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 RESPONSE TO
PLAINTIFFS OPPOSITION TO
DEFENDANTS 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, a pro se defendant 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 to file this Response to Plaintiffs
Opposition to Defendants Motion to Dismiss for Lack of Personal Jurisdiction and states the
following:
DESPITE PLAINTIFFS ASSERTION, THIS COURT DOES NOT HAVE PERSONAL
JURISDICTION OVER DEFENDANT SCHMALFELDT
Mr. Hoge alleges that this court as general personal jurisdiction over this Defendant for
the acts he committed while he was a resident of Maryland. Yet, Plaintiff offers no evidence in
his complaint of any acts allegedly committed by Schmalfeldt while he lived in other than his
own say-so. As Defendant Schmalfeldt is not a decider of what is true or untrue in regards to a
third person, the alleged defamatory comment alleged by Plaintiff in 43-44 of his complaint is
merely a statement of Schmalfeldts opinion. Interestingly, Mr. Hoge chose to not include a
second comment made by Schmalfeldt in the same comment thread, which was a statement of
fact:
BREAKING: MONTGOMERY COUNTY JUDGE ISSUES TEMPORARY PEACE
ORDER AGAINST WJJ HOGE III.

The fact that Schmalfeldt stated an opinion about an article allegedly written by a man in
Alabama merely proves Schmalfeldt had an opinion. Nothing more. Therefore, it can not be used
to establish jurisdiction in a Carroll County Court. Even it it could, it would be disallowed under
Cts. & Jud. P. 6-201 which states:
Subject to the provisions of 6-202 and 6-203 of this subtitle and unless otherwise
provided by law, a civil action shall be brought in a county where the defendant resides,
carries on a regular business, is employed, or habitually engages in a vocation.
When he lived in Maryland, Schmalfeldt lived in Howard County, not Carroll County. Je
did not carry on a regular business, was not employed nor habitually engaged in a vocation in
Carroll County. Therefore, Carroll County is barred from asserting personal jurisdiction over
Schmalfeldt, even for alleged acts that occurred while Schmalfeldt lived in Maryland. Mr.
Hoges statement that Schmalfeldt fled the state is disingenuous and intentionally dishonest as
Schmalfeldt made it clear to friend and foe alike shortly after his wifes death on June 17, 2015,
that he intended to leave Maryland, which he did on August 22, 2015.
Hoge is correct that Schmalfeldt is the registered domain owner of
http://patriotombudsman.com; however he cancelled his hosting agreement with the ISP on
September 9, 2015, which can be seen on line 5 on Plaintiffs Exhibit A. Owning an un-hosted
domain is the same as owning the name The Baltimore Sun without possession of a website or
publishing equipment. It means one owns a title that must be placed on an ISP to be seen by the
public. As he has no access to the domain, and its status is designated Domain Status:
clientTransferProhibited (meaning it is not possible to transfer the domain name registration,
which will help prevent unauthorized transfers resulting from hijacking and/or fraud. If you do
want to transfer your domain, you must first contact your registrar and request that they remove

this status code), it is incorrect to say that Schmalfeldts ownership of an un-hosted domain is
proof of his maintaining a business presence in Maryland. In fact, as the ISP, LaunchPad.com, is
located in Houston, Texas, even if the website still existed it would indicate a business presence
in Texas, not Maryland.
Hoge alleges Schmalfeldt was part of a conspiracy for which he offers no evidence. He
alleges that as Schmalfeldt has sued him before in Maryland, that gives Carroll County personal
jurisdiction over Schmalfeldt. He cites no basis in law for that theory.
Mr. Hoges complaint alleges violations of a settlement agreement on at eleven instances
since October 2015. Since Schmalfeldt was a resident of Wisconsin as of August 22, 2015, a
Maryland court would not have jurisdiction over the instances alleged in Mr. Hoges complaint.
If Mr. Hoge wanted to file a breach of contract complaint in Wisconsin, he would be asked to
explain why he is suing Schmalfeldt for violating an agreement Hoge has also violated numerous
times.
WHEREFORE, since Hoges allegations are baseless and he fails to establish that this
Court has jurisdiction over Defendant Schmalfeldt as his complaint fails to allege any
wrongdoing by Schmalfeldt before his August 22, 2015 move to Wisconsin (other than
expressing a opinion in the comment section of a website), and therefore does not establish a
rationale that would be covered by CJ 6-102 and/or 6-103 for dragging Schmalfeldt halfway
across the country, nor has Mr. Hoge established the necessary elements to allege Schmalfeldt
took part in any conspiracy, nor has Hoge proven or even seriously alleged any continuing
course of conduct, he has failed to establish that this court has general personal jurisdiction over
the defendant. Defendant Schmalfeldt asks this honorable court to dismiss the the Plaintiffs
complaint as regarding Mr. Schmalfeldt, with prejudice.

Regarding Hoges 367 charges presented to a Carroll County Court Commissioner, one
of which resulted in a trial in which Schmalfeldt was acquitted, his two successful peace orders
the first obtained by misrepresenting how easy it is to block a person on Twitter, the second
obtained when Hoge shook hands with Schmalfeldt on August 14, 2014 and told him he would
not follow through on a peace order request, although he did and Schmalfeldt was not in court to
challenge him -- his attempts to have Schmalfeldt show cause for why he should not be found in
Contempt of Court, his introduction into evidence in Carroll County Circuit Court of a letter that
Schmalfeldt swears under penalty of perjury he did not write, sign, stamp or deliver to Hoge as
proof of Schmalfeldts contempt of court, his failed attempts to have peace orders established
against Schmalfeldt in Howard and Carroll County, his failed attempts to have Schmalfeldt
charged with criminal counts in Howard County, and the fact that he presented a total of 367
charges to the Carroll County Court Commissioner only to have 366 of them dropped by the
Carroll County States Attorney, Schmalfeldt will bow to the Courts judgment as to whether or
not Hoge should be declared a vexatious litigant and be ordered to finally, at long last, after four
years of unrelenting harassment, leave Schmalfeldt alone to live out his remaining days in peace
and quiet without the constant fear of legal persecution from a man whom he has never harmed
in any tangible fashion.
Respectfully submitted this 28th 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