CERTIFICATION OF ENROLLMENT

SENATE BILL 5053



59th Legislature
2005 Regular Session

Passed by the Senate March 2, 2005
  YEAS 48   NAYS 0


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President of the Senate
Passed by the House April 5, 2005
  YEAS 93   NAYS 1


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Speaker of the House of Representatives


CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5053 as passed by the Senate and the House of Representatives on the dates hereon set forth.


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Secretary
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SENATE BILL 5053
_____________________________________________

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By Senators Kline and Johnson

Read first time 01/12/2005.   Referred to Committee on Judiciary.



     AN ACT Relating to service by publication in actions to establish or modify parenting plans, for legal separation or invalidity of marriage, and for nonparental custody; and amending RCW 4.28.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 4.28.100 and 1981 c 331 s 13 are each amended to read as follows:
     When the defendant cannot be found within the state, and upon the filing of an affidavit of the plaintiff, his agent, or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or cannot be found therein, and that he has deposited a copy of the summons (substantially in the form prescribed in RCW 4.28.110) and complaint in the post office, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his attorney in any of the following cases:
     (1) When the defendant is a foreign corporation, and has property within the state;
     (2) When the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with like intent;
     (3) When the defendant is not a resident of the state, but has property therein and the court has jurisdiction of the subject of the action;
     (4) When the action is for ((divorce)) (a) establishment or modification of a parenting plan or residential schedule; or (b) dissolution of marriage, legal separation, or declaration of invalidity, in the cases prescribed by law;
     (5) When the action is for nonparental custody under chapter 26.10 RCW and the child is in the physical custody of the petitioner;
     (6)
When the subject of the action is real or personal property in this state, and the defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly, or partly, in excluding the defendant from any interest or lien therein;
     (((6))) (7) When the action is to foreclose, satisfy, or redeem from a mortgage, or to enforce a lien of any kind on real estate in the county where the action is brought, or satisfy or redeem from the same;
     (((7))) (8) When the action is against any corporation, whether private or municipal, organized under the laws of the state, and the proper officers on whom to make service do not exist or cannot be found;
     (((8))) (9) When the action is brought under RCW 4.08.160 and 4.08.170 to determine conflicting claims to property in this state.

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