Contempt MTD

download Contempt MTD

of 75

Transcript of Contempt MTD

  • 8/10/2019 Contempt MTD

    1/75

    "

    IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

    WILLIAM JOHN JOSEPH HOGE III )

    20 Ridge Rd. )Westminster, MD 21157 )

    )

    Pro SePetitioner, )

    ) Case No. 06C14067023v. )

    )

    WILLIAM M. SCHMALFELDT )

    6636 Washington Blvd. #71 )

    Elkridge, MD 21075 )

    )Pro SeRespondent. )

    __________________________________ )

    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

  • 8/10/2019 Contempt MTD

    2/75

  • 8/10/2019 Contempt MTD

    3/75

    $

    7. HOGE is putting on a show for his readers and supporters whoare egging him on to put SCHMALFELDT in jail for posting alink to HOGEs blog.

    8. That HOGEs main purpose for this action as well as the 367criminal 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 withan ongoing search for justice and everything to do with anongoing attempt to use SCHMALFELDTs Parkinsons diseaseto cause his early death or total incapacitation by keeping himunder a constant state of stress and forcing him to ventureoutside 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

    #!""#$%"""!'(.

    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

  • 8/10/2019 Contempt MTD

    4/75

    %

    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

  • 8/10/2019 Contempt MTD

    5/75

    &

    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 tohim. It was what SCHMALFELDT wrote

    abouthim.

    (Screen capture[emphasis added] from

    http://hogewash.com/2013/06/14/my-side-part-2/)

  • 8/10/2019 Contempt MTD

    6/75

    '

  • 8/10/2019 Contempt MTD

    7/75

    (

    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-no-

    394/)

  • 8/10/2019 Contempt MTD

    8/75

    )

    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.

  • 8/10/2019 Contempt MTD

    9/75

    *

    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/perhaps-

    another-day/)

    In all, the 367 charges HOGE filed against SCHMALFELDT most

    relating to the peace order were deemed nolle prosequiby 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 prosequiby the Howard County States

    Attorney.

  • 8/10/2019 Contempt MTD

    10/75

  • 8/10/2019 Contempt MTD

    11/75

    ""

    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.

  • 8/10/2019 Contempt MTD

    12/75

    "#

    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

  • 8/10/2019 Contempt MTD

    13/75

    "$

    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.

  • 8/10/2019 Contempt MTD

    14/75

    "%

    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, e-

    mails 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.

  • 8/10/2019 Contempt MTD

    15/75

    "&

    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.

  • 8/10/2019 Contempt MTD

    16/75

    "'

    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

  • 8/10/2019 Contempt MTD

    17/75

    "(

    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 COURTASKING 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.

  • 8/10/2019 Contempt MTD

    18/75

    ")

    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

  • 8/10/2019 Contempt MTD

    19/75

    "*

    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 computer-

    related 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 victimand are received outside a public forum. United States v. Bowker, 372 F.3d365, 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 e-mails or phone calls directed to a victim. (See id. at 378)

  • 8/10/2019 Contempt MTD

    20/75

    #+

    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.

  • 8/10/2019 Contempt MTD

    21/75

    #"

    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

  • 8/10/2019 Contempt MTD

    22/75

    ##

    fact that SCHMALFELDT did notsend the e-mail orpostthe 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

  • 8/10/2019 Contempt MTD

    23/75

    #$

    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 lawhas 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

  • 8/10/2019 Contempt MTD

    24/75

    #%

    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.

  • 8/10/2019 Contempt MTD

    25/75

  • 8/10/2019 Contempt MTD

    26/75

    #'

    ,-./0 12 /03,4,56

    /03,4,5 7 8 9:;;< ;< =>> 3;?@ ,,, AB@CD E; FBC:@GH@:C GIH JIH@: ;GEF E; EF@ K;J:EL

    /03,4,5 4 8 3;?@ H@MGIHC FNO@:ABIPC QF@I

    :@

  • 8/10/2019 Contempt MTD

    27/75

    #(

    !"#$%$& (

    31Y/ [,/6D 1- 3,6 4[1Y 51 3,6

    \/7./\6D 7-. 51 53/ S1]\5 ]-./\

    9/-7[5^ 12 9/\>]\^

  • 8/10/2019 Contempt MTD

    28/75

    #)

    2:;M 3;?@TC BIBEBGA O@GK@ ;:H@: O@EBEB;ID CQ@G:BI? JIH@: O@IGAEN ;< O@:ZJ:N EFGE MN

    UEQ@@ECV OJE FBM BI

  • 8/10/2019 Contempt MTD

    29/75

    #*

    FEEO`aaF;?@QGCFLK;Ma#+"%a+)a#(aBIb:@bGbO@GK@b;:H@:a

  • 8/10/2019 Contempt MTD

    30/75

    $+

    !"#$%$& %

    )!*&$+,) -.+/ #+0!1) /+&$+, $,+22+)$&$+, &+ 3!-!,3(,&1)

    /+&$+, -+. )4//(.5 6430/!,& $,

    7#$*# #! 3!/(,3) (& (

    #52!.8$,9 &+ #$) )$&! $) (

    .!:4$.!/!,& -+. ! 4)! +-

    /(&!.$(8 -.+/ #$) %8+0;

  • 8/10/2019 Contempt MTD

    31/75

    $"

  • 8/10/2019 Contempt MTD

    32/75

    $#

  • 8/10/2019 Contempt MTD

    33/75

    $$

    !"#$%$& *

    1\./\ 12 S7\\1[[ S1]-5^ .,65\,S5

    S1]\5 ./-^,-Y 31Y/T6 9/5,5,1- 21\ 7

    9/7S/ 1\./\ 7Y7,-65 6S3c7[2/[.5L

  • 8/10/2019 Contempt MTD

    34/75

    $%

  • 8/10/2019 Contempt MTD

    35/75

    $&

    !"#$%$& 3

    .,\/S5 S1cc]-,S75,1- 51

    6S3c7[2/[.5 2\1c 7]51c755,SD

    ,-SLD 53/ 67- 2\7-S,6S1 S1c97-^5375 S\/75/. =1\.9\/66D

    6,Y-,2^,-Y 5375 9,-Y 47Sd6 7\/ 7-

    7]51c75,SD ./27][5 2]-S5,1-,-Y 12

    =1\.9\/66D 7-. 7\/ -15

    S1-6S,1]6[^ 6/-5 4^ 53/ 4[1YY/\L

  • 8/10/2019 Contempt MTD

    36/75

    $'

  • 8/10/2019 Contempt MTD

    37/75

    $(

  • 8/10/2019 Contempt MTD

    38/75

    $)

    !"#$%$& !

    W7\,1]6 5/S3-,S7[ 4[1Y 91656./c1-65\75,-Y 5375 9,-Y 47Sd6

    7\/ 7- 7]51c75,S 2]-S5,1- 12

    =1\.9\/66 7-. 5375 9,-Y 47Sd

    c/667Y/6 7\/ 6/-5 7]51c75,S7[[^D

    -15 4^ 53/ ,-.,W,.]7[ 4[1YY/\L

  • 8/10/2019 Contempt MTD

    39/75

    $*

  • 8/10/2019 Contempt MTD

    40/75

    %+

  • 8/10/2019 Contempt MTD

    41/75

    %"

  • 8/10/2019 Contempt MTD

    42/75

    %#

  • 8/10/2019 Contempt MTD

    43/75

    %$

  • 8/10/2019 Contempt MTD

    44/75

    %%

  • 8/10/2019 Contempt MTD

    45/75

    %&

  • 8/10/2019 Contempt MTD

    46/75

  • 8/10/2019 Contempt MTD

    47/75

    %(

    !"#$%$& -

    2.++- (& ! 2$,0 %(*9 +,85

    )#+7!3 42 +, #+0!1) %8+0

    %!*(4)! #! (22.+=!3 $&; $) 7()#$) 3+$,0> ,+& )*#/(8-!83&1)

  • 8/10/2019 Contempt MTD

    48/75

    %)

    #? @AABCD?E FG;

    HGGAIJJHCK?L@MH;NCOJPQRSJRRJQTJGH

    ?UEB?@EVWXUABCUM?UMNHO@XV?XEGJ

    &HFM FM LH@G @AA?@B?E CY HFM ZXCK;

  • 8/10/2019 Contempt MTD

    49/75

    %*

    !"#$%$& 0

    31Y/T6 \/7./\6D 6]991\5/\6 /YY,-Y

    3,c 1- ,- 3,6 /221\5 51 2,-7[[^ 9]5

    6S3c7[2/[.5 4/3,-. 47\6

  • 8/10/2019 Contempt MTD

    50/75

  • 8/10/2019 Contempt MTD

    51/75

    &"

  • 8/10/2019 Contempt MTD

    52/75

    31Y/ 76 S7/67\ 1\ e14, =7-V 2\1c 657\ =7\6 ,6 7 S1cc1- c/c/ 7c1-Y3,6 6]991\5/\6L

    53/ 21[[1=,-Y 7\/ 7[[ S1cc/-56 2\1c 7 6,-Y[/ 4[1Y 9165 1-

    31Y/=763D FEEO`aaF;?@QGCFLK;Ma#+"%a"#a##aF;QbOBI?RGKPCbQ;:Pa

  • 8/10/2019 Contempt MTD

    53/75

    &$

  • 8/10/2019 Contempt MTD

    54/75

    &%

  • 8/10/2019 Contempt MTD

    55/75

    &&

  • 8/10/2019 Contempt MTD

    56/75

    &'

  • 8/10/2019 Contempt MTD

    57/75

    &(

  • 8/10/2019 Contempt MTD

    58/75

    &)

  • 8/10/2019 Contempt MTD

    59/75

    &*

  • 8/10/2019 Contempt MTD

    60/75

    '+

  • 8/10/2019 Contempt MTD

    61/75

    '"

  • 8/10/2019 Contempt MTD

    62/75

    '#

  • 8/10/2019 Contempt MTD

    63/75

    '$

  • 8/10/2019 Contempt MTD

    64/75

  • 8/10/2019 Contempt MTD

    65/75

    '&

  • 8/10/2019 Contempt MTD

    66/75

    ''

  • 8/10/2019 Contempt MTD

    67/75

    '(

  • 8/10/2019 Contempt MTD

    68/75

    ')

  • 8/10/2019 Contempt MTD

    69/75

    '*

  • 8/10/2019 Contempt MTD

    70/75

    (+

  • 8/10/2019 Contempt MTD

    71/75

    ("

    EXHIBIT H

    SCHMALFELDTs MOTION TO DISMISS HOGES APPEAL OFTHE 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.

  • 8/10/2019 Contempt MTD

    72/75

    (#

    IN THE CIRCUIT COURT FOR CARROLL COUNTY, MARYLAND

    WILLIAM JOHN JOSEPH HOGE )

    20 Ridge Rd. )

    Westminster, MD 21157 )

    )

    Pro SePetitioner, )

    ) Case No. 06C14067023v. )

    )

    WILLIAM M. SCHMALFELDT )

    6636 Washington Blvd. #71 )

    Elkridge, MD 21075 )

    )Pro SeRespondent. )

    ______________________________)

    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.

  • 8/10/2019 Contempt MTD

    73/75

    ($

    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

  • 8/10/2019 Contempt MTD

    74/75

    (%

    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 Se6636 Washington Blvd. Lot 71Elkridge, MD 21075410-206-9637

    [email protected]

    Verification

    I certify under penalty of perjury that the foregoing is true and correctto the best of my knowledge and belief and all copies are true and correctrepresentations of the original documents.

    William M. Schmalfeldt

  • 8/10/2019 Contempt MTD

    75/75

    Certificate of Service

    I certify that on the 7th day of August, 2014, I served a copy of theforegoing Motion to Dismiss Petitioners Appeal by First Class Mail toW.J.J.Hoge, 20 Ridge Road, Westminster, MD 21157, Certified, ReturnReceipt Requested.

    William M. Schmalfeldt