IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

William John Joseph Hoge, III

Plaintiff pro se,
v.
Brett Kimberlin, et al.
Defendants

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Case No. 06-C-16-070789

SCHMALFELDTS MOTION TO
DISMISS FOR LACK OF PERSONAL
JURISDICTION

NOW COMES Defendant William M. Schmalfeldt Sr. of 3209 South Lake Drive,
Apartment 108, Saint Francis, WI, 53235 in the above-styled case for the sole purpose of
challenging personal jurisdiction and without waiving any rights of jurisdiction, notice, process,
service of process, joinder, or venue. He hereby files this Motion to Dismiss for Lack of Personal
Jurisdiction and states the following:

I. DEFENDANT DOES NOT MEET REQUIREMENTS OF MARYLANDS LONG

ARM STATUTE
1.

Maryland Courts and Judicial Proceedings 6-103 lays out conditions in which

an out-of-state defendant can be haled into a Maryland court to answer a civil complaint.
Defendant Schmalfeldt meets none of these requirements.
2.

Schmalfeldt does not Transact any business or performs any character of work or

service in the State.

3.

Schmalfeldt does not Contract to supply goods, food, services, or manufactured

products in the State.

4.

Schmalfeldt has not Caused tortious injury in the State by an act or omission in

the State.
5.

Schmalfeldt has not Caused tortious injury in the State or outside of the State by

an act or omission outside the State if he regularly does or solicits business, engages in any other

persistent course of conduct in the State or derives substantial revenue from goods, food,
services, or manufactured products used or consumed in the State.
6.

Schmalfeldt does not Have an interest in, use, or possess real property in the

State. According to MD Code, Real Prop. 8B-201, the mobile home at 6636 Washington
Blvd., Lot 71, Elkridge, Maryland 21075, does not qualify as real property. The land upon
which the trailer sits is owned by Capitol Mobile Home Park, Inc. The trailer was originally
owned by Gail M. Schmalfeldt, defendants wife. When she died on June 16, 2015, ownership of
the trailer transferred to defendant. Before relocating from Maryland to Wisconsin on Aug. 22,
2015, defendant signed the title to the trailer, transferring ownership to his stepson, Thomas J.
Balcerak, who resides therein.
7.

Schmalfeldt does not Contract to insure or act as surety for, or on, any person,

property, risk, contract, obligation, or agreement located, executed, or to be performed within the
State at the time the contract is made...
8.

As Defendant Schmalfeldt does not meet any of the qualifications as a person

subject to be haled into court under CJ 6-103, this court cannot exert personal jurisdiction over
defendant.
II.
ACTIONS DEFINED IN PLAINTIFFS COMPLAINT OCCURRED AFTER
DEFENDANT MOVED TO WISCONSIN
9.

All the actions described by Plaintiff in his complaint as alleged against defendant

occurred after August 22, 2015, the date Schmalfeldt moved to the Milwaukee area.
III.
DEFENDANT IS UNAWARE OF ANY DOMAIN REGISTRATIONS LISTING
HIS RESIDENCE AS BEING IN MARYLAND.
10.

All of Schmalfeldts current domains are registered through Site Ground, Inc.,

which lists his St. Francis, WI, address as his billing address.

11.

Plaintiff must also be unaware of any domain registrations defendant still employs

that list a Maryland address as he failed to provide evidence to back his allegations.
WHEREFORE, because of the above-listed reasons, Defendant Schmalfeldt asks this
honorable court to dismiss the complaint as regarding Mr. Schmalfeldt, with prejudice.
ALSO, as this represents another attempted vexatious litigation against Mr. Schmalfeldt
by the Plaintiff, who has tried and failed 367 times to have defendant jailed on misdemeanor
charges, who has tried and failed to find Schmalfeldt in contempt of court while using as
evidence of violation of a no contact order a letter allegedly mailed to Hoge by Schmalfeldt
that Schmalfeldt maintains under penalty of perjury that he did not write or mail, and two
attempts to gain peace orders against Schmalfeldt after defendant learned the law regarding filing
a civil action in the county were the defendant resides, Mr. Schmalfeldt asks this court to declare
Mr. Hoge a vexatious litigant and require him to get a courts permission before filing any future
actions against Mr. Schmalfeldt.

Respectfully submitted this 9th day of April, 2016.

/s/William M. Schmalfeldt, Sr.
William M. Schmalfeldt, Sr.
3209 S. Lake Dr., Apt. 108
Saint Francis, WI 53235
414-249-4379
bschmalfeldt@twc.com
Pro Se Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of this pleading has on this day been sent by electronic mail to
WJJ Hoge III by agreement between the parties.

/s/William M. Schmalfeldt, Sr.

William M. Schmalfeldt, Sr.
Pro Se Defendant