Preview
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 1 of 6 Trans ID: SCP2021862253
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 CENTURY DRIVE
PARSIPPANY, NJ 07054
973-538-4700 FAX 973-644-3287
May 10, 2021
Special Civil Part, MONMOUTH County
71 Monument Park PO Box 1270
Freehold, NJ 07728
Re: SYNERGY MEDICAL LABORATORIES,
vs: Arthur Evaristo
Docket No.: DC-008718-20
Our File No.: 20940022
Dear Sir or Madam:
Enclosed please find a Notice of Application for Wage Garnishment and Certification
of Amount Due for filing in the above captioned matter.
Kindly provide us with an executed copy of the documents. Kindly provide us with an
executed copy of the documents. Please also debit our collateral account number
141375 in the sum of $37.00.
FEIN, SUCH, KAHN & SHEPARD, P.C.
By: /S/ Philip A. Kahn
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 2 of 6 Trans ID: SCP2021862253
FEIN, SUCH, KAHN & SHEPARD, P.C.
Filing Attorney: Philip A. Kahn, Attorney ID:288551973
7 Century Drive, Suite 201
Parsippany, New Jersey 07054
(973) 538-4700
Attorney For Plaintiff(s)
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION-MONMOUTH COUNTY
Plaintiff SPECIAL CIVIL PART
vs.
DOCKET NO: DC-008718-20
ARTHUR EVARISTO CIVIL ACTION
Defendant NOTICE OF APPLICATION FOR WAGE EXECUTION
Arthur Evaristo City of Newark
3 Rambling Brook Drive 920 Broad Street Room 202
Holmdel NJ 07733 Newark, New Jersey 07102
TAKE NOTICE that an application is being made by the judgment-creditor to the above-named Court,
located at MONMOUTH County, 71 Monument Park PO Box 1270, Freehold, NJ 07728 for a Wage Execution
Order to issue against your salary or earnings, to be served on your employer, City of Newark, 920 Broad Street
Room 202, Newark, New Jersey 07102, for (a) 10% of your gross salary when the same shall equal or exceed
the amount of $217.50 per week; or (b) 25% of your disposable earnings for that week; or (c) the amount, if any,
by which your disposable weekly earnings exceed $196.50, whichever shall be the least. Disposable earnings are
defined as that portion of the earnings remaining after the deduction from the gross earnings of any required by law to be
withheld. In the event the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less, if paid
every two weeks, or $471.25 or less, if paid twice per monthly, or $942.50, or less, if paid monthly then no amount shall
be withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one execution
against your wages shall be satisfied at a time. Your employer may not discharge, discipline or discriminate against you
because your earnings have been subjected to garnishment.
If you do not notify the aforesaid Clerk and the judgment-creditor attorney in writing of your objection, you will
receive no further notice and the Order will be signed by the Judge as a matter of course.
You may notify the Clerk of MONMOUTH County, Special Civil Part located at 71 Monument Park PO Box 1270
Freehold, NJ 07728, and the attorneys for judgment-creditor, whose address appears above, in writing, within ten (10)
days after service of this notice upon you, why such an Order should not be issued, and thereafter the application for the
Order will be set down for a hearing of which you will receive notice of the date, time and place. You may also object
after the wage execution has been ordered and a hearing will be scheduled by the Clerk of the Court within seven days of
the Clerk's receipt of the objection.
CERTIFICATION OF SERVICE
I served the within Notice upon the judgment-debtor Arthur Evaristo on this date by sending it simultaneously by
first class mail and certified mail, return receipt requested at defendant's last known address.
I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements
made by me are wilfully false, I am subject to punishment.
By: /S/ Philip A. Kahn
Attorney for Judgment-Creditor
Dated:April 16, 2021
File #: 20940022
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 3 of 6 Trans ID: SCP2021862253
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 4 of 6 Trans ID: SCP2021862253
SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - MONMOUTH COUNTY
Plaintiff SPECIAL CIVIL PART
vs. DOCKET NO: DC-008718-20
ARTHUR EVARISTO ORDER, CERTIFICATION AND EXECUTION AGAINST
EARNINGS PURSUANT TO 15 U.S.C.1673 AND
Defendant(s) N.J.S.A. 2A:17-56
Arthur Evaristo
3 Rambling Brook Drive
Holmdel NJ 07733
Name and Address of Employer Ordered to Make Central payroll if other than employer address (if any):
Deductions:
City of Newark
920 Broad Street Room 202
Newark, New Jersey 07102
Unless the designated defendant is currently subject to withholding under another wage execution, the employer
is ordered to deduct from the earning which the designated defendant receives and to pay over to the court officer
named below, the lesser of the following: (a) 10% of the gross weekly pay; or (b) 25% of disposable earnings for that
week; or (c) the amount, if any, by which the designated defendant's disposable weekly earnings exceed $217.50 per
week, until the total amount due has been deducted or the complete termination of employment. Upon either of these
events, an immediate accounting is to be made to the court officer. Disposable earnings are defined as that portion of the
earnings remaining after the deduction from gross earnings of any amounts required by law to be withheld. In the event
the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less, if paid every two weeks, or
$471.25 or less, if paid twice per month, or $942.50, or less, if paid monthly then no amount shall be withheld under this
execution. In no event shall more than 10% of gross salary be withheld and only one execution against the wages of the
designated defendant shall be satisfied at a time. Please refer to the section of this form titled "How to Calculate Proper
Garnishment Amount".
The employer shall immediately give the designated defendant a copy of this order. The designated defendant
may object to the wage execution or apply for a reduction in the amount withheld at any time. To object or apply for a
reduction, a written statement of the objection or reasons for a reduction must be filed with the Clerk of the Court and a
copy must be sent to the creditor's attorney or directly to the creditor if there is no attorney. A hearing will be held within
7 days after filing the objection or application for a reduction. According to law, no employer may terminate an employee
because of a garnishment.
Judgment date : April 7, 2021 D ate:
T otal Judgment Amount $3,463.00
Interest from Prior W rits 0.00
C osts from Prior W rits 0.00
Subtotal A $3,463.00
C redits from Prior W rits 0.00
Subtotal B $3,463.00
W arrant for Arrest Fees: $.00
Exemplified C opy of Judgment 0.00 Judge
Fees
N ew Miscellaneous O ther Fees 0.00
T otal New Miscellaneous C osts 0.00
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 5 of 6 Trans ID: SCP2021862253
N ew Interest on $4.84 C lerk of the Special C ivil Part
this W rit
N ew C redits on this W rit $.00
Execution Fees & Mileage $37.00 Make payments at least monthly to
C ourt O fficer as set forth:
Subtotal C $3,504.84
C ourt O fficer Fees $350.48 I RETURN this execution to the Court
( ) Unsatisfied ( ) Satisfied ( ) Partly satisfied
T otal Due this date
$3,855.32
Amount Collected $______________
Plaintiff's Attorney and Address: Fee Deducted $______________
Philip A. Kahn, Esq Amount Due to attorney $______________
Fein, Such, Kahn & Shepard, PC
7 C entury D rive, Suite 201
Parsippany, N J 07054
I certify that the foregoing statements made by me are true. I am Date: \
aware that if any of the foregoing statements made by me are willfully Court Officer:
false, I am subject to punishment.
s/Philip A. Kahn, Esq.
D ate: May 10, 2021
**R.4:42-11 Interest: 2021 at 1.5% (34 days @ $.14 (P/D)=$4.84)
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 6 of 6 Trans ID: SCP2021862253
HOW TO CALCULATE PROPER GARNISHMENT AMOUNT
1. Gross pay per pay period:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
2. Less Amounts legally required to be deducted:
(a) Federal income tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(b) Social Security (FICA or OASDI). . . . . . . . . . . . . . . . . . . . . . $
(c) Medicare... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(d) State Income Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(e) Unemployment Insurance (SUI). . . . . . . . . . . . . . . . . . . . . . . $
(f) Temporary Disability Insurance (TDI). . . . . . . . . . . . . . . . . . . $
(g) Family Leave Insurance (FLI). . . . . . . . . . . . . . . . . . . . . . . . $
(h) Workforce Development Fund/Supplement Workforce (WFD/SWF. $
(i) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
3. Total allowable deductions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
4. Net pay (Subtract line 3 from line 1) (Follow steps 5-9). . . . . . . . . . . . $
5. If salary is paid: Exemption Amount:
! weekly, then subtract $217.50
! every two weeks, then subtract $435.00
! twice per month, then subtract $471.25
! monthly, then subtract $942.50
(Federal law prohibits any garnishment when net pay is
smaller than the exemption amount on line 5). . . . . . . . . . . . . . -
6. Equals the amount potentially subject to garnishment (subtract line 5
from line 4 and if less than zero, enter zero). . . . . . . . . . . . . . . . . . . . =
7. Take "total allowable deductions" (Line 4) and multiply by .25:
$___________x .25=$__________________. . . . . . . . . . . . . . .
8. Take the gross pay (Line 1) and multiply by .10
$__________x .10=$_______________. . . . . . . . . . . . . . . . . . .
9. Compare lines 6,7 and 8 - the amount which may
lawfully be deducted is the smallest amount on
Line 6, Line 7 or Line 8, i.e... . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Source 15 U.S.C 1671 et seq; 29 C.F.R. 870; N.J.S.A.:17-50 et seq.
MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 1 of 3 Trans ID: SCP2021862253
Wage Execution
Superior Court of New Jersey Order and Execution Against Earnings
Law Division, Special Civil Part Pursuant to 15 U.S.C. 1673 and N.J.S.A. 2A:17-56
MONMOUTH County
Telephone Number 7323588700 Ext. Judgment Number VJ-1657-21
Docket Number: MON-DC-008718-20 Writ Number Issued
tf
SYNERGY MEDICAL LABO
Plaintiff
vs
ARTHUR EVARISTO Name and Address of Employer Ordered to Make Deductions
CITY OF NEWARK
Designated Defendant 920 BROAD STREET ROOM 202
NEWARK NJ 07102
3 RAMBLING BROOK DRIVE
HOLMDEL NJ 07733
a
Unless the designated defendant is currently subject to withholding under another wage execution, the employer is ordered to
deduct from the earnings which the designated defendant receives and to pay over to the court officer named below, the lesser of the
following: (a) 10% of the gross weekly pay; or (b) 25% of disposable earnings for that week; or (c) the amount, if any, by which the
designated defendant's disposable weekly earnings exceed $217.50 per week, until the total amount due has been deducted or the
complete termination of employment. Upon either of these events, an immediate accounting is to be made to the court officer.
r
Disposable earnings are defined as that portion of the earnings remaining after the deduction from gross earnings of any amounts
required by law to be withheld. In the event the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less,
if paid every two weeks, or $471.25 or less, if paid twice per month, or $942.50, or less, if paid monthly then no amount shall be
withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one execution against the wages
of the designated defendant shall be satisfied at a time. Please refer to the section of this form titled “How to Calculate Proper
Garnishment Amount”.
The employer shall immediately give the designated defendant a copy of this order. The designated defendant may object to
the wage execution or apply for a reduction in the amount withheld at any time. To object or apply for a reduction, a written statement
of the objection or reasons for a reduction must be filed with the Clerk of the Court and a copy must be sent to the creditor’s attorney
or directly to the creditor if there is no attorney. A hearing will be held within 7 days after filing the objection or application for a
D
reduction. According to law, no employer may terminate an employee because of a garnishment.
Date
Judgment Date 04/07/2021
Judgment Award. $ 3300.00
Court Costs & Stat Atty. Fees $ 163.00 Judge
Total Judgment Amount $ 3463.00
Interest from Prior Writs $ 0.00
Costs from Prior Writs $ 0.00
Subtotal A $ 3463.00 Michelle M. Smith
Credits from Prior Writs $ 0.00 Clerk of the Superior Court
Subtotal B $ 3463.00
New Miscellaneous Costs $ 0.00 Make payments at least monthly to Court Officer as set forth:
New Interest on this Writ $ 4.84
New Credits on this Writ $ 0.00
Execution Fees & Mileage $ 37.00 Court Officer
Subtotal C $ 3504.84
Court Officer Fee $ 350.48
Total due this date $ 3855.32
Revised effective 09/01/20, CN 11471 - Appendix XI-J page 1 of 3
MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 2 of 3 Trans ID: SCP2021862253
Plaintiff’s Attorney and Address: I RETURN this execution to the Court
Unsatisfied Satisfied Partly Satisfied
KAHN, PHILIP, A Amount Collected $
FEIN SUCH KAHN & SHEPARD PC Fee Deducted $
7 CENTURY DR STE 201 Amount Due to Attorney $
Date
tf
PARSIPPANY NJ 070544609
973-538-4700
Court Officer:
ra
D
Revised effective 09/01/20, CN 11471 - Appendix XI-J page 2 of 3
MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 3 of 3 Trans ID: SCP2021862253
How to Calculate Proper Garnishment Amount
1. Gross pay per pay period $
2. Less amounts legally required to be deducted:
a. Federal Income Tax $
b. Social Security (FICA or OASDI) $
c. Medicare $
tf
d. State Income Tax $
e. Unemployment Insurance (SUI) $
f. Temporary Disability Insurance (TDI) $
g. Family Leave Insurance (FLI) $
h. Workforce Development Fund/Supplement Workforce (WFD/SWF) $
i. Other $
3. Total allowable deductions (add lines a - i) $
4. Net pay (Subtract line 3 from line 1) $
5. Exemption Amount
If salary is paid: Subtract
a
Weekly $217.50
Every two weeks $435.00
Twice per month $471.25
Monthly $942.50
(Federal law prohibits any garnishment when net pay is smaller than the exemption amount on line 5) -
r
6. Equals the amount potentially subject to garnishment (subtract line 5 from line 4 and if less than zero,
enter zero) =
7. Take net pay (line 4) and multiply by .25 $ x .25 =
8. Take “gross pay” (line 1) and multiply by .10 $ x .10 =
9. Compare lines 6, 7 and 8 - the amount which may lawfully be deducted is the smallest amount on line 6, $
line 7, or line 8.
Source: 15 U.S.C. 1671 et seq.; 29 C.F.R. 870; N.J.S.A. 2A:17- 50 et seq.
D
[Note: Former Appendix XI-I adopted effective January 2, 1989; amended June 29, 1990, effective September 4, 1990; amended
July 14, 1992, effective September 1, 1992; redesignated as Appendix XI-J and amended July 13, 1994, effective September 1,
1994; amended September 27, 1996, effective October 1, 1996; amended July 30, 1997, effective September 1, 1997; amended July
28, 2004 to be effective September 1, 2004; amended July 3, 2007, to be effective July 24, 2007; amended July 2, 2008, to be
effective July 24, 2008; amended July 9, 2009 to be effective July 24, 2009; amended November 6, 2013 to be effective November
25, 2013; amended July 22, 2014 to be effective September 1, 2014; amended August 1, 2016 to be effective September 1, 2016;
amended March 7, 2017 to be effective immediately, amended July 31, 2020 to be effective September 1, 2020.
Revised effective 09/01/20, CN 11471 - Appendix XI-J page 3 of 3
Preview
MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 1 of 6 Trans ID: SCP2021862253 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 CENTURY DRIVE PARSIPPANY, NJ 07054 973-538-4700 FAX 973-644-3287 May 10, 2021 Special Civil Part, MONMOUTH County 71 Monument Park PO Box 1270 Freehold, NJ 07728 Re: SYNERGY MEDICAL LABORATORIES, vs: Arthur Evaristo Docket No.: DC-008718-20 Our File No.: 20940022 Dear Sir or Madam: Enclosed please find a Notice of Application for Wage Garnishment and Certification of Amount Due for filing in the above captioned matter. Kindly provide us with an executed copy of the documents. Kindly provide us with an executed copy of the documents. Please also debit our collateral account number 141375 in the sum of $37.00. FEIN, SUCH, KAHN & SHEPARD, P.C. By: /S/ Philip A. Kahn MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 2 of 6 Trans ID: SCP2021862253 FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Century Drive, Suite 201 Parsippany, New Jersey 07054 (973) 538-4700 Attorney For Plaintiff(s) SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 ARTHUR EVARISTO CIVIL ACTION Defendant NOTICE OF APPLICATION FOR WAGE EXECUTION Arthur Evaristo City of Newark 3 Rambling Brook Drive 920 Broad Street Room 202 Holmdel NJ 07733 Newark, New Jersey 07102 TAKE NOTICE that an application is being made by the judgment-creditor to the above-named Court, located at MONMOUTH County, 71 Monument Park PO Box 1270, Freehold, NJ 07728 for a Wage Execution Order to issue against your salary or earnings, to be served on your employer, City of Newark, 920 Broad Street Room 202, Newark, New Jersey 07102, for (a) 10% of your gross salary when the same shall equal or exceed the amount of $217.50 per week; or (b) 25% of your disposable earnings for that week; or (c) the amount, if any, by which your disposable weekly earnings exceed $196.50, whichever shall be the least. Disposable earnings are defined as that portion of the earnings remaining after the deduction from the gross earnings of any required by law to be withheld. In the event the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less, if paid every two weeks, or $471.25 or less, if paid twice per monthly, or $942.50, or less, if paid monthly then no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one execution against your wages shall be satisfied at a time. Your employer may not discharge, discipline or discriminate against you because your earnings have been subjected to garnishment. If you do not notify the aforesaid Clerk and the judgment-creditor attorney in writing of your objection, you will receive no further notice and the Order will be signed by the Judge as a matter of course. You may notify the Clerk of MONMOUTH County, Special Civil Part located at 71 Monument Park PO Box 1270 Freehold, NJ 07728, and the attorneys for judgment-creditor, whose address appears above, in writing, within ten (10) days after service of this notice upon you, why such an Order should not be issued, and thereafter the application for the Order will be set down for a hearing of which you will receive notice of the date, time and place. You may also object after the wage execution has been ordered and a hearing will be scheduled by the Clerk of the Court within seven days of the Clerk's receipt of the objection. CERTIFICATION OF SERVICE I served the within Notice upon the judgment-debtor Arthur Evaristo on this date by sending it simultaneously by first class mail and certified mail, return receipt requested at defendant's last known address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. By: /S/ Philip A. Kahn Attorney for Judgment-Creditor Dated:April 16, 2021 File #: 20940022 MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 3 of 6 Trans ID: SCP2021862253 MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 4 of 6 Trans ID: SCP2021862253 SYNERGY MEDICAL LABORATORIES, PC SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MONMOUTH COUNTY Plaintiff SPECIAL CIVIL PART vs. DOCKET NO: DC-008718-20 ARTHUR EVARISTO ORDER, CERTIFICATION AND EXECUTION AGAINST EARNINGS PURSUANT TO 15 U.S.C.1673 AND Defendant(s) N.J.S.A. 2A:17-56 Arthur Evaristo 3 Rambling Brook Drive Holmdel NJ 07733 Name and Address of Employer Ordered to Make Central payroll if other than employer address (if any): Deductions: City of Newark 920 Broad Street Room 202 Newark, New Jersey 07102 Unless the designated defendant is currently subject to withholding under another wage execution, the employer is ordered to deduct from the earning which the designated defendant receives and to pay over to the court officer named below, the lesser of the following: (a) 10% of the gross weekly pay; or (b) 25% of disposable earnings for that week; or (c) the amount, if any, by which the designated defendant's disposable weekly earnings exceed $217.50 per week, until the total amount due has been deducted or the complete termination of employment. Upon either of these events, an immediate accounting is to be made to the court officer. Disposable earnings are defined as that portion of the earnings remaining after the deduction from gross earnings of any amounts required by law to be withheld. In the event the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less, if paid every two weeks, or $471.25 or less, if paid twice per month, or $942.50, or less, if paid monthly then no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one execution against the wages of the designated defendant shall be satisfied at a time. Please refer to the section of this form titled "How to Calculate Proper Garnishment Amount". The employer shall immediately give the designated defendant a copy of this order. The designated defendant may object to the wage execution or apply for a reduction in the amount withheld at any time. To object or apply for a reduction, a written statement of the objection or reasons for a reduction must be filed with the Clerk of the Court and a copy must be sent to the creditor's attorney or directly to the creditor if there is no attorney. A hearing will be held within 7 days after filing the objection or application for a reduction. According to law, no employer may terminate an employee because of a garnishment. Judgment date : April 7, 2021 D ate: T otal Judgment Amount $3,463.00 Interest from Prior W rits 0.00 C osts from Prior W rits 0.00 Subtotal A $3,463.00 C redits from Prior W rits 0.00 Subtotal B $3,463.00 W arrant for Arrest Fees: $.00 Exemplified C opy of Judgment 0.00 Judge Fees N ew Miscellaneous O ther Fees 0.00 T otal New Miscellaneous C osts 0.00 MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 5 of 6 Trans ID: SCP2021862253 N ew Interest on $4.84 C lerk of the Special C ivil Part this W rit N ew C redits on this W rit $.00 Execution Fees & Mileage $37.00 Make payments at least monthly to C ourt O fficer as set forth: Subtotal C $3,504.84 C ourt O fficer Fees $350.48 I RETURN this execution to the Court ( ) Unsatisfied ( ) Satisfied ( ) Partly satisfied T otal Due this date $3,855.32 Amount Collected $______________ Plaintiff's Attorney and Address: Fee Deducted $______________ Philip A. Kahn, Esq Amount Due to attorney $______________ Fein, Such, Kahn & Shepard, PC 7 C entury D rive, Suite 201 Parsippany, N J 07054 I certify that the foregoing statements made by me are true. I am Date: \ aware that if any of the foregoing statements made by me are willfully Court Officer: false, I am subject to punishment. s/Philip A. Kahn, Esq. D ate: May 10, 2021 **R.4:42-11 Interest: 2021 at 1.5% (34 days @ $.14 (P/D)=$4.84) MON-DC-008718-20 05/10/2021 5:59:28 PM Pg 6 of 6 Trans ID: SCP2021862253 HOW TO CALCULATE PROPER GARNISHMENT AMOUNT 1. Gross pay per pay period:.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2. Less Amounts legally required to be deducted: (a) Federal income tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (b) Social Security (FICA or OASDI). . . . . . . . . . . . . . . . . . . . . . $ (c) Medicare... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (d) State Income Tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (e) Unemployment Insurance (SUI). . . . . . . . . . . . . . . . . . . . . . . $ (f) Temporary Disability Insurance (TDI). . . . . . . . . . . . . . . . . . . $ (g) Family Leave Insurance (FLI). . . . . . . . . . . . . . . . . . . . . . . . $ (h) Workforce Development Fund/Supplement Workforce (WFD/SWF. $ (i) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. Total allowable deductions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. Net pay (Subtract line 3 from line 1) (Follow steps 5-9). . . . . . . . . . . . $ 5. If salary is paid: Exemption Amount: ! weekly, then subtract $217.50 ! every two weeks, then subtract $435.00 ! twice per month, then subtract $471.25 ! monthly, then subtract $942.50 (Federal law prohibits any garnishment when net pay is smaller than the exemption amount on line 5). . . . . . . . . . . . . . - 6. Equals the amount potentially subject to garnishment (subtract line 5 from line 4 and if less than zero, enter zero). . . . . . . . . . . . . . . . . . . . = 7. Take "total allowable deductions" (Line 4) and multiply by .25: $___________x .25=$__________________. . . . . . . . . . . . . . . 8. Take the gross pay (Line 1) and multiply by .10 $__________x .10=$_______________. . . . . . . . . . . . . . . . . . . 9. Compare lines 6,7 and 8 - the amount which may lawfully be deducted is the smallest amount on Line 6, Line 7 or Line 8, i.e... . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Source 15 U.S.C 1671 et seq; 29 C.F.R. 870; N.J.S.A.:17-50 et seq. MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 1 of 3 Trans ID: SCP2021862253 Wage Execution Superior Court of New Jersey Order and Execution Against Earnings Law Division, Special Civil Part Pursuant to 15 U.S.C. 1673 and N.J.S.A. 2A:17-56 MONMOUTH County Telephone Number 7323588700 Ext. Judgment Number VJ-1657-21 Docket Number: MON-DC-008718-20 Writ Number Issued tf SYNERGY MEDICAL LABO Plaintiff vs ARTHUR EVARISTO Name and Address of Employer Ordered to Make Deductions CITY OF NEWARK Designated Defendant 920 BROAD STREET ROOM 202 NEWARK NJ 07102 3 RAMBLING BROOK DRIVE HOLMDEL NJ 07733 a Unless the designated defendant is currently subject to withholding under another wage execution, the employer is ordered to deduct from the earnings which the designated defendant receives and to pay over to the court officer named below, the lesser of the following: (a) 10% of the gross weekly pay; or (b) 25% of disposable earnings for that week; or (c) the amount, if any, by which the designated defendant's disposable weekly earnings exceed $217.50 per week, until the total amount due has been deducted or the complete termination of employment. Upon either of these events, an immediate accounting is to be made to the court officer. r Disposable earnings are defined as that portion of the earnings remaining after the deduction from gross earnings of any amounts required by law to be withheld. In the event the disposable earnings so defined are $217.50 or less, if paid weekly, or $435.00 or less, if paid every two weeks, or $471.25 or less, if paid twice per month, or $942.50, or less, if paid monthly then no amount shall be withheld under this execution. In no event shall more than 10% of gross salary be withheld and only one execution against the wages of the designated defendant shall be satisfied at a time. Please refer to the section of this form titled “How to Calculate Proper Garnishment Amount”. The employer shall immediately give the designated defendant a copy of this order. The designated defendant may object to the wage execution or apply for a reduction in the amount withheld at any time. To object or apply for a reduction, a written statement of the objection or reasons for a reduction must be filed with the Clerk of the Court and a copy must be sent to the creditor’s attorney or directly to the creditor if there is no attorney. A hearing will be held within 7 days after filing the objection or application for a D reduction. According to law, no employer may terminate an employee because of a garnishment. Date Judgment Date 04/07/2021 Judgment Award. $ 3300.00 Court Costs & Stat Atty. Fees $ 163.00 Judge Total Judgment Amount $ 3463.00 Interest from Prior Writs $ 0.00 Costs from Prior Writs $ 0.00 Subtotal A $ 3463.00 Michelle M. Smith Credits from Prior Writs $ 0.00 Clerk of the Superior Court Subtotal B $ 3463.00 New Miscellaneous Costs $ 0.00 Make payments at least monthly to Court Officer as set forth: New Interest on this Writ $ 4.84 New Credits on this Writ $ 0.00 Execution Fees & Mileage $ 37.00 Court Officer Subtotal C $ 3504.84 Court Officer Fee $ 350.48 Total due this date $ 3855.32 Revised effective 09/01/20, CN 11471 - Appendix XI-J page 1 of 3 MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 2 of 3 Trans ID: SCP2021862253 Plaintiff’s Attorney and Address: I RETURN this execution to the Court Unsatisfied Satisfied Partly Satisfied KAHN, PHILIP, A Amount Collected $ FEIN SUCH KAHN & SHEPARD PC Fee Deducted $ 7 CENTURY DR STE 201 Amount Due to Attorney $ Date tf PARSIPPANY NJ 070544609 973-538-4700 Court Officer: ra D Revised effective 09/01/20, CN 11471 - Appendix XI-J page 2 of 3 MON-DC-008718-20 05/10/2021 5:59:30 PM Pg 3 of 3 Trans ID: SCP2021862253 How to Calculate Proper Garnishment Amount 1. Gross pay per pay period $ 2. Less amounts legally required to be deducted: a. Federal Income Tax $ b. Social Security (FICA or OASDI) $ c. Medicare $ tf d. State Income Tax $ e. Unemployment Insurance (SUI) $ f. Temporary Disability Insurance (TDI) $ g. Family Leave Insurance (FLI) $ h. Workforce Development Fund/Supplement Workforce (WFD/SWF) $ i. Other $ 3. Total allowable deductions (add lines a - i) $ 4. Net pay (Subtract line 3 from line 1) $ 5. Exemption Amount If salary is paid: Subtract a Weekly $217.50 Every two weeks $435.00 Twice per month $471.25 Monthly $942.50 (Federal law prohibits any garnishment when net pay is smaller than the exemption amount on line 5) - r 6. Equals the amount potentially subject to garnishment (subtract line 5 from line 4 and if less than zero, enter zero) = 7. Take net pay (line 4) and multiply by .25 $ x .25 = 8. Take “gross pay” (line 1) and multiply by .10 $ x .10 = 9. Compare lines 6, 7 and 8 - the amount which may lawfully be deducted is the smallest amount on line 6, $ line 7, or line 8. Source: 15 U.S.C. 1671 et seq.; 29 C.F.R. 870; N.J.S.A. 2A:17- 50 et seq. D [Note: Former Appendix XI-I adopted effective January 2, 1989; amended June 29, 1990, effective September 4, 1990; amended July 14, 1992, effective September 1, 1992; redesignated as Appendix XI-J and amended July 13, 1994, effective September 1, 1994; amended September 27, 1996, effective October 1, 1996; amended July 30, 1997, effective September 1, 1997; amended July 28, 2004 to be effective September 1, 2004; amended July 3, 2007, to be effective July 24, 2007; amended July 2, 2008, to be effective July 24, 2008; amended July 9, 2009 to be effective July 24, 2009; amended November 6, 2013 to be effective November 25, 2013; amended July 22, 2014 to be effective September 1, 2014; amended August 1, 2016 to be effective September 1, 2016; amended March 7, 2017 to be effective immediately, amended July 31, 2020 to be effective September 1, 2020. Revised effective 09/01/20, CN 11471 - Appendix XI-J page 3 of 3