7/21/2019 Motion to Dismiss for Lack of Jurisdiction

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CIRCUIT COURT OF ILLINOIS

16th JUDICIAL CIRCUIT

KANE COUNTY

LYNN THOMAS,

Pro Se Petitioner

v C!"e # 1$OP%&6

'ILLIAM SCHMALFELDT

Pro Se Re"(on)ent

MOTION TO DISMISS PETITIONER*S PETITION FOR LACK OF PERSONAL

JURISDICTION

 Now comes pro se Respondent William Schmalfeldt to move this honorable court to dismiss

Petitioner Lynn Thomas’ Petition for an Order of No Contact based on a lac of personal

 !urisdiction over thus respondent"

#" $%& 'LCS (()(&* states that 'llinois state courts have !urisdiction to bind

State residents and non+residents havin, minimum contacts with -'llinois. to the

e/tent permitted by the lon,+arm statute0 Section (+(&1 of the Code of Civil Procedure

(" Respondent does not meet any of the criteria for bindin, an out of state resident under 

the 'llinois lon,+arm statute" Respondent owns no property in 'llinois0 conducts no business in

'llinois0 has no family members residin, in the state0 or any other connection tbat could be

defined as 2minimum contact"3

4" 5ny tortious act alle,ed by the petition would have to have been conducted on

Respondent’s telephone in Wisconsin0 or on Respondent’s computer0 also in Wisconsin"

%" Respondent is not clear on whether he is bein, ased to defend a,ainst an emer,ency

stalin,)no contact petition as stated in the Petitioner’s ori,inal petition0 or a,ainst an emer,ency

civil no contact order0 as stated in the court order received by Respondent on 6ecember (70

(&#8"

7/21/2019 Motion to Dismiss for Lack of Jurisdiction

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8" 'f Respondent is bein, ased to defend a,ainst an emer,ency stalin,)no contact

 petition0 $%& 'LCS (#)18-a. states9

2The petitioner shall establish that9

-#. The court has !urisdiction under Section 8&:-(. The re;uirements of Section 7& are satisfied: and

-4. There is ,ood cause to ,rant the remedy<

*" The petitioner fails to establish that the court has !urisdiction under Section 8&0 as

respondent does not meet the criteria defined under the 'llinois Lon,+5rm statute"

$" 'f the respondent is bein, ased to defend a,ainst an emer,ency civil no contact

 petition0 $%& 'LCS (&* is applies as well -see Para" #."

7" $%& 'LCS (()(#%-a. states9

The petitioner shall establish that9

-#. The court has !urisdiction under Section (&*-".

1" The petitioner fails to establish that the court has !urisdiction under Section (&* as the

respondent does not meet the criteria defined under the 'llinois Lon,+5rm Statute"

#&" Since the petitioner can not establish that this honorable court has !urisdiction to bind

this out+of+state respondent0 the court should dismiss the petition with pre!udice"

W=>R>?OR>9 The respondent respectfully ass this honorable court to deny the

emer,ency petition0 whether it be for an emer,ency stalin, no contact order0 or an emer,ency

civil no contact order with pre!udice0 and any other relief the court deems !ust"

65T> 6>C>@A>R #80 (&#8 Respectfully submitted0

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7/21/2019 Motion to Dismiss for Lack of Jurisdiction

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William @" Schmalfeldt

4(&1 S" Lae 6r"0 5pt" #&7Saint ?rancis0 W' 84(48

%#%+(%1+%4$1

 bschmalfeldtBtwc"com

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