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CIRCUIT COURT OF ILLINOIS

16 th JUDICIAL CIRCUIT KANE COUNTY

LYNN THOMAS, Pro Se Petitioner

v.

WILLIAM SCHMALFELDT Pro Se Respondent

Case # 15OP926

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 lack of personal

jurisdiction over thus respondent.

1. 740 ILCS 22/206 states that Illinois state courts have jurisdiction to bind

State residents and non-residents having minimum contacts with (Illinois) to the

extent permitted by the long-arm statute, Section 2-209 of the Code of Civil Procedure

2. Respondent does not meet any of the criteria for binding an out of state resident under

the Illinois long-arm statute. Respondent owns no property in Illinois, conducts no business in

Illinois, has no family members residing in the state, or any other connection tbat could be

defined as “minimum contact.”

3. Any tortious act alleged by the petition would have to have been conducted on

Respondent’s telephone in Wisconsin, or on Respondent’s computer, also in Wisconsin.

4. Respondent is not clear on whether he is being asked to defend against an emergency

stalking/no contact petition as stated in the Petitioner’s original petition, or against an emergency

civil no contact order, as stated in the court order received by Respondent on December 28,

2015.

5. If Respondent is being asked to defend against an emergency stalking/no contact

petition, 740 ILCS 21/95(a) states:

“The petitioner shall establish that:

(1) The court has jurisdiction under Section 50;

(2) The requirements of Section 80 are satisfied; and

(3) There is good cause to grant the remedy…

6. The petitioner fails to establish that the court has jurisdiction under Section 50, as

respondent does not meet the criteria defined under the Illinois Long-Arm statute.

7. If the respondent is being asked to defend against an emergency civil no contact

petition, 740 ILCS 206 is applies as well (see Para. 1).

8. 740 ILCS 22/214(a) states:

The petitioner shall establish that:

(1) The court has jurisdiction under Section 206(.)

9. The petitioner fails to establish that the court has jurisdiction under Section 206 as the

respondent does not meet the criteria defined under the Illinois Long-Arm Statute.

10. Since the petitioner can not establish that this honorable court has jurisdiction to bind

this out-of-state respondent, the court should dismiss the petition with prejudice.

WHEREFORE: The respondent respectfully asks this honorable court to deny the

emergency petition, whether it be for an emergency stalking no contact order, or an emergency

civil no contact order with prejudice, and any other relief the court deems just.

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DATE DECEMBER 15, 2015

Respectfully submitted,

DATE DECEMBER 15, 2015 Respectfully submitted, William M. Schmalfeldt 3209 S. Lake Dr., Apt. 108 Saint

William M. Schmalfeldt 3209 S. Lake Dr., Apt. 108 Saint Francis, WI 53235

414-249-4379

bschmalfeldt@twc.com

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