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1 FILED: NEW YORK COUNTY CLERK 01/12/ :32 PM INDEX NO /2014 NYSCEF DOC. NO. 203 RECEIVED NYSCEF: 01/12/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK i GASPAR HERNANDEZ-VEGA,! Plaintiff, I -against-! AIR & LIQUID SYSTEMS CORP., et al., ~~:~ ~~~~ ! PLEASE TAKE NOTICE that defendant Fisher Controls International LLC will offer I I Index No.: /2014 CPLR 3122-A NOTICE OF INTENT TO OFFER AT TRIAL BUSINESS RECORDS AUTHENTICATED BY CERTIFICATION at the trial of this action, or hearing, the business records authenticated by the attached Certifications subscribed pursuant to Rule 3122-a of the Civil Practice Law and Rules: 1) Social Security Administration Itemized Statement of Earnings for Plaintiff Gaspar Hernandez-Vega obtained from Recordtrak pursuant to the NYCAL Amended Case Management Order Section VIl(B)(2)(c); 2) Johns Manville Employment Records for Plaintiff Gaspar Hernandez-Vega obtained from Recordtrak pursuant to the NYCAL Amended Case Management Order Section VII(B)(2)( c ); and 3) Johns Manville Records regarding the Billerica, Massachusetts plant obtained from the Claims Resolution Management Corporation of the Manville Personal Injury Settlement Trust. Pursuant to CPLR 3122-a, the business records authenticated by the attached Certifications may be inspected by any party in this matter at Simon Lesser PC, 355 Lexington Avenue, Floor, New York, NY 10017, on January 20, 2015 between the hours'of 10:00 a.m. and 4:00 p.m., or such other date and times as mutually agreed. Alternatively, an electronic copy of these records, can be supplied if requested.

2 Dated: January 12, 2016 New York, NY F Lesser, Esq. Siob inarovich, Esq.....~"'rPXlfigton A venue, I o h Floor New York, New York (212) Attorneys for defendant Fisher Controls International LLC

3 SOCIAL SECURITY ADMINISTRATION Baltimore. Maryland CERTIFICATION OF EXTRACT FROM UCORDS Pursuant to the provisions of Title 42, United States Code, Section 3505, and the authority vested in me by 45 F. R J hereby certify that I have legal custody of certain records, documents, and other information established and maintained by the Social Security Administration, pursuant to Title 42, United States Code, Section 405, and that the annexed is a true extract from such records in my custody as aforesaid. I certify that all signatures of Social Security Administration officials on the annexed document(s) are genuine and made pursuant to the signers' official capacity. I further certify that these records may not show all the earnings reported for the periods ending after December 31, 2013 because of the time required to receive and process reports. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of 't the Soi!'.Security Administration to be affixed this ( Q+l-- day of ~ C( b,, ~~~ Step~anie S. Harrison> Director Division of Earnings Record Operations Office of Central Operations Form SSA-473 (09113} Destroy Prior Edition

4 PROVlDER: JOHNS MANVIU..B CORPORATION-RECORDS ADMINSTRATOR Cf AG 20) IU!CORDS PERTAIN TO: GASPAR HERNANDEZ RECORDTRAK fll.e f: ' DATI! OF BIR.nt: SSN#: fl#.##.4221 RECORD IDENnTY: A.SMOI Iii IHlll ~Ill ~H mlll I AU.PERSONNEL RECORDS INCLUDING ATraNDANCB RSCORDS. VACATION TIMB AND U!AVES OF ABSENCB; ALL. EMPLOYEa HEALTH RECORDS; AU. WORKERS COMPENSATION RECORDS. SECTION I CERTIFICATION OF CUSTODIAN OF RECORDS I, the undersigned, being the duly authorized custodian of records or other qualif1ed witness, and having the authority to certify the auachcd n:cordi1 declare the following: the auached rccor(f., (J) were made at or near the time of the act, event, condition, opinion or diagnosis by a person with knowledge of the matters reflected in the records: (2) wero kept In the course of rcgulady conducted activity; and (3) were ctearcd as pan of the regular practice of lbe provider, IJld lhat: A - pagc(s) of the original rcccrds described was made avmlablc to Ile attorney's represcniativc for cop yins at our place ofbusines$. 8 - a true, legible and durable copy of 3 l, pages of the described rcconh was delivered to the attomey's representative. 1 DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. l!x"'"" ~~) \f Signarue'~I ~... l 1>.r\.I- t.( 2.o (""~"'"') Den vet\ e..o ~ PrlntName &e-est. -ve,n.sovv PhoneNumbcr;!o'3 91<?' io1-l.., Department ~lna.>k,.. ~ /~~ Address to Forward Requests for Production of Records/Materials: SECTION II CERTIFICATION OF NO RECORDS A thorough scan:h of our files', canicd out under my direction revealed no documems, records or other materials called for in lhe subpoena or authorization, for the following reason: D All records for the time period in question have been de&troyed in accordance with our document retention policy which is_ year.;. D Our records arc the same as D Oridnal records~ in lhe possession or CJ (othc~ r DECLARE. UNDER PENALTY OF PERJURY, THAT THE. FOREGOING IS TRUE AND CORRECT. Executed on (date) Signature Phone Number at(city,statc) PrintName~ Dcpanment Address to Forward Requests for Production or Records/Materials: TfilS PAGE MUST BE COMPLETED, SIGNED AND RETURNED. RECORDS

5 AFFIDAVI'f AND CERTIFICATION 01<' BUSINESS UECORDS STA TE OF COLORADO ) ) ss: COUNTY OF ADAMS ) 1, Margaret J. Baumgardner, being of full age and first duly sworn do hereby state: 1. I am not a party to this action. [ have personal knowledge of the facts set forth in this affidavit, and if cahed as a witness, I could and would competently testify as to the truth of the matters set forth herein. 2. l am the Research Coordinator for the Claims Resolution Management Corporation ("CRMC"), a wholly owned subsidiary of the Manville Personal Injury Settlement Trust ("Trust"). The CR.MC was created in December 1998 and is staffed by former Trust employees. I am the duly authorized custodian and have authority to make this certification. On January I, 1999, CRMC began providing claims resolution facility services to the Trust. 3. In this position, I manage the Asbestos Claims Research Facility ("Facility"), a document and records repository located at 3390 Peoria Street, Suite 304, Aurora, Colorado. The Facility contains the business records including but not limited to correspondence, memoranda, reports, records and data compilations ("record") of Manville Corporation or related entities ( 11 Manvillc"), generally, as well as Mnnville records relevant to litigation of asbestos liability. The records found at the Facility were transferred from Manville to the Trust begiming in November 28, 1988, the date on which the Manville bankruptcy plan was consummated. Additional records have been and continue to be transferred directly to the Facility. The Facility's records have been in the custody and control of counsel for the Trust or Trust personnel since the date of consummation. 4. My experience and familiarity with the documents at the Facility began in 1983 while working for Manville. Jn my work as a paralegal for Manville, I assisted in locating, indexing and packing many of the records which became the foundation documents for the Facility. I continued to work for Manville until September From March 1988 to September 1988, I was hired to supervise and assist in the indexing of the first 20,000 boxes which were turned over to the Trust in November I 988. From September 1988 to January 1989, I assisted in

6 the privilege review of documents to be given to the Tmst. From November 1988 to April 1994, I worked for Freeborn & Peters and was put in charge of the Facility, managing all productions and "new" acquisitions. In September 1995, I was hired by the Trust to manage lhe Facility. In December 1998, I was hired by the CRMC to manage the Facility for the Trust. Accordingly, I am personally familiar with many of the records stored at the Facility, as well as how the records have been gathered. 5. To the best of my knowledge, after reasonable inquiry, information and belief, I certify that these records were made at or near the time by, or from information transmitted by, a person with knowledge, were kept in the course of the regularly conducted business activity of Manville, and it was the regular practice and the business activity of Manville to make the records. 6. Attached are accurate versions of documents found an1ong the box and microfilm collections at the Facility. These documents, bates labeled CRMC_Billerica_Micro_OOOOOl through CRMC_Billerica_Micro_ , to the best of my knowledge, after reasonable inquiry, are true and correct and accurate copies of documents found at the Facility. Subscribed and sworn to before me this 6th day of January, AMYWBENHAM NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES Notary Public

7 CERTIFICATE OF CONFORMITY STATE OF COLORADO ) ) ss: COUNTY OF ADAMS ) On the day of January, 2016, before me, the undersigned, personally appeared Margaret J. Baumgardner, proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the individual who executed the within Affidavit and Certification of Business Records, in my presence and acknowledged to me Lhat she executed lhe same, and that by her signature on the instrument, the individual executed the Affidavit and Certification of Business Records. Notary Public AMYW BENHAM NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES

8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing CPLR 3122-a Notice of Intent to Offer at Trial Business Records Authenticated by Certification was electronically filed on January 12, 2016, and is available for viewing on the Court's ECF system. Notice of this filing will be sent to all counsel ofrecord via the Court's ECF system. iujjtw&. ~ Siobhain Minarovich, Esq.

9 Index No.: Year: 2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK GASPAR HERNANDEZ-VEGA, -against- Plaintiff, AIR & LIQUID SYSTEMS CORP., et al., Defendants A NOTICE OF INTENT TO OFFER AT TRIAL BUSINESS RECORDS AUTHENTICATED BY CERTIFICATION SIMON LESSER PC Attorneys for Defendant Fisher Controls International LLC Office and Post Office Address 355 LEXINGTON AVENUE, lo'h FLOOR NEW YORK, NEW YORK (212) ATTORNEY'S CERTIFICATION STATE OF NEW YORK, COUNTY OF NEW YORK The undersigned, an attorney admitted to practice in the State of New York, does hereby certify, pursuant to Section 2105 CPLR, that I have compared the within with the original and have found it to be a true and complete copy thereof. Dated: NOTICE OF ENTRY OR SETTLEMENT PLEASE TAKE NOTICE that an order NOTICE OF ENTRY of which the within is a (true) (certified) copy ofa within named court on NOTICE OF SETTLEMENT will be presented for settlement to the Hon. Court, at on 20 at Dated: 20 Dated: January 12, 2016 Signature Pursuant to 22 NYCRR duly entered in the office of the clerk of the one of the judges of the within named o'clock M. 51 ell11i1.u)1/1u 1ttrrrt/1d Siobhain Minarovich, Esq.