INCOME EXECUTION FOR SUPPORT ENFORCEMEN1 PURSUANT TO SECTION 5241 OF THE CIVIL PRACTICE LAW AND RULES

IMPORTANT: INCLUDE NAME AND ACCOUNT NUMBER WITH ALL PAYMENTS

DATE: 09/03/1999

SOFTWARE WORKSHOP INCORPORAT NY  13027-

COUNTY, PETITIONER

- AGAINST

JOHN  MURTARI                 , RESPONDENT SOCIAL SEC. NO:  XXX

THE PEOPLE OF THE STATE OF NEW YORK
TO THE EMPLOYER OR INCOME PAYOR, GREETINGS:

THE FOLLOWING ORDER, JUDGMENT OR DECREE, PAYABLE TO ONONDAGA                                           COUNTY SUPPORT COLLECTION
UNIT, (THE CREDITOR), WAS ENTERED IN ONONDAGA COUNTY FAMILY OR                                       SUPREME COURT IN FAVOR OF THE
PETITIONER AND AGAINST THE RESPONDENT:

PAYMENTS ORDERED $120.00 WEEKLY $0.00 WEEKLY

ENTRY DATE 11/30/1998

PAYMENTS ORDERED $0.00 WEEKLY

AS OF SEPTEMBER 03, 1999 the ARREARS OWED FOR THE ABOVE ORDER(S) ARE  $14738.83  , which INCLUDES A TOTAL PAST DUE AMOUNT OF  $14738.83    ARREARS FOR ANY ORDERS NOT SUBJECT TO INCOME EXECUTION AND THUS NOT LISTED ABOVE, ARE NOT INCLUDED IN THAT FIGURE.

THIS INCOME EXECUTION.IS ISSUED AGAINST THE RESPONDENT IDENTIFIED ABOVE, (THE DEBTOR), KNOWN ADDRESS IS

NOW, THEREFORE, PURSUANT TO CPLR SECTON 5241 AND EITHER FAMILY COURT ACT SECTION 440 OR DOMESTIC RELATIONS LAW SECTION 240, WE DIRECT THAT YOU, THE EMPLOYER OR INCOME PAYOR, SATISFY THE ORDER(S) OUT OF ALL MONIES NOW AND HEREINAFTER DUE AND OWING TO THE DEBTOR.

NOTICE TO THE DEBTOR (RESPONDENT):!

YOU ARE HEREBY NOTIFIED THAT THIS INCOME EXECUTION IS ISSUED AS A RESULT OF THE ORDER(S) LISTED ABOVE WHICH DIRECT PAYMENT TO THE SUPPORT COLLECTION UNIT.

THIS INCOME EXECUTION IS BEING SERVED ON YOUR CURRENT OR SUBSEQUENT EMPLOYER(S) OR INCOME PAYOR(S) (AS LISTED ABOVE), AND THE NEW YORK STATE DEPARTMENT OF LABOR, WITH RESPECT TO CURRENT OR SUBSEQUENT INCOME.  IF, UPON REVIEW OF THIS INCOME EXECUTION NOTICE, YOU DETERMINE THAT ISSUANCE OF THIS INCOME EXECUTION IS IN WHOLE OR IN PART IN ERROR, YOU MAY NOTIFY THE SUPPORT COLLECTION UNIT BY WRITIN& TQ:

ONONDAGA COUNTY SCU           INCOME EXECUTION UNIT 600 S STATE ST 5TH FL                SYRACUSE TELEPHONE NUMBER: (315) 435-2560

YOU SHOULD MAKE A SUBMISSION OF INFORMATION AND EVIDENCE BY MAIL TO SUPPORT YOUR ASSERTION OF AN ERROR IN THE ISSUANCE OF THIS INCOME EXECUTION.  THEREAFTER, THE SUPPORT COLLECTION UNIT WILL DETERMINE THE MERITS OF YOUR OBJECTION AND WILL NOTIFY YOU OF ITS DETERMINATION WITHIN THIRTY (30) DAYS AFTER THEIR RECEIPT OF NOTIFICATION FROM YOU.

DIRECTIONS TO THE EMPLOYER OR INCOME PAYOR:

YOU ARE HEREBY DIRECTED TO WITHHOLD AND PAY OVER TO WHOSE ADDRESS IS  ONONDAGA CO.SUPP.COLL UNIT

P.O.BOX 15331 TELEPHONE NUMBER:(   ) THE FOLLOWING AMOUNT(S):

(1)       $120.00 WEEKLY            TO SATISFY THE PAYMENTS ORDERED AS LISTED ABOVE NOT TO EXCEED THE LIMITATIONS SET FORTH ON THE REVERSE SIDE OF THIS FORM.  IF SUCH DEDUCTION IS LESS THAN FORTY PERCENT OF THE DEBTOR'S DISPOSABLE EARNINGS REMAINING AFTER DEDUCTIONS REQUIRED BY LAW THEN ADD (2);

(2) AN ADDITIONAL AMOUNT OF       $60.00 WEEKLY             TOWARD SATISFACTION OF THE TOTAL PAST DUE AMOUNT OF   $14738.83            as OF SEPTEMBER 03, 1999 _ and FURTHER AMOUNTS WHICH BECOME PAST DUE SUBSEQUENT TO THAT DATE.  INCLUDE THIS ADDITIONAL AMOUNT IN WHOLE OR IN PART BUT ONLY TO THE EXTENT THAT SUCH DEDUCTION WHEN COMBINED WITH (1), DOES NOT EXCEED FORTY PERCENT OF THE DEBTOR'S DISPOSABLE EARNINGS.                                    10,267                                            (OVER)

 

DEDUCTIONS MUST COMMENCE NO LATER THAN THE FIRST PAY PERIOD THAT OCCURS AFTER FOURTEEN (14) DAYS FOLLOWING THE SERVICE OF THE EXECUTION AND PAYMENT MUST BE REMITTED WITHIN TEN (10) DAYS OF THE DATE THAT THE DEBTOR IS PAID.  EACH PAYMENT REMITTED BY YOU MUST INCLUDE THE NAME AND SOCIAL SECURITY NUMBER OF THE DEBTOR, THE ACCOUNT NUMBER WHICH APPEARS ON THE FRONT OF THIS FORM AND THE DATE AND AMOUNT OF EACH WITHHOLDING OF THE DEBTOR'S INCOME INCLUDED IN THE PAYMENT.  "DATE OF WITHHOLDING" MEANS THE DATE ON WHICH THE INCOME WOULD OTHERWISE HAVE BEEN PAID OR MADE AVAILABLE TO THE DEBTOR WERE IT NOT WITHHELD BY YOU.

THIS EXECUTION IS BINDING ON YOU UNTIL FURTHER NOTICE. THE EXECUTION IS NOT TO BE USED AS GROUNDS TO DISCHARGE, LAY OFF, OR DISCIPLINE THE DEBTOR-EMPLOYEE, OR REFUSE TO HIRE THE DEBTOR, IF (S)HE IS A PROSPECTIVE EMPLOYEE. SUCH AN ACTION IS CONTRARY TO CPLR SECTION 5252 AND A VIOLATION THEREOF IS PUNISHABLE AS CONTEMPT OF COURT BY FINE OR IMPRISONMENT, OR BOTH.

YOU ARE LIABLE TO THE CREDITOR FOR FAILURE TO WITHHOLD THE AMOUNTS SPECIFIED, PROVIDED. HOWEVER THAT DEDUCTIONS OF THE AMOUNTS SPECIFIED SHALL NOT RELIEVE THE DEBTOR OF THE UNDERLYING SUPPORT OBLIGATION. IF YOU FAIL TO SO PAY THE CREDITOR, THE CREDITOR MAY COMMENCE A PROCEEDING AGAINST YOU FOR ACCRUED DEDUCTIONS, TOGETHER WITH INTEREST AND REASONABLE ATTORNEY'S FEES.

IF THE MONEY DUE THE DEBTOR CONSISTS OF SALARY OR WAGES, AND HIS EMPLOYMENT IS TERMINATED BY RESIGNATION OR DISMISSAL AT ANY TIME AFTER SERVICE OF THIS EXECUTION, THE LEVY SHALL THEREAFTER BE INEFFECTIVE, AND YOU SHALL RETURN THE EXECUTION UNLESS THE DEBTOR IS REINSTATED OR REEMPLOYED WITHIN NINETY (90) DAYS AFTER SUCH TERMINATION.

YOU MUST NOTIFY THE CREDITOR PROMPTLY WHEN THE DEBTOR TERMINATES EMPLOYMENT AND PROVIDE THE DEBTOR'S LAST KNOWN ADDRESS AND THE NAME AND ADDRESS OF THE NEW EMPLOYER, IF KNOWN.

LIMITATIONS ON THE AMOUNT THAT CAN BE LEVIED:

WHERE THE INCOME IS COMPENSATION PAID OR PAYABLE TO THE DEBTOR FOR PERSONAL SERVICES, THE AMOUNT OF THE DEDUCTIONS TO BE WITHHELD SHALL NOT EXCEED THE FOLLOWING:

(1) WHERE A DEBTOR IS CURRENTLY SUPPORTING A SPOUSE OR DEPENDENT CHILD OTHER THAN THE PETITIONER AND/OR HIS/HER DEPENDENT CHILDREN, THE AMOUNT OF DEDUCTIONS WITHHELD MUST NOT EXCEED FIFTY PERCENT OF THE EARNINGS OF THE DEBTOR REMAINING AFTER DEDUCTIONS THEREFROM OF ANY AMOUNTS REQUIRED BY LAW TO BE WITHHELD (DISPOSABLE EARNINGS), EXCEPT THAT IF ANY PART OF SUCH DEDUCTION IS TO BE APPLIED TO THE REDUCTION OF A PAST DUE AMOUNT WHICH SHALL HAVE ACCRUED MORE THAN TWELVE WEEKS PRIOR TO THE BEGINNING OF THE WEEK FOR WHICH SUCH EARNINGS ARE PAYABLE, THE AMOUNT OF SUCH DEDUCTION SHALL NOT EXCEED FIFTY-FIVE PERCENT OF DISPOSABLE EARNINGS.

(2) WHERE A DEBTOR IS NOT CURRENTLY SUPPORTING A SPOUSE OR DEPENDENT CHILD OTHER THAN THE PETITIONER AND/OR DEPENDENT CHILDREN, THE AMOUNT OF DEDUCTIONS WITHHELD MUST NOT EXCEED SIXTY PERCENT OF THE EARNINGS OF THE DEBTOR REMAINING AFTER DEDUCTION THEREFROM OR ANY AMOUNTS REQUIRED BY LAW TO BE WITHHELD (DISPOSABLE EARNINGS), EXCEPT THAT IF ANY PART OF SUCH DEDUCTION IS TO BE APPLIED TO THE REDUCTION OF A PAST DUE AMOUNT WHICH SHALL HAVE ACCRUED MORE THAN TWELVE WEEKS PRIOR TO THE BEGINNING OF THE WEEK FOR WHICH SUCH EARNINGS ARE PAYABLE, THE AMOUNT OF SUCH DEDUCTION SHALL NOT EXCEED SIXTY-FIVE PERCENT OF DISPOSABLE EARNINGS.

PRIORITY:

THIS INCOME EXECUTION SHALL TAKE PRIORITY OVER ANY OTHER ASSIGNMENT, LEVY OR PROCESS. IF AN EMPLOYER OR INCOME PAYOR IS SERVED WITH MORE THAN ONE INCOME EXECUTION PURSUANT TO CPLR SECTION 5241, OR WITH AN EXECUTION PURSUANT TO CPLR 5241 AND ALSO AN INCOME DEDUCTION ORDER PURSUANT TO CPLR 5242, AND IF THE COMBINED TOTAL AMOUNT OF THE DEDUCTION TO BE WITHHELD EXCEEDS THE LIMITS SET FORTH ABOVE, THE EMPLOYER OR INCOME PAYOR SHALL WITHHOLD THE MAXIMUM AMOUNT PERMITTED THbkfcBY AND PAY TO EACH CREDITOR THE PROPORTION THEREOF WHICH SUCH CREDITORS CLAIM BEARS TO THE COMBINED TOTAL. ANY ADDITIONAL DEDUCTION AUTHORIZED TO BE APPLIED TO THE REDUCTION OF A PAST DUE AMOUNT SHALL BE APPLIED IN PROPORTION TO THE PAST DUE AMOUNT OWED TO EACH CREDITOR.

SUPERVISOR SUPPORT COLLECTION UNIT

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