Last updated: 6/28/2021
Ex Parte Motion For Service By Mail And Posting In Lieu Of Publication {1F-P-2004}
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NameAddressCity, State, Zip CodeTelephone NumberPlaintiff Pro SeIN THE FAMILY COURT OF THE FIRST CIRCUITSTATE OF HAWAI221I)FC-D No.))EX PARTE MOTION FOR SERVICE BY)MAIL AND POSTING IN LIEU OFPlaintiff,)PUBLICATION; AFFIDAVIT OF PLAINTIFF;v.)[]EXHIBIT 223A224;[]EXHIBIT 223B224;)ORDER []GRANTING[]DENYING)EX PARTE MOTION FOR SERVICE BY)AND POSTING IN LIEU OF PUBLICATION)Defendant.)EX PARTE MOTION FOR SERVICE BY MAIL AND POSTING IN LIEU OF PUBLICATIONI, Plaintiff, move for an order authorizing service of the Complaint for Divorce;Automatic Restraining Order; and Summons to Answer Complaint, this Ex Parte Motion forService by Mail and Posting in Lieu of Publication; Affidavit of Plaintiff; and Order (223Ex ParteMotion224) and other appropriate documents herein on Defendant at his/her last known addressby registered or certified mail, with return receipt requested and a directive to deliver to theaddressee only, and posting at the courthouse in which said documents are filed, in place ofservice by publication. This Ex Parte Motion is made pursuant to Hawai221i Revised Statutessection 601-13 and is based on the attached affidavit(s), exhibit(s), files and records herein.DATED:,.(City)(Date)Signature of Plaintiff FC Adm //18 Page 1 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com IN THE FAMILY COURT OF THE FIRST CIRCUITSTATE OF HAWAI221I)FC-D No.))AFFIDAVIT OF PLAINTIFF)Plaintiff,)v.)))))Defendant.) AFFIDAVIT OF PLAINTIFFSTATE OF HAWAI221I ))CITY AND COUNTY OF HONOLULU)I, the Plaintiff in the above-entitled action, being first duly sworn on oath, deposesand says that: 1.Financial Information: I am impoverished and cannot afford to publish legal notice ofthis divorce in the newspaper, as noted below:a.My gross monthly income from all sources is $. I receive moneyfrom: (check all that apply)[]Job$[]Welfare$[]Food Stamps$[]Unemployment Benefits$[]Social Security$[]Child Support$[]Other:$b.I help to support (fill in number) people in my household, not including myself. FC Adm //18 Page 2 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com c.Within the past twelve months, I received money from the following sources:(check all that apply)[]Business, profession or self-employment$[]Rent payments, interest, or dividends$[]Pensions, investments, annuities, or life insurance$[]Gifts or inheritance$[]Disability payments, lawsuit damages, etc.$[]Other:$d.My total assets (including, but not limited to, cash, savings and checking accounts,accounts, cars, etc. are:$e.I own the following: (check all that apply)[]House, townhouse, condominium, other real property$[]Pager, cell phone, computer, etc., worth:$[]Jewelry worth:$[]Firearms, collectibles, sports equipment, etc., worth:$[]Car, van, truck, motorcycle, boat, etc., worth:$[]Other:$f.I have a total amount of $ in debts, owed on the following:[]Mortgage$[]Credit cards$[]Loans$[]Other:$g.The following factors also affect my ability to pay for publication of legal notice: 2.Due and Diligent Search:After due and diligent search, the whereabouts of the Defendant are unknown.a.The last known address of my spouse as of(month, day, year) is:b.[]On(date) , I mailed, by regular mail, a certified copyof the Complaint for Divorce, Automatic Restraining Order, and Summons toAnswer Complaint to my spouse at his/her last known noted in (a) above, butthe Post Office returned it to me stating:[]that my spouse no longer lived at that address.[]that it was undeliverable.[]The returned envelope is attached as Exhibit 223A.224 FC Adm //18 Page 3 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com c.[]On(date), I mailed a certified copy of the Complaintfor Divorce, Automatic Restraining Order, and Summons to Answer Complaint to my spouse, at his/her last known noted in (a) above, by registered or certified mail, with a return receipt requested and a directive to deliver toaddressee only. My receipt for that mail , and if available, the return receiptand envelope is attached as Exhibit 223B.224d.The name and address of Defendant222s closest known relative is:HRS 247 601-13(c).[]I have not found any of Defendant222s closest known relative(s).I swear under penalty of perjury that every I have stated in this affidavit is true, correct,and complete to the best of my knowledge and belief. I realize that it is against the law forme to state any lies in this document. I also realize that this is a publicdocument and that my spouse may be able to read this document.FURTHER AFFIANT SAYETH NAUGHT.PLAINTIFF222S SIGNATURE(Must be signed before a Notary Public)Subscribed and sworn to before me day of.(Date)(Month and year)Date of Document: Number of PagesDocument Title:Ex Parte Motion for Service by Mail and Posting in Lieu of Publication;Affidavit of Plaintiff;[ ]Exhibit 223A224;[ ]Exhibit 223B224; Order[ ]Granting[ ]Denying Ex Parte Motion for Service by Mail and Posting in Lieuof Publication(Notary Seal) SIGNATURE OF NOTARY PUBLICFirst Circuit, State of Hawai221i Print Name:My commission expires:FC Adm //18 Page 4 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004In accordance with the Americans with Disabilities Act, as amended, and other applicable state and federallaws, if you require accommodation for a disability, please contact the ADA Coordinator at the First CircuitFamily Court office by telephone at 954-8200, fax 954-8308, or via email at adarequest@courts.hawaii.govat least ten (10) days prior to your hearing or appointment date.Please call the Family Court Service Center at 954-8290 if you have any questions about forms or procedures. American LegalNet, Inc. www.FormsWorkFlow.com EXHIBIT 223A224 FC Adm //18 Page 5 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com EXHIBIT 223B224 FC Adm //18 Page 6 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com IN THE FAMILY COURT OF THE FIRST CIRCUITSTATE OF HAWAI221I)FC-D No.))ORDER []GRANTING[]DENYING)EX PARTE MOTION FOR SERVICE BYPlaintiff,)AND POSTING IN LIEU OF PUBLICATIONv.)))))Defendant.)ORDER[]GRANTING[]DENYING EX PARTE MOTION FOR SERVICE BY MAIL AND POSTING IN LIEU OF PUBLICATIONThe Court has reviewed the Plaintiff222s Ex Parte Motion for Service by Mail and Postingin Lieu of Publication, filed concurrently herewith, and the supporting material. Uponconsideration of that Motion and the supporting material, and with good cause therefore, ITIS HEREBY ORDERED as follows:[]Plaintiff222s Ex Parte Motion for Service by Mail and Posting in Lieu of Publication isDENIED because []Plaintiff is not impoverished.[]Plaintiff has not made a due and diligent search for Defendant.[]Plaintiff222s Ex Parte Motion for Service by Mail and Posting in Lieu of Publication isGRANTED.1.Plaintiff shall mail, by registered or certified mail, return receipt requested, with adirective to deliver to addressee only to:[]A.Defendant at Defendant222s last known address, which is:[]B.Defendant222s closest known relative whose name and address is: FC Adm //18 Page 7 of 8 PagesEx Parte Motion for Service by Mail andPosting in Lieu of Publication 1F-P-2004 American LegalNet, Inc. www.FormsWorkFlow.com certified copies of the following documents:(1)Complaint for Divorce; Automatic Restraining Order; and Summons to AnswerComplaint for Divorce(2)Ex Parte Motion for Service by Mailing and Posting in Lieu of Publication;Affidavit of Plaintiff; []Exhibit 223A224;[]Exhibit 223B224; and Order; []Granting[]Denying Ex Parte Motion for Service by Mail and Posting in Lieu ofPublication(3)Notice to Attend Kids First (if the parties have minor child(ren)).2.Plaintiff shall arrange for the posting of a copy of the pleadings and process at thecourthouse in which said documents were filed.3.Service shall be considered complete thirty (30) days after the date of mailing. 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