Tom Papania Is A Fraud

Tom settled and agreed to change his testimony (the parts he allegedly stole from Rock's book) and Rock agreed to stop posting stories of the case against Tom and to eliminate sites that Rock developed that were telling folks the same facts. Rock also gave Tom the tompapania.com web domain name he had recently won from Tom in another victorious law suit.

Thus, though Tom has begged money from people to close this and other web sites, in actuality and reality, he filed a frivolous suit and then TOLD people he had filed against us!

Read the facts and some excerpts of actual Court records that show Rock filed a motion for summary judgment and a COUNTER SUIT claiming further FRAUD on the part of Minister Tom Papania by CLICKING READ MORE!

Rock has sworn that he has done as he said he would do three years ago.. so why the complaint? 

BECAUSE TOM CAN NOW SAY HE IS SUING THOSE WHO ARE RUNNING THESE SITES BY SUING ROCK.. EVEN THOUGH ROCK HAS NOTHING TO DO WITH THIS SITE OR THE OTHERS!!!

Tom Papania's Fall 2004 Newsletter

" My attorney has informed me that he has finished all the paperwork and has filed it both in State and Federal Court. He is filing a lawsuit on every website and person that is falsely accusing me and slandering both this ministry and my name. Research has found that none of my accusers attend any church or have a Pastor for reference, or any accountability for that matter. None of them have Christ like attitudes nor does their choice of language edify or glorify God. They are like vipers in a pit waiting to strike at anyone who dares to disagree with them. If you’ve ever viewed their websites you would immediately notice a lack of any Christian love. They need our prayers desperately. They are so blinded by the enemy they actually believe they are doing God’s will by attacking me. At times they sound as if they thought they were God. Anyone trying to reason with these people just get abused and insulted with profanity or name calling. I’ve asked everyone not to try to engage them in conversation, as it is futile, but to just pray for them instead."

and this:

Winter 2004 Newsletter

"The attorney who has volunteered his services to help me with the attacks against myself and this ministry is going full steam and plans on having this all resolved within the next few months. This is long overdue and will be a relief to me when it is all over. The attacks have hurt this ministry greatly, both spiritually and financially. The lawsuit may help me recover some of the lost income I suffered for the last 3 ½ years when the attacks started. I’m more interested in the websites coming down then I am in any financial rewards. The main instigator is not by any means a Christian and I am praying he will become one before the lawsuit is initiated. Pray for my accusers as they are being controlled and manipulated by the devil himself in trying to destroy this ministry. Their minds are so warped. One of them is now attacking President Bush and some other well known Christian ministers. Evidently he never read Scripture about attacking God’s anointed (Psalm 105:15)(1Chr. 16:22)."

Yet he has NOT filed any law suit against the owners of any websites...

...and ALL THE WEB SITE OWNERS SUBMITTED AFFIDAVITS SAYING ROCK HAD NOTHING TO DO WITH THEIR SITES!

Check Out http://TomPapania.Info and http://MafiaMinistry.Com and http://christianissues.com

and then think.. 

why did tom remove the old newsletters? 

how come no LAWSUITS? 

how come a suit for breach of agreement against an individual who has nothing to do with the sites?

READ THESE THAT ARE COPIES OF FILINGS!

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

BRIEF IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AGAINST THE PLAINTIFF

COMES NOW the Defendant Pro-Se in the above case, and in compliance with Rule 6.5 of the Georgia Uniform Superior Court Rules, and files This Brief In Support Of Defendants Motion For Summary Judgment.

STATEMENT OF FACTS

1.

There is no genuine issue of material fact regarding the existence of an Agreement that was executed by Defendant and Plaintiff

2

There is no genuine issue of material Fact with regard to Defendant ensuring that no employees, agents or volunteers of any organization that he is affiliated with made any web site postings in which the name "Tom Papania" or "Tom Papanier" is referenced since the Agreement was signed.

3

There is no genuine issue of material Fact with regard to Defendant abiding by the agreement by never authoring or contributing to any web posting or publication in which the name Tom Papania or Tom Papanier is referenced since the Agreement was signed.

4

There is no genuine issue of material Fact with regard to Plaintiff breaching (Section 2 (g) Agreement) by not informing defendant he had discovered web sites and or pages or posting he believed to be the defendants since mid December of 2002..

5

There is no genuine issue of material Fact with regard to Plaintiff breaching Section (5)  of said Agreement by not Preparing or Drafting do*****ents necessary for the removal of Key Words.

6

There is no genuine issue of material Fact with regard to Plaintiff relying on the Affidavit of Don Bartholomew for the proof and evidence of his claims that the Defendant authored or contributed to any web posting or publication in which the name Tom Papania or Tom Papanier since the Agreement was signed.

7

There is no genuine issue of material Fact that Plaintiff ever submitted any writing, claim, testimony, answer or affidavit that he had notified the Defendant of the web sites and/or pages he found and thought were the Defendants offering the Defendant the opportunity to remove same. (Section 2 (g) Agreement) since December 2002.

8

There is no issue of Material fact that Plaintiff ever submitted an affidavit by Russle Pirtle.

9

There is no issue of Material fact that Plaintiff ever submitted an affidavit by Russle Pirtle.

There is no issue of Material fact that Plaintiff ever made claims that the Defendant discussed the terms of the Confidential Agreement with anyone before adding this claim to his Motion For Summary Judgment.

10

There is no issue of Material fact that Plaintiff ever submitted a claim or charge or notice or affidavit that Defendant disclosed the terms of the Agreement to  Brian Karjala or anyone else before adding this claim to his Motion For Summary Judgment. 

11

There is no issue of Material fact that Page 2 of 4 #4 states that " Defendant would assure that no employees, agents, or volunteers of any organization the he is affiliated with make any website in which the name Tom Papania or Tom Papanier is referenced in any way. 

12

There is no genuine issue of material Fact with regard to the agreement ever stating that Defendant could not host websites belonging to other individuals, companies or organizations no matter the content as long as they were not employees, agents, or volunteers of any organization the he is affiliated with.

STATEMENT OF UNDISPUTED FACTS MATERIAL TO THIS MOTION

13

Defendant has violated no provision of the Agreement.

14

There is no genuine issue of material Fact with regard to Don Bartholomew's Affidavit containing numerous critical errors and outright mistakes as concerns writing and technical information and conclusions based on said writing and technical information.

15

There is no genuine issue of material Fact with regard to Plaintiff breaching (Section 2 (g) Agreement) for he never contacted wrote, emailed or phoned the Defendant to inform him he had discovered web sites or pages he believed were in violation of the agreement.

16

There is no genuine issue of material Fact with regard to Plaintiff breaching Section (5)  of said Agreement by not Preparing or Drafting do*****ents necessary for the removal of Key Words.

17

There is no genuine issue of material Fact that the defendant removed all pages and sites and links that Plaintiff discovered after the agreement excepting sites that were mutually agreed to being as in # 11 above and that the last email or contact was in mid December or 2002. 

18

There is no genuine issue of material Fact that the defendant would have removed any link or page that did not fit or pertain to #11 above.

   19

There is no genuine issue of material Fact with regard to Plaintiff breaching (Section 2 (g) Agreement) for he never contacted wrote, emailed or phoned the Defendant to inform him he had discovered web sites or pages he believed were in violation of the agreement since mid December 2002.

20

There is no genuine issue of material Fact with regard to Plaintiff breaching (Section 6 paragraph 4) the Agreement by disparaging and commenting negatively about Defendant  through postings and speech.

21

Affidavit Of Don Bartholomew

The Plaintiffs in their Motion For Summary Judgment utilized the Affidavit Don Bartholomew submitted with Plaintiff's Motion For Summary Judgment as their sole evidence to substantiate claims thatDefendant Violated the Agreement.

22

The affidavit, Don Bartholomew made sworn to claims that were based on his misinterpretation of the meaning of the words, terms and procedures used to describe the process and procedures of Domain Name Registration, Domain Name Ownership, Web Site Hosting, and Network Id by providing incorrect and/or misleading explanations for these words and terms. Don Bartholomew then made sworn to incorrect conclusions based on those misinterpretations of the stated words, terms, procedures by using same to describe the results of TRACE, WHOIS, NETWORK ID and REGISTRATION searches he performed utilizing search Utilities and SOFTWARE programs

See Defendants Motion To Dismiss The Affidavit of Don Bartholomew 
See Defendants Motion To Dismiss Plaintiffs Motion For Summary Judgment 
See the affidavit Of Rocky Scarfone

Argument and Citation Of Authority

23.

.FIRST CAUSE FOR SUMMARY JUDGMENT
Section 2 (g) Agreement

There is no disagreement that an agreement was reached and signed by plaintiff and Defendant. That agreement is herein attached.

24 

The Agreement: Transferring Sites and Removing Existing Web Pages and Sites:

a) page 1 #1.Transerfer the domains Tompapania.com and Tompapania.net
This was done

b) Page 1, #2 a through f: The Defendant was "TO THE BEST OF HIS ABILITIES" to remove all publications, postings, and other literature of the names Tom Papania and Tom Papanier or any derivative thereof, from the following WEB SITES located on the world wide web:

    1)  The term WEB SITES means just that. YouthOfAmerica.Com Net and Org. But it did not include any websites belonging to anyone that was not an employee, agent or volunteer. The web site crossroads.youthofamerica.org was not a Youth Of America Web Site. 

2) Thus, the sites Frank Catania  (FrankCatania.youthofamerica.org)  and Nick Barbetta (NickBarbetta.youthofamerica.org) were sites on Youth Of America in the CO-CONTROL of the Defendant and primarily were against the Plaintiff Tom Papania and were listed as being so.

Both sites WERE None Domain Name Free Hosted Web Sites and Privately controlled, that is why they were specifically named in the Agreement. These sites and all that Defendant new of or located through searches were removed to Defendants best ability. The reason that some remained was that there are literally a few thousand mini web sites and pages where some LINKS remained, and it took years for some links to show up in search engines. 

That is WHY WE, Plaintiff and Defendant,  AGREED THAT PLAINTIFF WOULD NOTIFY DEFENDANT IF HE FOUND ANY SITES OR PAGES!

That is why Cross Roads Prison Ministry website at CrossRoads.YouthOfAmerica.Org remained. Because neither Defendant nor Plaintiff realized the site existed. It was built by a volunteer in 1999/2000, as were over 800 other free sites. It is a Non Domain Name Hosted Web Site the Defendant had no control over. It did NOT appear in search engines from October 2002 through December 2003. I stopped searching in 2003. And, unless some one alerted me, I would not have known about the site. 

see: affidavit of jeff russo and second affidavit of jeff russo
see: affidavit of rocky scarfone

25 

Thus, I was to remove web sites, pages and postings that were listed in the agreement. This  I did entirely and then conducted searches and removed other pages and LINKS from other pages Plaintiff was unaware of. 
(Verified Email attachments of Tom Papania in EXHIBITS in Defendants Amended Answer and Counter Claim) 

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