Rock's first win against tom and his mafia to minister fraud in a Wipo world court case where he won the rights to TOMPAPANIA.COM

Rock's second victory in federal court. note the Chief Justice's NOTATION on page seven (7) concerning summary judgement that caused Tom to settle

Rock's last brief showing the mafia to minister fraud in his third battle over a 4 year period with Tom that ended in the third victory for Rock

NOTE: THE FOLLOWING BRIEF WAS THE LAST ONE FILED IN THIS 4 YEAR FINAL &
THIRD LAW SUIT AND THE CASE WAS DISMISSED IN ROCKS FAVOR .. AGAIN



IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA


Civil Action File
No. 05-A 00627-3
THOMAS PAPANIA,
PLAINTIFF


BRIEF IN SUPPORT of MOTION
for EVIDENTIARY HEARING


ROCKY SCARFONE
DEFENDANT


BRIEF IN SUPPORT OF MOTION FOR EVIDENTIARY HEARING

1
The Defendant has alleged in every way and means and filing available that this action is more than a simple contract disagreement; that evidence points to the MOTIVE and PLAN of the Plaintiff to utilize this complaint to continue a history of defrauding the public.

2
Evidence that a person has a particular motive can be relevant to an ultimate fact in both civil and criminal cases. When motive is relevant, evidence tending to show its existence is usually admissible. One method of proving the existence of a motive is to offer evidence that the person alleged to have committed an act in question has committed one or more other crimes, wrongs, or acts. Such evidence may be admissible for the purpose of showing motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The court may admit said evidence when it tends to show a relevant motive other than through an inference of character; something that prompts a person to act in a certain way or that determines volition, and equates the term with inducement and incentive.
“Intent spells purpose to use a particular means to obtain a desired end, whereas motive supplies the reason that nudges the will and prods the mind to indulge the criminal intent.” Id. (citing Jones v. State, 68 So. 690, 694 (Ala. Crim. App. 1915).


3
Through Defendants initial answers, affidavits, amended answers and counter complaint, he has shown that reasonable evidence of material fact exists alleging: Plaintiff has been selling tapes, videos and performing speaking engagements that are based on a fraudulent “TESTIMONY”, in which said testimony encompasses the Plaintiffs entire past life;.

A- That Defendant Filed a Federal Copyright Infringemen and FRAUD Case against plaintiff;
that the Defendant won settlements of claims against CBN and FOF in said Copyright Infringement and Fraud complaint against the Plaintiff before the settlement;

B-that Defendant had won the rights to the name TOMPAPANIA.COM and NET before the settlement;
Cthat Defendant closed down the Plaintiff’s tompapania.org website for copyright violation before the settlement, that Defendant successfully argued after three years and won the right to go to trial with a possible summary judgment against the Plaintiff’ and was in complete control when he agreed to settle;

D-hat Plaintiff was aware that websites he accused the defendant of contributing to or posting to or owning were owned and created by individuals who had opposed the alleged fraud for years before Defendant was even aware of Plaintiff;

E-that Plaintiff experienced a vast reduction of speaking engagements, donations, video and tape sales from the expose website publications;

F- that Plaintiff informed the public that he was going to close down said websites because they were untrue that Plaintiff was well within his statutes of limitations to file defamation suites against any of the website owners;

G- that Plaintiff, instead of filing against his old detractors, he filed suit against the Defendant for violation of an agreement using said websites as cause; that Plaintiff then published news letters stating he had an attorney file multiple law suites against all the website owners in State and Federal Court;

All suggesting and alleging that the Plaintiff filed this action in order to continue to receive donations, garner speaking engagements and sell video and audio tapes of an alleged fraudulent testimony that covers Plaintiffs entire life to present;   And that Plaintiff actively denied discovery of documents, contacts, witnesses, emails and facts with only a few domain names and the name of one witness offered years after the requests were made in order to prolong the action;

4
It is therefore more than reasonable that Plaintiff was moved to act by a particular motive with an explicit plan to accomplish his specific purpose; and knowledge of the motive leads the Defendant to infer that the act was done with the intent of reaching the goal implied by the motive: fraud.

5
Thus evidence that the Plaintiff acted in accordance with his particular plan may permit the Defendant to infer back to the motive that produced the plan and forward to the intent with which the subsequent act was carried out. By the introduction of evidence which provides a motive, the defendant is able to establish the plaintiff was more likely to have committed the act. It is crucial for the court to analyze the applicability of the theory to the facts at hand, determine the strength of the motive evidence, and then to weigh its probative value against its potential prejudice.

6
If this Honorable Court were to view the Defendants filings, the Court would discover attempt after attempt for discovery regarding all matters not privileged which were relevant to the subject matters involved in this pending action, whether it related to the claim and defense of the Defendant seeking , including the existence, description, nature, custody, condition, and location of any books, documents, emails, witnesses, or other tangible things and the specific identity and location of persons having knowledge of any discoverable matter was simply denied.

7
It is not grounds for objection that the information sought would be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence; It is thus that the Defendant requests a hearing to discover just what he can introduce at trial. The Defendant has acquired documents, emails, tapes and video that he believes he has the right to utilize in his defense and counter claims. Many of these, such as emails and tapes, were asked for and available to the Plaintiff, yet Plaintiff never sent them.

Wherefore:
The defendant, with all respect, requests a hearing to introduce said evidence and discover what he can and cannot introduce at trial.


Respectfully Submitted

This ____ Day of _______________ 2009

Pro-Se


 

Dear Mr. Rocky Scarfone
I have wanted to write for quite sometime.I sometimes find
it hard to express when I find myself over whelmed with a
situation. I have been so very impressed with all I have
seen you do over the past year.
We have talked several times on and off over the last
year.you have helped me so very much. Not only with all of
my own writing but also all of the difficult confusion I
was experiencing. In some ways I can not believe just how
much your help has also begun traveling right down to my
children and maybe the results right down to their
children's lives.
I could never express enough how much your web pages have
helped so many .
Not just the youths of America , but also the past youths
of America meaning the young and old of today helping
many of us with the guidance of our own children. while
you continue helping others along with supplying a place
for the lost youths to call their own and to give them the
chance to find some hope and belief within their very own
selves, At times I visit different web sights and many
times I have sent youths to you.
Just last week I came in contact with a sixteen Yr old boy
who both parents committed suicide ,While he is left
sitting behind believing he has no right to live. he
explained just a few weeks ago he tried to kill himself
(only sixteen yrs old) thank goodness there was you Rock
to guide him to .I wish that I could give back to you, a
gift of time for all that you are doing ,
I do not know how you keep going with all the web pages
when do you possible have the time when you still can
still manage to take the time to help all these youths not
only with their fabulous art work, music, videos and great
writings but all the youths you also helped with any drug
problems
and not to mention all the time and training you have
given to David. I have talked to him when he first arrived
and watched his personality bloom and hear the change of
confidence within his voice.
where does all this time come from,do you not sleep Rock?
MY question is !! .........Is there some secret of
where you hide time I would love to know. .some lite humor
I have gone as far as spending the time and money to fly to
Atlanta when you were at the Gwinnett fair
.I wanted to seethe web mobile that you had spend so many
years working hard to make happen.
I appreciated the time you gave me to show me everything
and also to help teach me some on the computer.
I know how tired you were after having spent the whole two
weeks there 12 hours a day.. I was very impressed at the
young people who were at the web mobile talking and
trusting in you so.
It was all around quite an experience seeing so many
people interested in all you had set up and all of your
encouraging words and videos you had to offer.
I guess I am trying to say Thank You so very Much for
everything and I am sure I am just one of many who feel
this way.I have read your book house of cards,Only the true
Author could write such detail of emotions depth of
pain , and speck the wisdom learned
I pray that truth and justice will be brought forth through
this issue concerning Tom.
All of our family prays for you,for all that you have
brought forth Rock Scarfone
May God Bless you and your family and bring forth all of
your past back, to where it belongs with fair Justice

can you comment about that?
******************************

Hello to all you miss-informed, uneducated(real life, that is), cretins out there.
Apparently you've never the opportunity to meet Mr. ROcky Scarpone. I have not only met him and his beautiful family, but I have the honor of breaking bread with them.
Rocky lives his life by his own set of rules. They are very simple and easy to live by, so I'll attempt to explain them to you.(If I'm typing too fast for your pea brain, sorry)
#1. Treat everyone you meet with respect. What they do with it is up to them.
#2. You can never judge another until you've lived their life. You are probably more f-upd than them.
#3. Always fight for what you believe is right. Nothing worse than a whiner.Boo f-ing hoo.
#4. Unconditional love for your family and friends. Never walk alone.
#5. Know when to listen. You're not always right.
These are just a fraction of the rules Rocky lives by, and those of you who slander him need to re-evaluate the way you live. Great role model, gotta love him!
The man gives of him self, no-one else. He is extremely lucky(and I think he'ld agree) that he has a wonderful family that happen to believe in the good people can do, just as he does. You people obviously have very low self-esteem.
Why don't you naw-sayers come on down to Ga. and introduce yourself to Rocky. I'm quite sure he'll find time to talk to you. Just be prepared to hear some things about yourself you never knew, 'cause Rock will have you figured out in 8 minutes, tops!
The man truly is a one-of-a-kind person. You only meet 1, maybe 2 like him in your lifetime, so you better hurry, time's running out!
If you can't see where this is going, then al of you are dumber thant a box of rocks(no disrespect to the rocks). Later on, you misguided souls. Bill Betz

 

*******************************

 

I took time off work just to respond to the last comment. You certainly can not logically judge a person by the actions of another. The actions or alleged actions of Mr. Scarfone's brother in no way indicate similar actions by Mr. Scarfone or a similar mindset. It's been a while since I last spoke to Rock but I would avidly defend him if it had been decades. He has always been the kind of person who sees people for what they are and calls it as he sees it. He may be harsh at times but I've always known him to be honest. The man has ALWAYS treated me like royalty...even when I didn't feel I was deserving of such treatment; always been selfless...one of the most giving people I've known...and always been worthy of my trust. He's the kind of kind who will kill himself to help a person and do without in order to make certain you don't. I would trust the man with my life.

Russle

************************************

 

Henry Ellis said...
I came across this blog by chance and I am most surprised at the attempted vilification of Mr Scarfones good name and character.

I am a direct student of the legendary Budo master Kenshiro Abbe Sensei from 1957 and a pioneer of British Aikido. The whole history and lineage was about to be turned upside down by the fraudulent claims of an ex-student who was supported by non other that the British Aikido Board ( BAB ) the governing body for Aikido in the UK. If these claims had gone unchallenged the history would have been changed for all the future generation and possibly lost forever. I am no longer a young man and it was a dilemma how to fight these fraudulent claims.I did not know much about computers either.

Out of the blue I received a message from Mr Rock Scarfone offering his full support in my cause. I must admit to being very cautious as we have an old saying in the County of Yorkshire " Tha does nowt fer nowt " ( You do nothing for nothing )....

Mr Scarfone made it clear that he felt these fraudulent claimes were bad for the future young people of Aikido and his support would be entirely free. AND IT WAS !!
With the support of Mr Scarfone I took the British Aikido Board to first the Houses of Parliament and then to Sports England where they the BAB were compelled to give me a public apology, and the history of British aikido is now preserved for future generations.
Thank you once again Mr Scarfone for your many years of unwavering support.
Henry Ellis
Principal coach
Ellis Schools of Traditional Aikido
Co-author of Positive Aikido.
http://www.geocities.com/britishaikido