Document 1564mxLX4E907EJrMo1bbxJd5
FILE NAME Cape Asbestos CAPE
DATE 2023 DOC CAPE103
DOCUMENT DESCRIPTION Legal - Move to appoint a Receiver over Cape PLC Tibbs Case Exhibit 1
STATE OF SOUTH CAROLINA COUNTY OF RICHLAND
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IN THE COURT OF COMMON PLEAS
)
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FOR THE FIFTH JUDICIAL CIRCUIT
KEITH W. PARK individually and as the Personal Representative of the Estate of
ISABELLA PARK
Plaintiffs
A NO 40-02727
In Re
Asbestos Personal Injury Litigation
Coordinated Docket
V.
de ARMSTRONG INTERNATIONAL INC
et al
Defendants
ee
ORDER
Plaintiffs have moved this Court to appoint a Receiver over Cape PLC pursuant to S.C. Code 15-65-10This Court finds that the application is meritorious under the applicable statute because Cape PLC as the successor in interest to Cape Industries Ltd. k Cape Asbestos Company Ltd. Cape Asbestos and its subsidiaries and global affiliates collectively Cape or the Company have dissolved and Cape a foreign corporation has forfeited its charter and has further failed to answer this case and therefore Plaintiffs request for an expedited ruling on this motion is appropriate and also granted
Therefore this Court hereby appoints Peter Protopapas be and hereby is appointed Receiver in this case pursuant to the South Carolina Law with the power and authority fully administer all assets of Cape accept service on behalf of Cape engage counsel on behalf of Cape and take any and all steps necessary to protect the interests of Cape whatever they may be This order is inclusive of but not limited to the right and obligation to administer any insurance assets of Cape as well as any claims related to the actions or failure to act of Cape's insurance carriers
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203CP41759201CP47CASE 2021CP4002727
203CP401759
In addition to the powers of the Receiver set forth herein the Receiver shall have the following rights authority and powers with respect to the Respondent's property to ) collect all
accounts receivable of Respondent and all rents due to the Respondent from any tenant 2 to change locks to all premises at which any property is situated 3 open any mail addressed to the defendant and addressed to any business owned by the Respondent redirect the delivery of any mail addressed to the Respondent or any business of the Respondent so that the mail may come directly to the receiver 4 endorse and cash all checks and negotiable instruments payable to Respondent except paychecks for current wages 5 hire a real estate broker to sell any real property and mineral interest belonging to the Respondents 6 hire any person or company to move and store the property of Respondent 7 to insure any property belonging to the Respondents but not the obligation 8 obtain from any financial institution bank credit union savings and loan or title company credit bureau or any other third party any financial records belonging to or pertaining to the Defendants 9 obtain from any landlord building owner or building manager where the Respondent or the Respondent's business is a tenant copies of the Respondent's lease lease application credit application payment history and copies of Respondent's checks for rent or other payments 10 hire any person or company necessary to accomplish any right or power under this Order and 11 take all action necessary to gain access to all storage facilities safetydeposit boxes real property and leased premises wherein any property of Respondent may be situated and to review and obtain copies of all documents related to same
Based on the Court's experience in other receivership matters and in an effort to streamline these proceedings the Court expects the Receiver to investigate the existence of all insurance coverages potentially available to the company in receivership The Receiver will provide potential insurers with lists of work sites contractors and insurance brokers and agents to facilitate
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203CP41759201CP47CASE 2021CP40 2727
203CP401759
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the insurers searches for coverage specifically including coverage provided to any related or
ELCTRONIAY subsidiary companies of the company in receivership or any company for whom the company in
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FILED receivership did work as an additional insured under coverage written to another entity The
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Court expects all insurers to comply with subpoenas issued by this Court and its Receiver in
2023 2023
effectuating these thorough searches The Court further orders that as the Receiver Court that the Receiver or Cape may not be
sued outside this Court without obtaining the Receiver's consent or an order of this Court prior to
Oct Mar
18 17
10:18 8:28
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doing so
RICHLANDRICHLAND AND IT IS SO ORDERED -
COMON COMON
PLEAS
PLEAS PLEAS
JUDGE'S SIGNATURE PAGE FOLLOWS
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203CP41759201CP47CASE 2021CP40 2727
203CP401759
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Richland Common Pleas
18 17
Case Caption
Isabella Park , plaintiff et al vs defendant et al
Armstrong International Inc ,
10:18 8:28
AM AM
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RICHLANDRICHLAND Case Number
2021CP4002727
Type
Appointment of Receiver
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So Ordered
COMON COMON
PLEAS PLEAS Jean H. Toal -
Electronically signed on 2023-03-16 11:28:55 page 4 of 4
CASE
2021CP40 2727
203CP41759 20CP47