FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, a/k/a HAMMERMILL PAPER CO., INTERNATIONAL TRUCK and ENGINE CORPORATION, ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, JOHNSON & TOWERS, INC., KAISER GYPSUM COMPANY, INC., KENTILE FLOORS, INC., LIPE-AUTOMATION CORP., MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, NEWS CORPORATION, Individually, and as Successor in interest to CHRIS- CRAFT INDUSTRIES, INC., OUTBOARD MARINE CORPORATION,

10 OWENS-ILLINOIS, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RAPID-AMERICAN CORPORATION, STANDARD MOTOR PRODUCTS, INC., TRANE U.S. INC., f/k/a AMERICAN STANDARD INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VOLVO PENTA MARINE PRODUCTS, L.L.C, VOLVO PENTA OF THE AMERICAS, INC., VOLVO TRUCKS NORTH AMERICA, INC., WESTERBEKE CORP., WEYERHAEUSER COMPANY, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, Defendants X Plaintiff(s), JOHN J. HOLMES and CHARLENE HOLMES, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), JOHN J. HOLMES and CHARLENE HOLMES, by their attorneys, WEITZ & LUXENBERG, P.C., for their fourth amended verified complaint respectfully alleges: 2. Defendant AB VOLVO, was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant AB VOLVO, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 4. Defendant AB VOLVO PENTA, was and still is a duly organized domestic corporation doing business in the State of New York.

11 5. Defendant AB VOLVO PENTA, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 6. Defendant BRP US, INC, as Successor in interest to EVINRUDE, was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., was and still is a duly organized domestic corporation doing business in the State of New York. 8. Defendant FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 9. Defendant FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 10. Defendant FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 11. Defendant FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, was and still is a duly organized domestic corporation doing business in the State of New York.

12 12. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant IMO INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant INTERNATIONAL PAPER COMPANY, a/k/a HAMMERMILL PAPER CO., was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 17. Defendant JOHNSON & TOWERS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant JOHNSON & TOWERS, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 19. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York.

13 21. Defendant NEWS CORPORATION, Individually, and as Successor in interest to CHRIS- CRAFT INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 22. Defendant NEWS CORPORATION, Individually, and as Successor in interest to CHRIS- CRAFT INDUSTRIES, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 23. Defendant OUTBOARD MARINE CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 24. Defendant VOLVO PENTA MARINE PRODUCTS, L.L.C, was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant VOLVO PENTA MARINE PRODUCTS, L.L.C, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 26. Defendant VOLVO PENTA OF THE AMERICAS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant VOLVO PENTA OF THE AMERICAS, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 28. Defendant VOLVO TRUCKS NORTH AMERICA, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 29. Defendant VOLVO TRUCKS NORTH AMERICA, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of

14 New York and/or should have expected its acts to have consequences within the State of New York. 30. Defendant WESTERBEKE CORP., was and still is a duly organized domestic corporation doing business in the State of New York. 31. Defendant WESTERBEKE CORP., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 32. Defendant WEYERHAEUSER COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), JOHN J. HOLMES and CHARLENE HOLMES, repeats and realleges NYAL - WEITZ & LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 7 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: July 27, 2012 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212)

15 STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an Associate of the firm WEITZ & LUXENBERG, P.C., Counsel for the plaintiff(s) in the within action; deponent has read the foregoing fourth supplemental summons and fourth amended verified complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by plaintiff(s) because plaintiff(s) resides outside of the County of New York where plaintiffs' counsel and deponent maintain their office. Dated: July 27, 2012 New York, New York /S/ CHRIS ROMANELLI

16 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== JOHN J. HOLMES and CHARLENE HOLMES, AB VOLVO, et. al., -against- Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and FOURTH AMENDED VERIFIED COMPLAINT ========================================================================================== WEITZ & LUXENBERG, P.C. Attorneys for PLAINTIFFS 700 Broadway New York, NY ========================================================================================== To Attorney(s) for ========================================================================================== Service of a copy of the within is hereby admitted. Dated, July 27, Attorney(s) for