AMENDED MOTION/DECLARATION FOR ORDER OF DEFAULT FOR PETITION TO TERMINATE
PARENT-CHILD
IN THE SUPERIOR COURT OF CLARK COUNTY
In re the ADOPTION of: KASEY LYNN RODRIGUEZ, d.o.b. 6-09-2004, A person under the age of 18 years.
RELATIONSHIP
TERRI A. RODRIGUEZ, Petitioner,
DONNA NUTTALL, and JUAN A. RODRIGUEZ, Respondents.
NO. 13-5-00111-4
I. MOTION
COMES NOW the Petitioner, by and through her attorney of record, and moves the court for an Order of Default on the Petition for Termination of Parent-Child Relationship regarding the natural mother, Donna Nuttall, to be entered on the Termination Docket of Judge John Fairgrieve on July 24, 2015 at 1:30 p.m. at the Family Court Annex of the Clark County Superior Court, located at 601 W. Evergreen Blvd, Vancouver, Washington. In the alternative, the moving party requests that the court set a time and place for hearing of the aforementioned Petition for Termination of Parent-Child Relationship. This motion is based on CR 55, the files and records herein, and the declaration of Mark Didrickson, below. Dated: June 30, 2015 Mark Didrickson, WSB #20349, Attorney for Petitioner 400 Columbia Street, #110, Vancouver, WA 98660 (360) 694-4727 II. DECLARATION I, Mark Didrickson, declare: 1. This is an action for step-parent adoption. I am the attorney for the Petitioner, Terri Rodriguez. Mrs. Rodriguez is the child’s step-mother and her long-time primary care provider. I filed a Petition for Termination of Parent-Child Relationship against Respondent Donna Nuttall in September, 2013. After a long effort, Ms. Nuttall was located and served in Portland, Oregon with a copy of the Petition and Summons on March 10, 2014. Over sixty days have elapsed since Ms. Nuttall was served outside the State of Washington. I reviewed the court file in this case on April 17, 2015 and determined that Ms. Nuttall has not filed a response to the Petition to Terminate. I have not received any communication from Ms. Nuttall on any matter during the time between the present and service of the Petition to Terminate on Ms. Nuttall. She is therefore subject to default under CR 55, provided notice of this motion is served upon her pursuant to CR 55(f).
2. While she has not filed a response to the Petition to Terminate, Ms. Nuttall appeared earlier in this action by filing a response to the Petition for Adoption. Therefore, she is entitled under CR 55 to due notice of a hearing on her default. A default hearing was scheduled for Friday, May 8, 2015, at 1:30 p.m. before the Honorable John Fairgrieve , at the Family Court Annex at 601 W. Evergreen Blvd. in Vancouver, Washington. Notification of this hearing was sent to Ms. Nuttall by certified mail at her address of record (i.e., the address where she was served with the Petition to Terminate); the notice mailed to Ms. Nuttall was returned unopened by the U.S. Postal Service as unclaimed by recipient. In the absence of actual notification by mail, the Petitioner has arranged for notice by publication, as authorized by CR 55(f)(2)(d).
3. If Ms. Nuttall files a response to the Petition to Terminate or otherwise appears to contest the Petition to Terminate prior to hearing on the Motion for Default, Petitioner requests that the court set a time and date for a hearing on the Petition to Terminate. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed at Vancouver, WA on June 30, 2015
Mark Didrickson, WSB #20349 Attorney for Petitioner
Mark Didrickson, Attorney at Law 400 Columbia Street, Suite 110, Vancouver, WA 98660 CITATION FOR HEARING (360) 694-4727 / Fax – (360) 693-1572
Jul 10
