IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

WILLIAM JOHN JOSEPH HOGE III

20 Ridge Rd.
Westminster, MD 21157

)
)
)
)
Pro Se Petitioner,
)
) Case No. 06C14067023
v.
)
)
WILLIAM M. SCHMALFELDT
)
6636 Washington Blvd. #71
)
Elkridge, MD 21075
)
)
Pro Se Respondent.
)
__________________________________ )
RESPONDENTS MOTION TO DISMISS PETITIONERS
PETITION FOR CONTEMPT
Now comes Respondent William M. Schmalfeldt (SCHMALFELDT)
with this Motion to Dismiss the petition for contempt fled by William John
Joseph Hoge III (HOGE)
HOGE asks this honorable court to find SCHMALFELDT in
contempt of this courts Peace Order dated August 27, 2014, claiming
SCHMALFELDT violated the no contact portion of the order by posting a
blog entry containing a link to HOGEs blog. This link caused the blogging
platform WordPress to automatically (and without SCHMALFELDTs
knowledge or active consent) send HOGE an e-mail notification that

1!

SCHMALFELDT had posted a link to HOGEs blog. This automatic action

on the part of the WordPress blogging platform is a default setting. The email afforded HOGE the opportunity to delete the so-called ping back
without posting it, or to authorize posting it in the comment section of
HOGEs blog. HOGE chose to post the comment and is entirely responsible
for its appearance on his blog.
There are many reasons why SCHMALFELDT should not be
considered in contempt of court. In this pleading, SCHMALFELDT will
demonstrate:

1.

He did not contact HOGE in violation of the Peace Order.

2.

HOGE facilitated the posting of the alleged contact on his blog

by approving the ping back sent to him by WordPress.

3.

HOGE uses the peace order for purposes for which it was never
intended.

4.

This honorable court should take any allegation made by

HOGE with a huge grain of salt as HOGE has provably lied to
this court and others in his attempts to gain judgments against
SCHMALFELDT.

5.

That HOGE is a vexatious litigant who will continue to seek

ways to get SCHMALFELDT by abusing the legal system.

6.

That through HOGEs duplicity, SCHMALFELDT was denied

his constitutionally guaranteed right to due process in the
issuance of the current peace order.

2!

7.

HOGE is putting on a show for his readers and supporters who

are egging him on to put SCHMALFELDT in jail for posting a
link to HOGEs blog.

8.

That HOGEs main purpose for this action as well as the 367
criminal charges filed against SCHMALFELDT and the
previous peace order and the recent Copyright Infringement
case in the U.S. District Court for the District of Maryland
(Case No. 1:14-ELH-01683) had nothing whatsoever to do with
an ongoing search for justice and everything to do with an
ongoing attempt to use SCHMALFELDTs Parkinsons disease
to cause his early death or total incapacitation by keeping him
under a constant state of stress and forcing him to venture
outside in winter weather, which in and of itself is a dangerous,
life-threatening endeavor for SCHMALFELDT.
ARGUMENTS

I.

THE PEACE ORDER WAS ISSUED WITHOUT DUE

PROCESS AFFORDED TO THE RESPONDENT
Due to no fault of this honorable court, SCHMALFELDT was not

afforded an opportunity to present a defense to HOGEs appeal of the

Carroll County District Courts most recent dismissal of his request for a
peace order against SCHMALFELDT (Caroll County Circuit Court Case
#1002SP005252014).
HOGE is no stranger to this court. In the time between the first time
HOGE misinformed the Carroll County Court Commissioner in Feb. 2013,
through the granting of his first peace order in June 2013 until its ultimate
expiration in June 2014, HOGE convinced the Court Commissioner through
duplicity and twisting of facts to suit his narrative that SCHMALFELDT
!

3!

had committed 367 (three hundred sixty seven) crimes, mostly for violations
of the peace order. The Carroll County States Attorney deemed each charge
nolle prosequi. (Carroll County District Court Cases 0S00058205, (1 count
each, Harassment as a Course of Conduct, Electronic Mail Harassment,
Illegal Access to a Computer); 06C1306335 (1 count, Harassment as a
course of conduct); 2S00058501 (1 count, Harassment as a course of
conduct); 5S00058427 (1 count, Failure to comply with peace order
[FTCWPO]); 3S00059643 (5 counts, FTCWPO); 6S00059086 (3 counts,
FTCWPO); 4S00060729 (1 count, each, Harassment as a course of conduct,
Electronic mail harassment, 36 counts of FTCWPO); 3S00060735 (198 [one
hundred ninety eight] counts of FTCWPO); 0S00060886 (88 [eighty eight]
counts of FTCWPO); and 1S00060635 (29 counts of FTCWPO). Each and
every charge was deemed nolle prosequi by the Carroll County States
Attorneys office. As the weeks and months went on, HOGEs allegations of
SCHMALFELDTs violation of the peace order got more and more bizarre.
(The illegal access to a computer charge arose from a HOGE fantasy
in which SCHMALFELDT somehow gained control of a computer server in
Kansas City, and using the Internet Provider Number (IP Number) of a
religious organization in Brazil, used that server to send harassing

4!

messages to HOGE on the same day Super Storm Sandy was ravaging the
East Coast.
Other HOGE fantasies included the belief that the words Beware the
Ides of March uttered by SCHMALFELDT in reference to a Deputy
District Attorney in Los Angeles County, California, on a Blog Talk Radio
Show in which SCHMALFELDT was making a sly reference to a story he
knew to be coming out in the Boston Phoenix on March 15 that would cast
this person in an unfavorable light, constituted a direct death threat to
HOGE.
HOGE has stated on numerous occasions that SCHMALFELDT is
perfectly free to write about him. But he is not free to write TO him if he
doesnt wish to be contacted by SCHMALFELDT. Unfortunately, in his
three year campaign to destroy SCHMALFELDT, far too often HOGE has
conflated the words about and to in his numerous complaints against
SCHMALFELDT. In fact, using HOGEs own words, his first peace order
was not about content sent to him. It was what SCHMALFELDT wrote
about him.
(Screen capture [emphasis added] from
http://hogewash.com/2013/06/14/my-side-part-2/)

5!

6!

Here, again, HOGE puts the English language on the water board and
tortures it to fit his purposes. The offending blog post was intended for
everyone who read the Breitbart Unmasked blog. It was not intended as a
personal message to HOGE. The art of rhetoric in editorial writing has long
been understood to be protected by the First Amendment. It was not a letter
sent to HOGEs home. It was not an e-mail sent to HOGEs inbox. It was a
blog post, read by everyone who read that particular online edition of the
news magazine Breitbart Unmasked. If it had been printed out, placed into
an envelope and mailed to HOGEs address, that would constitute contact.
In further charges against SCHMALFELDT, Hoge charged
SCHMALFELDT with using hashtag mentions on Twitter (#wjjhoge)
which do not alert the person being referred to that hes been referred to,
On July 9, 2013, not even one month after receiving his first Peace
Order, HOGE attempted to follow SCHMALFELDTs Twitter account,
which would ensure that HOGE received each and every word
SCHMALFELDT wrote on his Twitter account. So much for being
alarmed, frightened and annoyed by SCHMALFELDTs tweets.
(Screen capture from http://hogewash.com/2013/07/10/follower-no394/)

7!

In one of his applications for charges against SCHMALFELDT,

HOGE uncovered a new way of claiming SCHMALFELDT was trying to
contact him in violation of the peace order.

8!

Following that, HOGE continued to find new and increasingly bizarre

ways to charge SCHMALFELDT with violating the peace order.
(Screen capture from http://hogewash.com/2013/09/10/perhapsanother-day/)

In all, the 367 charges HOGE filed against SCHMALFELDT most

relating to the peace order were deemed nolle prosequi by Carroll County.
Realizing Carroll Countys States Attorney was not going to put
SCHMALFELDT in jail at HOGEs whim, HOGE tried to get a court
commissioner in Howard County to file a charge against SCHMALFELDT,
which was quickly deemed nolle prosequi by the Howard County States
Attorney.

9!

Now that he understood no one in the law enforcement establishments

in Howard or Carroll County were willing to entertain HOGEs vexatious
filings any further, HOGE took his act to the Federal Courts and sued
SCHMALFELDT for copyright infringement. Among HOGEs charges
were the fact that SCHMALFELDT copied items from HOGEs blog in
many cases, items that were originally written by SCHMALFELDT and
posted them on SCHMALFELDTs blog without providing a link back to
HOGEs blog.
HOGE attempted to secure a preliminary injunction against
SCHMALFELDT in Federal Court before the Honorable Judge Ellen L.
Hollander. In a 31-page decision on July 1, 2013, the honorable judge denied
HOGEs request and as much as told him that his case had no merit. She
remanded the case to a Federal Magistrate for Alternative Dispute
Resolution, which was accomplished on August 14, 2014.
In the meantime, however, SCHMALFELDT found himself facing yet
another Peace Order when HOGE filed with the Carroll County District
Court on July 17, 2014. HOGE alleged that SCHMALFELDT had
harassed him by sending an email to discuss a settlement in the copyright
infringement case instead of submitting his communication through the US
Postal Service as HOGE had demanded.

10!

The District Court wisely informed HOGE at the hearing in which he

requested the temporary peace order that there was no statutory basis for
relief. Not being one to be told by a judge he is incorrect, HOGE
immediately appealed the District Courts opinion to the Circuit Court.
However, when SCHMALFELDT and HOGE met on Aug. 14 in the
chambers of the Magistrate Judge in the US District Court for the District of
Maryland, they agreed on a settlement in which HOGE lowered his demand
from $640,000 to $0. SCHMALFELDT was not found to have infringed on
any of HOGEs copyrighted material. After the judge departed,
SCHMALFELDT and HOGE held a private, friendly discussion. HOGE
informed SCHMALFELDT that he had no intention to follow through with
his appeal of the District Courts rejection of his most recent peace order.
SCHMALFELDT, taking HOGE at his word, spent the morning of Aug. 27
at his neurologists office for appraisal of the progression of his 15-years
with Parkinsons disease, a progressive neurological disorder.
Without informing SCHMALFELDT that he had changed his mind,
HOGE appeared at the Carroll County Circuit Court on the morning of Aug.
27 and secured an uncontested Peace Order, this time for a full year, against
SCHMALFELDT.

11!

In as much as HOGEs duplicity denied SCHMALFELDT of an

opportunity to defend himself against the ludicrous charge of harassment,
SCHMALFELDT was denied his constitutional right to due process and the
Peace Order rightfully should be declared invalid.
II.

HOGE HAS OUTRIGHT LIED TO THIS COURT ON

SEVERAL OCCASIONS TO GAIN DECISIONS AGAINST
SCHMALFELDT
When HOGE secured his first peace order in June 2013, after being

denied twice in the District Court, he lied to this honorable court when he
alleged that he was being harassed by SCHMALFELDT over Twitter. When
asked why he didnt take the 3-second action of blocking SCHMALFELDT
on Twitter, which would ensure he would never see SCHMALFELDTs
tweets ever again, HOGE told this court that blocking SCHMALFELDT
would be the same as disabling a significant portion of his Internet
functionality and would be the same as having to change his telephone
number to avoid telemarketers.
HOGE lied by telling this court through his signed peace order
petition that SCHMALFELDTs tweets put him in fear of his life and
personal safety. He checked the yes box when asked if he felt
SCHMALFELDT was causing him substantial fear of death or physical

12!

injury. Even in February 2013, SCHMALFELDT was significantly

impaired by his Stage IV Parkinsons disease.
HOGE lied in his amended complaint to the US District Court for the
District of Maryland in the copyright lawsuit when he explained that he had
dropped his number of complaints from the 130s to something much lower
out of concern about SCHMALFELDTs ability to pay the judgment. The
fact is, he lowered the number of charges when he realized a significant
number of his allegations fell outside the time limit eligible for the lawsuit.
HOGE lied in his peace order petition when he claimed
SCHMALFELDT filed a false DMCA takedown notice. That is not true.
SCHMALFELDT asked for certain items that he owns to be removed from
HOGES blog, but WordPress misunderstood the request and removed
several images that HOGE had every right to post. When SCHMALFELDT
realized the error WordPress had made, he immediately notified WordPress
of their mistake and the images were restored. HOGE capitalized on the
WordPress error by claiming on his blog that SCHMALFELDT had been
caught in a lie and was covering his tracks. However, SCHMALFELDT
asked WordPress to restore the items before HOGE was even aware they
had been taken down.

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III.

HOGE HAS PROFANED THE PEACE ORDER FROM ITS

INTENDED USE
The Peace Order is a noble institution, designed to protect people

from the violent actions of others, and from harassing phone calls, letters, emails and other direct contact that could alarm or frighten a person. HOGE
is neither alarmed by nor frightened by SCHMALFELDT. He has gained
this peace order and the one before it for one reason to use it as a cudgel
against SCHMALFELDT.
SCHMALFELDT maintains that he would happily live out the rest of
his Parkinsons disease-shortened existence never seeing HOGE or hearing
or seeing his name again. SCHMALFELDT doesnt require a peace order to
stay away from or cease contact with HOGE. SCHMALFELDT is, in fact,
disgusted by HOGE and his followers and their repeated suggestions that he
end his own life.
When SCHMALFELDT ignores HOGE, something always happens
to draw SCHMALFELDTs attention back to HOGE. The copyright
infringement suit is an example. After the suit, SCHMALFELDT resumed
ignoring HOGE, only to receive a Tupperware container filled with wet
horse feces from an unnamed person. On Nov. 30, 2014, HOGE wrote the
following on his blog.

14!

I believe that the readers of this blog find the story of how the
Cabin Boy is reacting to a tasteless, but exquisitely appropriate, prank to
be newsworthy. Therefore, Hogewash! will continue to provide news and
commentary on the matter.

15!

SCHMALFELDT wonders under what circumstances a covert

delivery of wet horse feces to a person would be deemed appropriate. The
glee over the delivery of this disgusting, potentially dangerous package to
SCHMALFELDT and his wife speaks to the nature of HOGE and the sort of
commentary he allows on his blog.
SCHMALFELDT informed law enforcement, the US Postal
Inspectors and other agencies. No one seems willing to investigate who sent
this loathsome package to SCHMALFELDT. Commenters on HOGEs blog
promise deliveries yet to be received, and SCHMALFELDT who is unable

16!

to go to the mailbox himself lives in fear every time his wife gets in the car
to drive down to the mailbox.
HOGE did not obtain a peace order for the purposes for which it was
intended. HOGE obtained the peace order to give him leave to harass
SCHMALFELDT without affording SCHMALFELDT a legal recourse to
respond. That is unfair and this court should take actions to ensure that this
sort of behavior is halted.
IV.

SCHMALFELDT FILED A MOTION BEFORE THIS COURT

ASKING THAT HOGES PEACE ORDER PETITION BE
DISMISSED. THE MOTION WAS NOT ACTED ON.
Again, this goes to the lack of due process caused by HOGEs lying to

SCHMALFELDT about his intentions with the Peace Order appeal. Had
SCHMALFELDT been informed that HOGE had changed his mind,
SCHMALFELDT would have attended the August 27 hearing and
vigorously defended himself, including asking the honorable court to rule on
his motion that the petition be dismissed. HOGE stole that opportunity from
SCHMALFELDT, and that action should shock the sensibilities of this court
and, at the very least, lead to a rehearing or a reversal of the peace order.
V.

HOGE USES THE PEACE ORDER TO ENDANGER MY LIFE

AND HEALTH, AND TO INCREASE THE PACE OF MY PD
PROGRESSION.

17!

SCHMALFELDT is aware that HOGE reads every word

SCHMALFELDT tweets and every word that SCHMALFELDT writes in
his blog. SCHMALFELDT has written on numerous occasions about the
established fact that stress exacerbates the symptoms of Parkinsons disease
and causes the disease to hasten its irreversible progression. Few things are
more stressful than the threat of jail or severe fines hanging over a persons
head. SCHMALFELDT has been living with this threat on a daily basis,
with few respites, since the first peace order was approved in June 2013.
HOGE is also aware that cold weather has a very negative effect on
Parkinsons symptoms. The bodys ability to handle temperature extremes is
regulated by the hypothalamus. Its the mechanism that causes one to shiver
when cold and to sweat when hot. The degeneration of SCHMALFELDTs
brain has caused damage to his hypothalamus, as well as to other regions of
the brain. In cold weather, where an unaffected person will shiver,
SCHMALFELDTs body will lock up completely and he will likely fall.
This is fact known by HOGE. In fact, this seems to be a desired outcome for
HOGE. His whole demeanor since engaging SCHMALFELDT in the legal
arena in early 2013 has suggested his hoped for end result is the death or
total incapacitation of SCHMALFELDT. He shows no mercy. Instead, he is
almost sadistic in his glee over the torment he and his followers are causing

18!

SCHMALFELDT and his wife. SCHMALFELDT maintains that if he

arrives uninjured for the January 30, 2015 show cause hearing, it will be a
near miracle.
VI.

SCHMALFELDT DID NOT VIOLATE THE ILL-GOTTEN

PEACE ORDER. HE DID NOT CONTACT HOGE.
THEREFORE HE IS NOT IN CONTEMPT OF THE COURTS
ORDER.
At his first peace order hearing, SCHMALFELDT heard the

honorable judge explain that he had no idea what the Twitter was for or
how it was used. His honor explained that his knowledge of computerrelated issues was very limited. Yet, he completely disregarded
SCHMALFELDTs explanations, backed by evidence provided by experts at
Twitter that supported SCHMALFELDTs contention that HOGE was
wasting taxpayer money and interfering with SCHMALFELDTs first
amendment rights when a simple 3-second action on HOGEs part could
have blocked SCHMALFELDT from his computer for all time.
The honorable judge set aside the ruling of the US District Court for
the District of Maryland in the case of US v. Cassidy (Criminal Case No.
RWT 11-091) that found:
harassing telephone calls are targeted towards a particular victim
and are received outside a public forum. United States v. Bowker, 372 F.3d
365, 379 (6th Cir. 2004). Twitter and Blogs are todays equivalent of a
bulletin board that one is free to disregard, in contrast, for example, to emails or phone calls directed to a victim. (See id. at 378)
!

19!

As a result of this courts decision, SCHMALFELDT has had to adopt

new practices, double check every word he writes in every platform, to scan
every document to see if there is anything there that HOGE can seize upon
to use as a weapon against SCHMALFELDT.
On Nov. 22, 2014, SCHMALFELDT noticed that HOGE was in
violation of their copyright suit settlement agreement as HOGE had copied a
portion of SCHMALFELDTs blog and posted it on HOGEs blog.
SCHMALFELDT marked the occasion by writing a blog post on the
subject. Recalling that part of HOGEs copyright suit against
SCHMALFELDT involved SCHMALFELDTs refusal to post links to
HOGEs blog when he copied items, even items originally written by
SCHMALFELDT, from HOGEs blog. Therefore, SCHMALFELDT
innocently posted a link to HOGEs blog and posted the entry to his own
blog.
It did not dawn on SCHMALFELDT at the time, nor did he have any
reason to even think about the default setting, the automatic functioning of
the WordPress softwares ping back system that would send an e-mail to
HOGEs attention. SCHMALFELDT considers himself a writer, not a
software engineer or a NASA employee.

20!

Briefly explained, when Person A reads a blog by Person B and wants

to share something from Person Bs blog with the rest of his readers, Person
A will copy the URL of Person Bs blog post, such as
http://parkycomic.com. The court will note that Microsoft Word has
automatically created a hyperlink to the blog mentioned herein. That
happens to be SCHMALFELDTs blog for marketing his online radio
station and comedy albums. If this were SCHMALFELDTs blog, and
SCHMALFELDT posted this thereupon, the WordPress software will see
the hyperlink, just like Microsoft Word saw the hyperlink in this motion.
WordPress goes a step further by contacting the blog owner at the linked-to
blog. Person B receives a e-mail from WordPress.com informing Person B
that Person A has linked to something on his blog. The e-mail gives Person
B the opportunity to accept or reject the ping back. If Person B accepts the
ping back, a small entry is posted in the comment section of his blog. If
Person B rejects the ping back, it is trashed, vanishes in the ether, never to
be seen again.
In his petition for contempt, HOGE alleges SCHMALFELDT sent an
email to HOGE and posted a comment to HOGEs blog. Both, in fact, would
be violations of the no contact portion of the peace order, except for the

21!

fact that SCHMALFELDT did not send the e-mail or post the comment on
HOGEs blog.
SCHMALFELDT has since learned that he could have disabled his
blogs ping back functionality. This would be unfair to everyone else
mentioned by hyperlink in SCHMALFELDTs WordPress blog. Nobody
would ever be notified that SCHMALFELDT had referred to his or her blog
in his blog postings. There is no way to selectively refrain from sending a
pingback to a certain blog, just like there is no way for Channel 11 to
broadcast its signal to everybodys house but HOGEs. If SCHMALFELDT
were to block his ping back functionality for one and all, if he ever resumed
his blogs ping back function, the software would search through previous
blog posts, find the mention of HOGEs blog, and notify HOGE of the
pingback.
Regarding the posting of the comment on HOGEs blog, that is
entirely HOGEs doing. At the bottom of the email automatically sent by
WordPress to notify HOGE that his blog had been pinged, he is given the
choice of accepting or rejecting the ping back.
HOGE took the affirmative action to accept the ping back, believing
this was the opportunity he was waiting for. The weeks of sitting by the
mouse hole waiting for the mouse to stick out a whisker had paid off. So

22!

terribly frightened, alarmed and annoyed was HOGE by this innocent action
of the automatic, default workings of the WordPress algorithm, he decided
he had to spend more of Carroll Countys money and use more of this
courts valuable time and once more risk SCHMALFELDTs life and/or
health by dragging him back out into the cold weather on Jan. 30, to cause
him the physical pain of having to sit upright on courtroom benches when
even sitting in his recliner become more uncomfortable as weeks go by. This
is of no import to HOGE. A law has been broken in his mind, and he has yet
another chance to punish SCHMALFELDT.
Like he did in December 2013, SCHMALFELDT advises the court
that HOGE will not be satisfied with a finding of contempt. If this honorable
court decides SCHMALFELDT should pay the $1,000 fine and spend 90
days in jail (which SCHMALFELDT honestly feels, given his present
condition, he would not survive), once these measures have expired, HOGE
will look for other ways to harass SCHMALFELDT, to worsen the stress in
his life, to cause him pain and hasten the day of his total incapacity or death.
Now that HOGE cant get a states attorney to give him the time of
day, he is using this honorable court as an end run to get around the states
attorney and he will continue to misuse and abuse this court and any court

23!

that will listen to him in his baffling quest to cause harm to, injure, or
indirectly kill SCHMALFELDT.
THEREFORE, William M. Schmalfeldt, Sr., asks this court to
dismiss HOGEs petition for contempt with prejudice.
FURTHERMORE, if it is in the courts power to do so,
SCHMALFELDT asks this court to sanction HOGE for this latest attempt to
use the courts as his personal whipping post. If this court has the power to do
so, SCHMALFELDT asks that the honorable court consider HOGEs
duplicity in robbing SCHMALFELDT of the opportunity to defend himself
and either set aside its previous decision or rehear the motion for a peace
order, or otherwise declare the peace order invalid.
FURTHERMORE, if it is in the courts power to do so,
SCHMALFELDT respectfully asks this court to ORDER HOGE to refrain
from filing further legal actions against SCHMALFELDT without the
courts permission.
FURTHERMORE, SCHMALFELDT asks that HOGE be ordered to
pay all costs associated with this misbegotten adventure.

24!

DATED: JANUARY 9, 2015

Respectfully submitted,

________________________________________
William M. Schmalfeldt, Pro Se
6636 Washington Blvd. Lot 71
Elkridge, MD 21075
410-206-9637
bschmalfeldt@comcast.net
Verification
I certify under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief and all copies are true and correct
representations of the original documents.

William M. Schmalfeldt
Certificate of Service
I certify that on the 9th day of January 2015, I served a copy of the
foregoing Motion to Dismiss WJJ Hoge IIIs Petition for Contempt by First
Class Mail to W.J.J. Hoge, 20 Ridge Road, Westminster, MD 21157,
Certified, Return Receipt Requested.

William M. Schmalfeldt

25!

INDEX!OF!EXHIBITS!

!
EXHIBIT!A!!Proof!of!WJJ!Hoge!III!lies,!to!his!
readers!and!under!oath!to!the!court.!
!
EXHIBIT!B!!Hoge!demands!hyperlinks!when!
referring!to!his!blog.!
!
EXHIBIT!C!!Carroll!County!District!Court!Denies!
Hoges!Peace!Order!Petition!
!
EXHIBIT!D!!WordPress!states!that!ping!backs!
are!the!default,!automatic!function!of!a!WordPress!
blog!when!a!hyperlink!is!used.!
!
EXHIBIT!E!!Various!technical!blog!posts!backing!
what!WordPress!says!in!Exhibit!D.!
!
EXHIBIT!F!!Proof!that!Hoge!posted!the!ping!back!
comment!of!his!own!will.!
!
EXHIBIT!G!!Hoges!readers!and!supporters!egg!
him!on!to!put!Schmalfeldt!in!jail.!
!
EXHIBIT!H!!Schmalfeldts!ignored!motion!to!
dismiss!Hoges!peace!order!petition.!
!

26!

EXHIBIT'A'
!
!

!
!
HOGE!LIES,!ON!HIS!BLOG!TO!HIS!
READERS,!AND!TO!THE!COURT!UNDER!
PENALTY!OF!PERJURY!

27!

From!Hoges!initial!peace!order!petition,!swearing!under!penalty!of!perjury!that!my!
tweets!put!him!in!fear!of!his!life!and!personal!safety.!
!

!
!
Another!Hoge!Lie!under!penalty!of!perjury.!I!am!not!bragging!about!being!a!scofflaw.!
Im!mocking!and!marveling!at!the!fact!that!Hoge!would!file!criminal!charges!against!
someone!for!responding!to!a!Tweet!without!removing!Hoges!Twitter!handle.!This!is!
from!Hoges!application!for!charges!from!August!2013.!
!

!
This!is!a!lie,!one!of!many,!that!Hoge!told!to!his!readers.!

28!

!
http://hogewash.com/2014/08/27/inbrebabpeaceborder/!

29!

EXHIBIT'B'
!

SECTIONS'FROM'HOGES'MOTION'IN'
OPPOSITION'TO'DEFENDANTS'
MOTION'FOR'SUMMARY'JUDGMENT'IN'
WHICH'HE'DEMANDS'THAT'A'
HYPERLINK'TO'HIS'SITE'IS'A'
REQUIREMENT'FOR'THE'USE'OF'
MATERIAL'FROM'HIS'BLOG.'
'

30!

'

'

'
******

'

'
!

31!

'

'

32!

EXHIBIT'C'
!
!

!
!
!
ORDER!OF!CARROLL!COUNTY!DISTRICT!
COURT!DENYING!HOGES!PETITION!FOR!A!
PEACE!ORDER!AGAINST!SCHMALFELDT.!

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EXHIBIT'D'
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DIRECT!COMMUNICATION!TO!
SCHMALFELDT!FROM!AUTOMATTIC,!
INC.,!THE!SAN!FRANCISCO!COMPANY!
THAT!CREATED!WORDPRESS,!
SIGNIFYING!THAT!PING!BACKS!ARE!AN!
AUTOMATIC,!DEFAULT!FUNCTIONING!OF!
WORDPRESS,!AND!ARE!NOT!
CONSCIOUSLY!SENT!BY!THE!BLOGGER.!
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EXHIBIT'E'
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VARIOUS!TECHNICAL!BLOG!POSTS!
DEMONSTRATING!THAT!PING!BACKS!
ARE!AN!AUTOMATIC!FUNCTION!OF!
WORDPRESS!AND!THAT!PING!BACK!
MESSAGES!ARE!SENT!AUTOMATICALLY,!
NOT!BY!THE!INDIVIDUAL!BLOGGER.!

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EXHIBIT'F'

PROOF'THAT'THE'PING'BACK'ONLY'
SHOWED'UP'ON'HOGES'BLOG'
BECAUSE'HE'APPROVED'IT.'THIS'WAS'
HIS'DOING,'NOT'SCHMALFELDTS'
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'
He'approved'it.'
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http://hogewash.com/2014/11/08/th
eUdreadfulUproUseUschmalfeldt/'
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This'is'what'appeared'on'his'blog.'
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EXHIBIT'G'
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!
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HOGES!READERS,!SUPPORTERS!EGGING!
HIM!ON!IN!HIS!EFFORT!TO!FINALLY!PUT!
SCHMALFELDT!BEHIND!BARS!
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http://kimberlinunmask.com/files/categorybbillbschmalfeldt.php!
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HOGE!AS!CAESAR!OR!OBI!WAN!FROM!STAR!WARS!IS!A!COMMON!MEME!AMONG!
HIS!SUPPORTERS.!
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THE!FOLLOWING!ARE!ALL!COMMENTS!FROM!A!SINGLE!BLOG!POST!ON!
HOGEWASH,!http://hogewash.com/2014/12/22/howbpingbacksbwork/!
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EXHIBIT H
SCHMALFELDTs MOTION TO DISMISS HOGES APPEAL OF
THE CARROLL COUNTY DISTRICT COURTs DENIAL OF HIS
PEACE ORDER PETITION, OF WHICH SCHMALFELDT NEVER
HAD AN OPPORTUNITY TO PRESENT TO THE CIRCUIT COURT
AS A RESULT OF HOGEs DUPLICITY IN TELLING
SCHMALFELDT HE WOULD NOT PURSUE THE APPEAL, THEN
GOING TO COURT AND GETTING HIS PEACE ORDER
UNOPPOSED.
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IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

WILLIAM JOHN JOSEPH HOGE )
20 Ridge Rd.
)
Westminster, MD 21157
)
)
Pro Se Petitioner,
)
) Case No. 06C14067023
v.
)
)
WILLIAM M. SCHMALFELDT )
6636 Washington Blvd. #71
)
Elkridge, MD 21075
)
)
Pro Se Respondent.
)
______________________________)
RESPONDENTS MOTION TO DISMISS PETITIONERS APPEAL
OF REJECTION OF PEACE ORDER BY THE DISTRICT COURT
OF CARROL COUNTY FOR LACK OF JURISDICTION
Now comes Respondent William M. Schmalfeldt with this Motion to
Dismiss the Appeal of Petitioner William John Joseph Hoge IIIs for the
rejection of his Motion for a Temporary Peace Order by the District Court
for Carroll County, Maryland (Case No. 002SP005252014) for lack of
jurisdiction under Maryland Courts and Judicial Proceedings 6201(a).
Facts of the Case
On July 17, the Petitioner was denied a Temporary Peace Order by the
District Court for Carroll County, Maryland, against this Respondent for
failure to provide a statutory base for relief.
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On the same day, the Petitioner filed an appeal of the District Courts
decision.
On August 6, 2014, the Circuit Court for Carroll County, Maryland,
docketed the instant case for a de novo appeal hearing on August 27, 2014.
Given the fact that the Respondent lives in Howard County,
Maryland, and the Petitioner lives in Carroll County, Maryland, the
Petitioner still finds himself unable to provide a statutory base for relief,
according to Maryland Courts and Judicial Proceedings 6201(a).
Subject to the provisions of 6202 and 6203 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.
In addition, a corporation also may be sued where it maintains its
principal offices in the State. (Id.)
Respondent resides and is retired, living in Howard County,
Maryland.
Petitioner is engaged in a vexatious copyright infringement case
against Respondent in the U.S. District Court for the District of Maryland
(Northern Division), Case No. 1:14-CV-01683-ELH, and this action before
the Circuit Court for Carroll County arose from the fact that Respondent sent
message to Petitioner regarding the Copyright Infringement case in a lawful,
peaceful fashion. This attempt to get yet another Peace Order against the
respondent is just one more attempt by this petitioner in his nearly two year
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campaign to degrade the respondents long-standing Parkinsons disease by

heaping even more stress on him after filing 367 dismissed criminal charges,
a Peace Order and a subsequent six-month extension, and the current
baseless lawsuit in the U. S. District Court.
THEREFORE: Mr. Schmalfeldt prays that the Honorable Court
DISMISS the Petitioners appeal for lack of personal jurisdiction under
Maryland Courts and Judicial Proceedings 6201(a), BAR the Petitioner
from any further legal proceedings against this Respondent unless first
approved by a review of the Court, and any other relief the court may find
just and proper.
DATED: AUGUST 7, 2014

Respectfully submitted,

________________________________________
William M. Schmalfeldt, Pro Se
6636 Washington Blvd. Lot 71
Elkridge, MD 21075
410-206-9637
bschmalfeldt@comcast.net
Verification
I certify under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief and all copies are true and correct
representations of the original documents.
William M. Schmalfeldt
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Certificate of Service
I certify that on the 7th day of August, 2014, I served a copy of the
foregoing Motion to Dismiss Petitioners Appeal by First Class Mail to
W.J.J.Hoge, 20 Ridge Road, Westminster, MD 21157, Certified, Return
Receipt Requested.

William M. Schmalfeldt
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