additional web sites continuing to promoting Tom
--Below you will find the LAST REMAINING offenders on the net:
Norman Lawrence
designs for ministry
:WOW,,, amazing! A web designer named Norman Lawrence
who promotes the Assemblies Of God in his meta tages, seems to be PROFITING FROM
FRAUD. Not only is he PROUD to have designed Tom's Latest attempt at taking your money,
http://tompapania.org , but they are actually
selling Tom's Tapes there! CCNOW, the credfit card folks, are assisting in this fraud! We
called to notify them and they hung up! (time to ammend the complaint! ) and that leaves
us to believing that they simply want their cut...
Sept 30 2002
ATTENTION:
9-30-2003 Leon Eltrin ADDR.Com
SUBJECT: TOMPAPANIA.COM and COPYRIGHT INFRINGEMENT and FRAUD
UNITED STATES DISTRICT COURT
THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Civil Action 1:00-cv-775-HTW
Presiding Judge Horace T. Ward, Senior Judge
RJ Rocky Scarfone
Lighthouse Sanctuary Youth Foundation, Inc
1426 web gin house rd
Lawrenceville, Ga
30045
1-800-438-6890
youthofamerica@youthofamerica.net
COPYRIGHT HOLDER- PLAINTIFF
TOM PAPANIA et, al
Copyright Infringement/Fraud Defendant
9-30-2003
ATTENTION: Leon Eltrin for ADDR.Com at 720-489-8484
|
Denver Office
5575 DTC Parkway
Suite 100
Greenwood Village, CO 80111
|
|
San Jose Office
3031 Tisch Way
Floor 10, Suite 1006
San Jose, CA 95128 |
|
Leon Eltrin:
This letter is to advise ADDR.COM
that material copyright by one RJ Rocky Scarfone is being sold through a web
site titled "TOMPAPANIA.ORG".
The material in question are AUDIO
and VIDEO TAPES on and at http://tompapania.org/tapes.htm:
"You
may purchase Tom Papania's testimony through CCNow, our Secure Authorized
Online Retailer. Please note: Video and Audio Tapes purchased elsewhere
are not authorized by God's Saving Grace Ministries. Tapes may only be
purchased on this Web Site, or using the mailing information provided below.
Thank you."
These
tapes and videos contain exact content that was plagiarized from the copyright
book, House Of Cards.
It is further advised that a Law Suit
and Action, CA: 1.00-cv-775-HTW, filed on December 4, 1999, is currently in the
Federal Court of the Northern District of Georgia.
It is alleged in this action that one
Tom Papania not only stole the complete writings of the Author of House Of
Cards, but also committed and is committing FRAUD, including using the internet
to continue said FRAUD, et al.
As of 7-24-2002, the Plaintiff has
won settlements from Christian Broadcasting Network, Focus On The Family and
twenty other organizations and individuals. And, as of September 30, 2002, all
motions for dismissal by Mr Tom Papania have been defeated and the Plaintiff is
currently filing the last documents, briefs and notice's of inclusion to ready
this case for trial.
We would like to point out that in
addition to our steady evolution to success in our Federal Action for Copyright
Infringement and Fraud, we have also won WIPO Complaint, Case Number: D2001-0978
on the 12 of October 2001.
The facts are simple, the
Plaintiff has produced adequate proof and information that demonstrates that the
TomPapania.Oorg web site and Mr. Tom Papania:
a) used a copy of the house
of cards manuscript in the creation of his "testimony" and "PROMO
MATERIAL (inc: web site tompapania.org) which he sells from TomPapania.Org.
b) that Tom Papania and
TomPapania.Org have blatantly utilized fraud and deceit in the said copyright
infringement violation and in the promotion of same.
c) that tom papania and
tompapania.org CONTINUE to utilize fraud in their ONGOING and CONTINUED
COPYRIGHT INFRINGEMENT.
Now, we have diligently written the
web master of TomPapania.Org several e mails advising said webmaster that the
content and material and information listed at TomPapania.Org violates the
copyright law and, further, has cost the plaintiff hundreds of thousands in lost
royalties and emotional distress. The webmaster has, in fact, removed all e mail
contact and has avoided our inquiries and requests.
Further, having won the last and
final attempt by Mr. Tom Papania to dismiss the case, and with the case,
finally, after 3 years of battle, going to trial, we MUST advise ADDR.COM that
we have NO alternative but to file a brief and amend the complaint to include
TomPapania.Org's web master and the ISP (addr.com) that is ultimately allowing
this copyright infringement and fraud to continue online.
Under Title 17 of the US Code, we
discover the facts on liability of the ISP, or provider of the services, which
allow Mr Tom Papania to utilize TomPapanis.Org as an outlet to further promote
his Fraud and Copyright Infringement and the facts on ADDR.COM'S alternatives:
Sec. 512. - Limitations on
liability relating to material online
(1) In general.
-
A service provider
shall not be liable for monetary relief, or, except as provided
in subsection (j), for injunctive or other equitable relief, for infringement
of copyright by reason of the storage at the direction of a user of material
that resides on a system or network controlled or operated by or for the service
provider, if the service provider
-
(i)
does not have actual
knowledge that the material or an activity using the material on the system or
network is infringing;
(ii)
in the absence of such
actual knowledge, is not aware of facts or circumstances from which infringing
activity is apparent; or
(iii)
upon obtaining such
knowledge or awareness, acts expeditiously to remove, or disable access to,
the material;
(B)
does not receive a financial
benefit directly attributable to the infringing activity, in a case in which
the service provider has the right and
ability to control such activity; and
(C)
upon notification of
claimed infringement as described in paragraph (3), responds expeditiously to
remove, or disable access to, the material that is claimed to be infringing or
to be the subject of infringing activity.
**************************
(3) Elements
of notification. -
(A)
To be effective under this
subsection, a notification of claimed infringement must be a written
communication provided to the designated agent of a service provider that includes substantially the following:
***************
(i)
A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
I authorize, RJ Rocky
Scarfone,
holder of the copyright to House Of Cards, the same House Of Cards that is
identified as the Plaintiffs works that is alleged to have been used to create
the video and audio tapes at http://tompapania.org.
I further confirm that the allegation is in fact in Federal Court, a copy of
the final order by said court attached to this fax, and authorize
ADDR.COM to take what ever action it can under law to remove the offending
copyright infringement material from their servers.
--------------------------------
RJ Rocky Scarfone
Copyright Holder
sept 30 2002
September 30, 2002
***********
(ii)
Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works at that site.
House Of Cards, The
Curse Of Alphonso
http://www.amazon.com/exec/obidos/ASIN/0965706605/qid%3D1033409021/sr%3D11-1/ref%3Dsr%5F11%5F1/103-1075133-9386223
Product Details
****************
(iii)
Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider
to locate the material.
http://tompapania.org/testimony.htm
"Tom's Testimony"
http://tompapania.org/tapes.htm
You may purchase Tom
Papania's testimony through CCNow, our Secure Authorized
Online Retailer.
Please note: Video and Audio Tapes purchased elsewhere are not
authorized by God's Saving Grace Ministries. Tapes may only be purchased
on this Web Site, or using the mailing information provided below. Thank
you.
*************
(iv)
Information reasonably sufficient
to permit the service provider to contact
the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted.
>>>>
Norman
Lawrence
designs for ministry
Registrant:
Papania, Tom (TOMPAPANIA2-DOM)
PO Box 756
Powder Springs, GA 30127
US
Domain Name: TOMPAPANIA.ORG
Administrative Contact:
Norman C. Lawrence (LN126-ORG) normlawr@QUIETSTONES.COM
New Touch, Inc.
P.O. Box 266
Kittanning, PA 16201
UNITED STATES
(724) 543-5124
Fax- (425) 675-5400
Technical Contact:
addr.com, addr.com (BA2362) hostmaster@ADDR.COM
Addr.com
3031 Tisch Way Suite 1008
San Jose, CA 95128
US
(720)489-9969 408-615-1569 408-615-1569
Record expires on 17-May-2005.
Record created on 17-May-2001.
Database last updated on 30-Sep-2002 15:28:13 EDT.
Domain servers in listed order:
NS.ADDR.COM 209.249.147.233
NS2.ADDR.COM 209.249.147.237
PLEASE BE ADVISED THAT
THERE IS NO MAIL CONTACT ON THE WEB SITE AND THE ONLY INFO IS BELOW
God's Saving Grace
Ministries - Box 756 Powder Springs, GA - 30127
If you would like to see
about the possibility of having Tom Papania minister in your area, please
contact us:
God's Saving Grace
Ministries
P.O. Box 756
Powder Springs, GA
30127
Fax: 770-590-0130
(v)
A statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
I believe i have stated it
entirely above, the use use of the material being sold, offered and written
about at TomPapania.Org in the manner complained of, is not authorized
by the copyright owner, its agent, or the law --- and in the attached
ONGOING ORDER of the court, you may read that the Federal Courts have allowed
us to proceed to trial and the fact that all motions and cause/reasons by the
DEFENDANT to state that we do not have a case have been exhausted.
For further info visist http://tompapania.com
for direct contact:
1-800-438-6894
RJ Scarfone
14 26 web gin house rd, lawrenceville, ga, 30045
*********
(vi)
A statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
This notification, sent by
FAX to ADDR.COM, and to one "Leon
Eltrin", at 720-489-8484, authorizes ADDR.COM and, one "Leon
Eltrin", to Act In Our Behalf of Lighthouse Sanctuary Youth Foundation and
the EXCLUSIVE HOLDER OF THE COPYRIGHT to House Of Cards, et al, RJ Rocky
Scarfone, to remove said offending material .
______________________________
RJ Rocky Scarfone
Copyright Holder
sept 30 2002
>>>>>
Further, if action is not taken by
LAW, as stated above, we will be forced to send a copy of this notification by
registered mail and file an amendment including ADDR.COM in our Federal Case.
We would HIGHLY appreciate the
handling of this request in the manner proscribed by law..
Thank You
RJ Rocky Scarfone
Copyright Holder
This is the page: http://www.designsforministry.com
" VISIT SOME OF OUR DESIGNEDWEB SITES The
Assemblies Of God National Evangelists WebSite 24-Page Web Site (Shop)
http://evangelists.ag.orgInspirational Quiet Stones 18-Page Web Site
(Shop)www.quietstones.com Pulse... " Give
us a call at 1-800-583-0238, fill out our online contact form,
or send an e-mail for more information,
and we'll help you get your message out to the world!
I bet you will Lawrence! What have you to say
about this page? Still think what you are doing is Christian? We have advised the
Hosting Company of this fraud and their ability to be added to the complaint. We will not
publish their name until we hear what they are going to do about this. They could be held
negligent to fraud, if not copyright infrinfgement .. stay tuned, 4 years and battling!
**********************88
Got another one for you. http://www.ADDR.COM has decided, AFTER we
advised them of the Fraud or Tom Papania and Copyright infringement, to keep the new Tom
Papania web site up and running. We will be filing an amended complaint adding addr.com as
soon as we can ro our Federal Complaint. Take a LOOK at the notice
we sent to them Great Tom Papania
Rip-Off and Fraudand, by the way, we also CALLED them.
Pastor Peter & Debbie Leal
Now, these folk have been advised yet continue to host a
FALSE and MISLEADING Bio on Tom, while promoting the:
Victory Bible Institute located at: Victory Tabernacle Church , 191 Meriden Rd.
(RT66) , Middlefield, CT 06457 http://www.victorytabernacle.org/
http://www.victorytabernacle.org/papania.htm
To whom it may concern:
Recently we discovered that addr is hosting a web site
titled: tompapania.org. This web site promotes the sale of video and audio tapes that are
the foundation of a federal law action. In this Law Action, Tom Papania is accused of
fraud, copyright infringement and violations of the Lanham Act.
Basically, Tom Papania is the primary defendant in
this ongoing Federal Action concerning Fraud, Copyright Infringement and violations of the
Lanham Act in the Northern Federal District of Georgia. Tom Papania and Gods Saving Grace
Ministries are accused of utilizing full paragraphs from a copyright manuscript and
book written in 1986 by another party as filler in a "testimony" that has been
sold in the form of video and audio tapes .
Further, Tom is accused of "making up" the
balance of this "testimony" and proof has been revealed that this
"testimony" is but a fabrication. This fabrication has earned Tom and others
millions of dollars.
As of July 2001, we await a trial date. Since the inception
of our law action, 100 web sites have either been closed through our court efforts or
have voluntarily closed. Of those whom were closed through court action and/or
settlement , CBN. Pat Robertson, Focus On The Family and Dr. James Dobson were of
large media corporations.
In addition, we have produced undeniable proof of fraud and
have made that which is now public record available for the public at http://tompapania.com.
On this web site, there are Video and Audio files of CNBC
interviewing Tom on Feb 15, 2001, where Tom's "testimony" is proven to be
untrue. Further, we have provided court room testimony that also demonstrates that this
story being sold is a lie.
As for the copyright act, we have placed excerpts of the
Manuscript and Book [father figure/house of cards] that was written in 1986 along side
excerpts of Tom's present day testimony, demonstrating the facts of our allegations.
Further, it is our concern and belief that those whom
host web pages that advertise Tom Papania and/or Tom Papania's video and audio tapes, or
merely and simply promote Tom are in fact assisting Tom is the furtherance of his
predication upon unsuspecting Americans.
It is our concern that a violation of the Lanham Act is
definitively being produced whether through knowledge or not. For the mere fact that this
site is up and running and offering Tom's services as a speaker denies the rightful
pursuit of income and creates a recognition dilemma; a "confusion" of facts and
individuals and stories.
The copyright act protects the writer of a book and/or
other expressive works against others using said EXPRESSIVE material that is UNIQUE
to the artist, while the Lanham Act protects individuals and/or companies
whose NAME and PRODUCT/SYSTEM/SERVICE can be readily recognized by the public by said
individuals name or mark or product/service/system combined.
When an individual/company/person utilizes another
individuals name and or mark for personal profit, and, as such, causes CONFUSION in
the MARKET PLACE leading to a GAIN in INCOME GENERATED BY SAID CONFUSION, causing the
OWNER of said MARK or RECOGNITION to lose, they are guilty of violating the Lanham
Act.
The offering of SPEAKING engagments where Tom Papania
offers his "Testimony" of In Search Of A Father Figure, the same that is
also marketed as "From The Mafia To The Ministry", the same that is currently
being marketed as "Tom Papania's Testimony" , the same that contains vast
amounts of ORIGINAL expressive ideas set down in the copyright manuscript TITLED Father
Figure, and the book "House Of Cards", has caused, and CONTINUES to
cause CONFUSION in the market place. In fact, it was and is this very CONFUSION that
revealed the facts of Tom's theft and fraud in the first place!
We have steadfast maintained through our petitions and
complaints to the US Federal Court, Northern District Of Georgia,
that violations of the Copyright Act, the Lanham Act and Fraud are being
perpetrated by and through the sale and/or promotion of Tom and his
Video/Audio Tapes AND/OR the offer of speaking engagements, and that the use of
INDIVIDUALS holding HIGH POSITION in the PUBLIC DOMAIN, both Christian and NOT , and that
of the USE of MEDIUMS such as [#1] WEB SITES, are the very means to Tom's end, that
of profitting from his theft and fraud at the expense of not only the writer of the
copyright works Tom utilized, but that of the Public at large!
I desire to make you aware that ANY Promotion of Tom
and/or his Tapes, Videos and Speaking Engagements as stated above, is a direct
cause of our loss, and that this fact must, and can only be accomplished, by and/or
through an advertising medium, the greatest, The World Wide Web. The Company and/or
Organization that charges a fee for web space, or offers these services freely, must be
held accountable when NOTIFIED that the user of these services are PERPETRATING a FRAUD
and Violations Of US LAW!
Though it is virtually impossible to halt these acts when
conducted through word of mouth by unsuspecting individuals whom are unaware of this gross
fraud, the remedy that has met with success is and has been and will be to
seek the closure and abatement of said attempts by and through Hosting Companies and
Advertising Media first by request, and, if this fails, by and through the court system.
We do not desire to cause harm and are aware that you may
believe that yours holds no responsibility to halt this action, yours may believe
that the web site and the content therein is not of your responsibility either, but
allow me the opportunity to provide fair warning, it is our most grievous hurt to inform
you once more that in addition to copyright and LANHAM violations, this web site is
promoting FRAUD.
Fraud is entirely an unique situation when your
responsibility is measured, for these Tapes and Videos are an act of total fraud. They are
being sold to those whom have desire for an act of GOD, a FAVOR, a PROOF that God Exists..
And those that buy these item do so BECAUSE TOM SAYS IT IS A TRUE STORY.. when the person
buys these tapes and videos, they are uplifted by such the story Tom created, and then?
Well, they find out the story is a lie.. and more than that, that he is accused of
stealing much of the story...
TRUTH IN ADVERTISING, you are aware of there are laws that
PROTECT the CONSUMER, and if you are PROFITING from a web site, one, may I say, that is
used for ONE purpose ONLY, that to make as much cash as the user can receive through the
continuence of this violation of US LAW, then you must see how yours could be said to be
enjoined with the perpetrater? For you have been made aware of the facts, offered a URL to
reviw the facts and allegations, and have a case number for the Federal Civil Action that
creates a factual basis to our complaint.
Just think of the $12,000,000 verdict given to those whom
were faxed offers for LEGITIMATE services from Hooters!
I am sending you a link to a web site that is extremely
viewed and studies: http://tompapania.com
This web site has all the information one could use to
understand and see this fraud. I assure you of this, we are adamant concerning the
closure of this web site. We do not request that you believe our allegations, or those of
just about EVERY MAJOR organization that once promoted Tom, but that you understand we
will be forced to seek remedy as fast as we can possibly do so to protect our interests
based on Common US Law and the Acts and Laws that are enjoined.
We request that you honor the Law and the Rights of America
and her citizens. We ask that you simply remove the site until the end of our court
action.
|
.. Death . 
mind. Revenge was the traffic cop... He would get
revenge. They had stolen his mothers happiness; thrust them into a world of sorrow and
depravity ended their lives before they began! “The Family”, “This
Thing of Ours”, it had become a ravaging beast bent upon total destruction. It left
orphans of society in it’s quest for life. For a mere child of the storm, it was he
whom was left to pick up the pieces. Would he ever? Would he truly become the man whom
revenged the dishonor and sorrow that was placed upon his family with abstract, total
disregard to the repercussions of this disastrous act of continuing greed? The
heroes of the theater spoke up as one... You will prevail! But, what of Sparticus? What of
all those heroes whom battled injustice only to die a glorious death in the end! Was he
ready for that? Like Charleston Heston in Ben Hur, would he return for the ending the hero
whom rescued his family with the assistance of GOD? “Oh, God, where art thou now?
Come to me and deliver your power to defeat mine enemies -- they abound like a plague of
locust. Send to them a shower of fire and ice! The death of the first born has occurred!
Please, let my people go! This trial and tribulation has desecrated my soul, my Knight in
Shining Armor is gone. Will you to take up my cause...” Was
God going
roost. Her love of the "Night Life" and "Mobsters"
allowed her to forget about her only child.. leaving Jeanette to grow up alone; to wonder
all her life what happened to Her Father.. who, one day, also, simply vanished... 
Joe’s father never truly got over the fact
that his oldest son had a deformity. But Jesus provided Joe with the power to love his
father. He never held his father’s treatment against him, just prayed that they would
someday come together. When his father was taken from him, all sorts of thoughts went
through his head; did God take him because of his treatment? Had his prayers caused his
demise? The questions were overwhelming. How did he die! He felt that he had been privy to
his demise. Did he not ask God to convince father that he was “normal? Did he not ask
Jesus to come down and be his father? His father was taken from him just as he was
beginning to be his proud son. What were the facts? These questions allowed a powerful,
purposeful, planned battle to develop with in his mind... though crippled at birth, would
he rise and save the family? Would he become like those of his ancestors.. and visit death
at an early age.. leaving the woman to suffer as all before.. He was now 8 and faced with
the responsibility of manhood... 