Preview
FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CHEMUNG
__________________________________
VISIONS FEDERAL CREDIT UNION
24 McKinley Avenue
Endicott, New York 13760, AFFIDAVIT IN SUPPORT OF
APPLICATION FOR DEFAULT
Plaintiff, JUDGMENT AND AWARD OF
-against- ATTORNEYS FEES, COSTS
AND DISBURSEMENTS
PHILLIP J. MCDADE
811 Pennsylvania Ave Index No. 2023-5684
Elmira, New York 14904,
Defendant.
__________________________________
STATE OF NEW YORK)
COUNTY OF BROOME ) ss.:
William M. Thomas, Esq., being duly sworn, deposes and states as
follows:
1. That I am an attorney duly licensed to practice law in the
State of New York, and I am a member of the law firm of Aswad &
Ingraham, LLP, attorneys for Visions Federal Credit Union, the
Plaintiff herein.
2. That I make this Affidavit in support of Plaintiff's request
for default judgment against PHILLIP J. MCDADE, and for attorney's
fees, costs and disbursements.
3. That as can be seen from the Summons and Verified Complaint
in the action herein, the Defendant, for the purpose of securing a
certain sum, executed a Note; the Plaintiff is the holder of that
Note, and the Defendant has defaulted in its obligation for payment on
said Note.
4. That this action was commenced by the filing of a Summons and
Verified Complaint with the Chemung County Clerk's Office. A copy of
the Summons and Verified Complaint is attached as Exhibit A.
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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5. That the Defendant was personally served with a copy of the
aforementioned Summons and Complaint to the Defendant's last known
address on September 26, 2023. Copies of the affidavits of service are
attached as Exhibit B.
6. A search of the Servicemembers Civil Relief Act (SCRA)
database reflects that the defendant is not a member of the United
States Armed Forces. A copy of the webpage printout is attached
hereto.
7. That the Defendant has neither served an Answer with respect
to Plaintiff's Complaint within the time required to do so by statute
nor made any motion which would extend Defendant's time to Answer.
Accordingly, Defendant is in default.
8. After reasonable inquiry, your deponent has reason to
believe that the statute of limitations has not expired.
9. Accordingly, Plaintiff moves for a default judgment based on
the aforementioned default of said Defendant as set forth in paragraph
7 herein. Said default judgment amount is calculated, based on the
debt instrument and the Verified Complaint, as follows:
Amount claimed in Verified Complaint . . . . . . . . . . . . . . . . . . . . $ 2, 000. 00
Interest at 13.49% from April 22, 2022 to
November 10, 2023 for 567 days @ $0.74 day ..............$ 419.58
Insurance fees ..........................................$ 33.12
Total ...................................................$ 2,452.70
10. That there is documentary evidence in the form of an
application for credit and installment loan note, a copy of which is
attached to the verified complaint, which sets forth Plaintiff's right
to request reasonable attorneys fees for the cost of bringing this
action, as well as Plaintiff's right to costs and disbursements.
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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11. That Plaintiff's claim herein includes a claim for
attorney's fees, pursuant to the terms of the above mentioned note, in
the amount of $609.94.
12. That the amount of said attorneys fees is computed at my
usual hourly rate of $275.00 per hour as follows:
a. That your deponent expects to expend 5 hours with respect
to the following services which it has provided and
expects to provide in connection with this account:
Review of credit union files and loan documents -
1)
0.75 hrs
Preparation of Summons and Complaint - 0.75 hrs
2)
3) Service of Summons and Complaint and related
correspondence - 0.50 hrs
4) Telephone conferences with the credit union
litigation - 0.50 hrs
regarding
5) Preparation of RJI and application for attorneys fees
in connection with applications for default judgment -
0.50 hrs
6) Preparation of proposed Order with respect to
attorneys fees - 0.75 and
hrs;
7) Preparation of subpoena and sheriff's execution with
respect to enforcement of said judgment - 1.25 hrs
b. Pursuant to Plaintiff's contractual relationship with its
counsel, Plaintiff has agreed to limit the recovery of attorney fees
to not more than 30% of the outstanding balance on the Defendant's
obligation(s). Therefore, attorneys fees are $609.94, rather than
$1,375.00.
13. Attached hereto is Plaintiff's Bill of Costs, showing total
costs and disbursements of $683.49.
WHEREFORE, your deponent respectfully requests that an order and
judgment be issued granting Plaintiff default judgment against the
Defendant in the amount of $2,452.70, plus attorney's fees in the
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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amount of $609.94, plus costs and disbursements in the amount of
$683.49, for a total judgment amount of $3,746.13.
Swo n to before me this William M. Thomas, Esq.
O day of No ember 2023 ,/
Notary Public
DANfELLE L. GP OMF
NOTARY PUBLIC-STA C F NdWYORK
No. 01GR634M50
Qualified in Broome County
Commission Expires 11-17-20 g
My
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023
CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b
The filing attorney hereby certifies, pursuant to 22 NYCRR
202.8-b, that the foregoing document complies with the applicable
word count limit. The total number of words in this document,
exclusive of any caption, table of contents, table of authorities,
and signature block, is 676.
Dated: November 10, 2023
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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STATE OF NEW YORK : SUPREME COURT
COUNTY OF CHEMUNG
__________..____........____________________________... BILL OF COSTS OF PLAINTIFF
VISIONS FEDERAL CREDIT UNION,
Plaintiff, Index No.: 2023-5684
-vs-
PHILLIP J. MCDADE,
Defendant(s)
___________- _- _-------- _...._ _____________...._______
COSTS DISBURSEMENTS
Costs before note of issue............. $200.00 Fee for index number CPLR §8018(a)............................ $210.00
CPLR §8201 subd. 1 Referee's fees CPLR §8301(a)(I), 8003(a)....................
Commissioner's compensation CPLR §8301(a)(2)......
Costs after note of issue................ $ Clerk's fee, filing notice of pend. or attach CPLR§8021(a)(10)
CPLR §8201 subd. 2 Entering and docketing judgment CPLR §8301(a)(7),8016(a)(2)
Paid for searches CPLR §8301(a)(10)...........................
Trial of issue ................................ $ Affidavits & acknowledgments CPLR§8009...........
CPLR §8201 subd. 3 Serving copy summons & complaint CPLR§8011(h)(1),8301(d) 18.49
Request for judicial intervention................................ 95.00
Allowance by statute.................... $ Note of issue CPLR §8020(a)...................................... 45.00
CPLR §8302(d) Paid referee's report CPLR §8301(a)(12).......................
Certified copies of papers COPR §8301(a)(4)..............
Additional allowance................... $ Satisfaction piece CPLR §5020(a), 8021........................
CPLR §8302 (d) Transcripts and filing CPLR §8021................................. 15.00
Certified copy of judgment CPLR§8021.......................
Motion costs................................ $ Postage CPLR §8301(a)(12)......................................
CPLR §8202 Jury fee CPLR §8020(c).............................................
Stenographer's fees CPLR §8002, 8301...................
Appeal to Appellate Term........... $ Sheriff's fees on execution CPLR §8011, 8012......... 100.00
CPLR §8203 (b) Sheriff's fees, attachment, arrest, etc. CPLR §8011....
Paid printing cases CPLR §8301(a)(6)......................
Appeal to Appellate Division..... $ Clerk's fees - Court of Appeals CPLR §8301(a)(12)........
CPLR §8203(a) Paid copies of papers CPLR §8016(a)(4)..........................
Motion expenses CPRL §8301(b).....................................
Appeal to Court of Appeals....... $ Fees for publication CPLR §8301(a)(3)..............................
CPLR §8204 Serving subpoena CPLR §8011(h),1, 8301(d)....................
Paid for Search CPLR §8301(a)(10)....................................
Costs upon frivolous claims ............................................................................................
and counterclaims............... $ ..............................................................................................
CPLR §8303-a Referee's report....................................................................
Attendance of witnesses CPLR§8001(a)(b)(c),8301(a)(1).....
COSTS $200.00 DISBURSEMENTS $483.49
DISBURSEMENTS $483.49
TOTAL $683.49
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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STATE OF NEW YORK
COUNTY OF BROOME ss.:
The undersigned, an attorney admitted to practice in the courts of this state, affirms: that I am the attorney(s) of record
for the Plaintiffin the above entitled action; thatthe foregoing disbursements have been or will necessarily be made or incurred
in this action and are reasonable in amount and that each of the persons named as witnesses attended as such witness on the
trial, hearing or examination before trial herein the number of days set opposite their names; that each of said persons resided
the number of miles set opposite their names from the place of said trial, hearing or examination; and each of said persons, as
such witness as aforesaid, necessarily traveled the number of miles so set opposite their names in traveling to, and the same
distance in returning from, the said place of trial, hearing or examination; and that copies of documents or papers as charged
herein were actually and necessarily obtained for use.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: November 10, 2023
William M. Thomas
ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905
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Department of Defense Manpower Data Center Ruuhm of: Nov42023 01:46:48
PM
SCRA5.18
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2069
Birth Date:
Last Name: MCDADE
First Name: PHILLIP
Middle Name:
Status As Of: Nov-10-2023
Certificate ID: 8R8MVP97V5HSPT6
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
ThisresponserollectstheIndividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutystatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceCornponent
NA NA No NA
Thisresponse
reflects leftactivedutystatuswithin367dayspreceding
wheretheindividual theActiveDutyStatusDate
TheMember ofa FutureCall-Up
orHis/HerUnitWasNotified toActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA NA No NA
reflects
Thisresponse whether
theindividual unithasreceived
orhis/her notification
ear1y toreportforactiveduty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
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FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civii Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued Ilundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
- Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is impodant because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
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Preview
FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF CHEMUNG __________________________________ VISIONS FEDERAL CREDIT UNION 24 McKinley Avenue Endicott, New York 13760, AFFIDAVIT IN SUPPORT OF APPLICATION FOR DEFAULT Plaintiff, JUDGMENT AND AWARD OF -against- ATTORNEYS FEES, COSTS AND DISBURSEMENTS PHILLIP J. MCDADE 811 Pennsylvania Ave Index No. 2023-5684 Elmira, New York 14904, Defendant. __________________________________ STATE OF NEW YORK) COUNTY OF BROOME ) ss.: William M. Thomas, Esq., being duly sworn, deposes and states as follows: 1. That I am an attorney duly licensed to practice law in the State of New York, and I am a member of the law firm of Aswad & Ingraham, LLP, attorneys for Visions Federal Credit Union, the Plaintiff herein. 2. That I make this Affidavit in support of Plaintiff's request for default judgment against PHILLIP J. MCDADE, and for attorney's fees, costs and disbursements. 3. That as can be seen from the Summons and Verified Complaint in the action herein, the Defendant, for the purpose of securing a certain sum, executed a Note; the Plaintiff is the holder of that Note, and the Defendant has defaulted in its obligation for payment on said Note. 4. That this action was commenced by the filing of a Summons and Verified Complaint with the Chemung County Clerk's Office. A copy of the Summons and Verified Complaint is attached as Exhibit A. ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 1 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 5. That the Defendant was personally served with a copy of the aforementioned Summons and Complaint to the Defendant's last known address on September 26, 2023. Copies of the affidavits of service are attached as Exhibit B. 6. A search of the Servicemembers Civil Relief Act (SCRA) database reflects that the defendant is not a member of the United States Armed Forces. A copy of the webpage printout is attached hereto. 7. That the Defendant has neither served an Answer with respect to Plaintiff's Complaint within the time required to do so by statute nor made any motion which would extend Defendant's time to Answer. Accordingly, Defendant is in default. 8. After reasonable inquiry, your deponent has reason to believe that the statute of limitations has not expired. 9. Accordingly, Plaintiff moves for a default judgment based on the aforementioned default of said Defendant as set forth in paragraph 7 herein. Said default judgment amount is calculated, based on the debt instrument and the Verified Complaint, as follows: Amount claimed in Verified Complaint . . . . . . . . . . . . . . . . . . . . $ 2, 000. 00 Interest at 13.49% from April 22, 2022 to November 10, 2023 for 567 days @ $0.74 day ..............$ 419.58 Insurance fees ..........................................$ 33.12 Total ...................................................$ 2,452.70 10. That there is documentary evidence in the form of an application for credit and installment loan note, a copy of which is attached to the verified complaint, which sets forth Plaintiff's right to request reasonable attorneys fees for the cost of bringing this action, as well as Plaintiff's right to costs and disbursements. ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 2 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 11. That Plaintiff's claim herein includes a claim for attorney's fees, pursuant to the terms of the above mentioned note, in the amount of $609.94. 12. That the amount of said attorneys fees is computed at my usual hourly rate of $275.00 per hour as follows: a. That your deponent expects to expend 5 hours with respect to the following services which it has provided and expects to provide in connection with this account: Review of credit union files and loan documents - 1) 0.75 hrs Preparation of Summons and Complaint - 0.75 hrs 2) 3) Service of Summons and Complaint and related correspondence - 0.50 hrs 4) Telephone conferences with the credit union litigation - 0.50 hrs regarding 5) Preparation of RJI and application for attorneys fees in connection with applications for default judgment - 0.50 hrs 6) Preparation of proposed Order with respect to attorneys fees - 0.75 and hrs; 7) Preparation of subpoena and sheriff's execution with respect to enforcement of said judgment - 1.25 hrs b. Pursuant to Plaintiff's contractual relationship with its counsel, Plaintiff has agreed to limit the recovery of attorney fees to not more than 30% of the outstanding balance on the Defendant's obligation(s). Therefore, attorneys fees are $609.94, rather than $1,375.00. 13. Attached hereto is Plaintiff's Bill of Costs, showing total costs and disbursements of $683.49. WHEREFORE, your deponent respectfully requests that an order and judgment be issued granting Plaintiff default judgment against the Defendant in the amount of $2,452.70, plus attorney's fees in the ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 3 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 amount of $609.94, plus costs and disbursements in the amount of $683.49, for a total judgment amount of $3,746.13. Swo n to before me this William M. Thomas, Esq. O day of No ember 2023 ,/ Notary Public DANfELLE L. GP OMF NOTARY PUBLIC-STA C F NdWYORK No. 01GR634M50 Qualified in Broome County Commission Expires 11-17-20 g My 4 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 CERTIFICATION PURSUANT TO 22 NYCRR § 202.8-b The filing attorney hereby certifies, pursuant to 22 NYCRR 202.8-b, that the foregoing document complies with the applicable word count limit. The total number of words in this document, exclusive of any caption, table of contents, table of authorities, and signature block, is 676. Dated: November 10, 2023 ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 5 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK : SUPREME COURT COUNTY OF CHEMUNG __________..____........____________________________... BILL OF COSTS OF PLAINTIFF VISIONS FEDERAL CREDIT UNION, Plaintiff, Index No.: 2023-5684 -vs- PHILLIP J. MCDADE, Defendant(s) ___________- _- _-------- _...._ _____________...._______ COSTS DISBURSEMENTS Costs before note of issue............. $200.00 Fee for index number CPLR §8018(a)............................ $210.00 CPLR §8201 subd. 1 Referee's fees CPLR §8301(a)(I), 8003(a).................... Commissioner's compensation CPLR §8301(a)(2)...... Costs after note of issue................ $ Clerk's fee, filing notice of pend. or attach CPLR§8021(a)(10) CPLR §8201 subd. 2 Entering and docketing judgment CPLR §8301(a)(7),8016(a)(2) Paid for searches CPLR §8301(a)(10)........................... Trial of issue ................................ $ Affidavits & acknowledgments CPLR§8009........... CPLR §8201 subd. 3 Serving copy summons & complaint CPLR§8011(h)(1),8301(d) 18.49 Request for judicial intervention................................ 95.00 Allowance by statute.................... $ Note of issue CPLR §8020(a)...................................... 45.00 CPLR §8302(d) Paid referee's report CPLR §8301(a)(12)....................... Certified copies of papers COPR §8301(a)(4).............. Additional allowance................... $ Satisfaction piece CPLR §5020(a), 8021........................ CPLR §8302 (d) Transcripts and filing CPLR §8021................................. 15.00 Certified copy of judgment CPLR§8021....................... Motion costs................................ $ Postage CPLR §8301(a)(12)...................................... CPLR §8202 Jury fee CPLR §8020(c)............................................. Stenographer's fees CPLR §8002, 8301................... Appeal to Appellate Term........... $ Sheriff's fees on execution CPLR §8011, 8012......... 100.00 CPLR §8203 (b) Sheriff's fees, attachment, arrest, etc. CPLR §8011.... Paid printing cases CPLR §8301(a)(6)...................... Appeal to Appellate Division..... $ Clerk's fees - Court of Appeals CPLR §8301(a)(12)........ CPLR §8203(a) Paid copies of papers CPLR §8016(a)(4).......................... Motion expenses CPRL §8301(b)..................................... Appeal to Court of Appeals....... $ Fees for publication CPLR §8301(a)(3).............................. CPLR §8204 Serving subpoena CPLR §8011(h),1, 8301(d).................... Paid for Search CPLR §8301(a)(10).................................... Costs upon frivolous claims ............................................................................................ and counterclaims............... $ .............................................................................................. CPLR §8303-a Referee's report.................................................................... Attendance of witnesses CPLR§8001(a)(b)(c),8301(a)(1)..... COSTS $200.00 DISBURSEMENTS $483.49 DISBURSEMENTS $483.49 TOTAL $683.49 ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 6 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 STATE OF NEW YORK COUNTY OF BROOME ss.: The undersigned, an attorney admitted to practice in the courts of this state, affirms: that I am the attorney(s) of record for the Plaintiffin the above entitled action; thatthe foregoing disbursements have been or will necessarily be made or incurred in this action and are reasonable in amount and that each of the persons named as witnesses attended as such witness on the trial, hearing or examination before trial herein the number of days set opposite their names; that each of said persons resided the number of miles set opposite their names from the place of said trial, hearing or examination; and each of said persons, as such witness as aforesaid, necessarily traveled the number of miles so set opposite their names in traveling to, and the same distance in returning from, the said place of trial, hearing or examination; and that copies of documents or papers as charged herein were actually and necessarily obtained for use. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: November 10, 2023 William M. Thomas ASWAD & INGRAHAM, LLP - ATTORNEYS AT LAW - 46 FRONT STREET - BINGHAMTON, NY 13905 7 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 Department of Defense Manpower Data Center Ruuhm of: Nov42023 01:46:48 PM SCRA5.18 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2069 Birth Date: Last Name: MCDADE First Name: PHILLIP Middle Name: Status As Of: Nov-10-2023 Certificate ID: 8R8MVP97V5HSPT6 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA ThisresponserollectstheIndividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutystatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceCornponent NA NA No NA Thisresponse reflects leftactivedutystatuswithin367dayspreceding wheretheindividual theActiveDutyStatusDate TheMember ofa FutureCall-Up orHis/HerUnitWasNotified toActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA NA No NA reflects Thisresponse whether theindividual unithasreceived orhis/her notification ear1y toreportforactiveduty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 8 of 9 FILED: CHEMUNG COUNTY CLERK 11/20/2023 02:01 PM INDEX NO. 2023-5684 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/20/2023 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civii Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued Ilundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the Individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). - Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is impodant because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. 9 of 9