IN THE CIRCUIT COURT FOR CARROLL COUNTY MARYLAND WILLIAM JOHN JOSEPH HOGE, U1 Plaintiff 7 Case No. 06-C-16-070789 BRETT KIMBERLIN, et al., Defendants ) ) ) ) ) ) ) _) DEFENDANT SCHMALFELDT’S RESPONSE TO PLAINTIFF'S OPPOSITION TO SCHMALFELDT’S MOTION FOR RECONSIDERATION AND MOTION FOR ALTERNATIVE SERVICE OF SHOW CAUSE ORDER AND WRIT OF SUMMONS NOW COMES pro se defendant William M. Schmalfeldt, Sr., (DEFENDANT) with this Response to Plaintiff's Opposition to Schmalfeldt’s Motion for Reconsideration and Motion for Alternative Service of Show Cause and Writ of Summons 1. THE MOTION FOR ALTERNATIVE SERVICE IS MOOT This morning, a polite Horry County, South Carolina, Deputy Sheriff knocked on Defendant's hotel door and served Defendant — for a second time — with the summons Plaintiff demands be served on him, (Exhibit A). It is not the Defendant's job to ensure the Carroll County Clerk of Courts properly dockets service when it is received. Yes, Defendant did move — from Room 224 to Room 121 in the same hotel. Mail previously addressed to Defendant in Room 224 is given to him in Room 121 I. THE COURT SHOULD ACCEPT DEFENDANT'S WORD AND THE WORD OF HIS HEALTH CARE PROVIDER THAT LONG-DISTANCE TRAVEL WILL CAUSE DEFENDANT PAIN AND DISCOMFORT. Again, Plaintiff states no rule, no regulation, no law, no statute that he claims the Defendant has violated. As this Court is aware, Defendant called the honorable Judge’s chambers before the hearing and informed the clerk that he was physically unable and financiallyincapable of attending the hearing. Defendant was told his concerns would be shared with the honorable Judge. As Defendant has previously submitted, he visited his health care provider at the Carolina Forest Family Medical Clinic in Myrtle Beach, SC, on June 29, 2017. (Exhibit B) Understanding that not everyone is familiar with health care acronyms, the portion highlighted in the square reads: History of Parkinson’s disease. Positive symptoms. Falling out of bed two times in last month. The section below that reads: Needs frequent position adjustment for comfort. The highlighted section below that reads: Refer to neurology for mobility scooter eval. Diagnosis, Parkinson’s disease. ‘Neither Mr, Hoge nor his would-be “board of medical experts” in the comment section of his blog have the first clue about the suffering caused by late state Parkinson’s disease. In fact. Defendant Schmalfeldt maintains the whole reason behind Plaintiff's objection AT EVERY ‘TURN to Plaintiff appearing by Skype is that he WISHES to cause pain and discomfort to the Defendant in the hopes Defendant will not show up for the trial or hearing and thus Plaintiff will win a cheap victory with his weak evidence via default, Defendant looks forward to engaging Hoge in the hearing and trial, He looks forward to Proving that not only does Hoge have no case against him, but that Hoge’s own wrongdoing will show his unclean hands to the Court. Defendant cannot sit in a comfortable office chair for 10 minutes without lying down, Will the Court provide a place for the Defendant to lay down during the hearing and trial? Or will the Court insist that the Defendant suffer the pain and discomfort noted by his health careprovider? Will the Court punish Defendant without a finding of Contempt or a ruling in Hoge’s favor? Will the Court defy the Americans with Disabilities act, risking a Federal suit against the court, the county and the State of Maryland? Or will the Court take the sensible, reasonable approach of allowing the Defendant to appear by Skype at the August 21 hearing? ILL. CONCLUSION Given the exigent circumstances of this motion, Defendant Schmaifeldt prays this court expeditiously either allow his appearance at the August 21 hearing and trial via Skype or, in the alternative, dismiss all charges against him. Respectfully submitted Dated this 10 Day of August, 2017 pda MA Beet ‘M. Schmalfeldt, Sr Myrtle Beach, SC 29579 (843) 429-0581 truthatory@outlook.com (This portion intentionally left blank for formatting purposes.)CERTIFICATE OF SERVICE ' Certify that on the 10 day of August 2017, I served copies of the above on the following persons. William John Joseph Hoge by FIRST CLASS MAIL, Brett and Tetyana Kimberlin, by e-mail. hi A~~ William M. Schmalfeldt, Sr., Pro Se AFFIDAVIT }, William M. Sehmaifelct, Sr., solemnly affirm under the penalties of perjury that the Contents of the foregoing paper are true to the best of my knowledge, information, and belief DM, eh Date: August 10, 2017 William M. Schmalfeldt, Sr. Pro SeEXHIBIT A Photo taken of Defendant Schmalfeldt holding the Summons received the morning of August 10, 2017.EXHIBIT B Copy of Medical Record of Visit to Carolina Forest Family Medical Center, June 29, 2017/