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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA

Newton Laboratories Inc
American Academy Of Clinical Homeopathy
And Lucas Maria Edwards Chaltin

PLAINTIFF CIVIL ACTION # 03-CV-2449N

Louis E Debroux Jr d/b/a Lou Debrou
Robert Scott Bell d/b/a Vardan Biologique Resource Group
CO.Trust d/b/a Natural Health Foundation, Inc
Rocky Scarfone Individually
and D/B/A Natural Health Foundation , Inc
Miki Bell
DEFENDANTS

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Defendants Answer To Plantiffs Complaint et al in
the above styled case and Counter Claim, and Complaint For Damages

Now come the Defendant Rocky Scarfone in the above styled case and, for their Answer To Complaint, et. al. and Counter Claim, and Complaint For Damages, answers the Plaintiff’s Action as follows:

(NOTE: Defendant/’s in this Answer and Counter Claim shall mean Rocky Scarfone et al, unless stipulated and written as “Other Defendants / Co-Defendants ” or “Remaining Defendants” )

Answer To Jurisdiction And Venue

Defendant resides and conducts affairs, services and business at 1426 Web Gin House Rd, in the City Of Lawrenceville, County of Gwinnett, and State Of Georgia.

The Action by Plaintiff’s was filed in Rockdale County. Defendant argued to the Honorable Justice Nations, that, because none of the Defendants resided in Rockdale County, the action had been filed wrongly, and, with no claim against Defendant and Other Defendants as to a Quit Claim Deed or Power Of Attorney against any real property of Plaintiffs, and because none of the Defendants resided in Rockdale County, the Action and Complaint, as outlined below, was filed illegally with fraudulent intent to deny the Defendant his Civil Rights.

Answer To Complaint For Declaratory Judgment et al

“Fraudulent Quit Claim Deed, to determined ownership of real property, to declare power of attorney null and void, to cancel illegal stock transfers …”

In Plaintiff’s Complaint, Emergency Motion, and Exhibit, a Document purported to be a Quit Claim Deed or other object that would allow Defendant Rocky Scarfone the ability to take Real Property from the Plaintiff’s. Rocky Scarfone was not and is not a part or portion of said document which, on November 4, 2003, in the Superior Court Of Rockdale County, upon inspection by the Honorable Jurist Judge Nations, it was discovered said Document was not a Quit Claim Deed, nor did/does it transfer or allow the transfer of any Real Property from Plaintiff to Defendant, or any of the Other Defendants; and in fact, the Document was in the Benefit of Plaintiff’s, and admonished said Council For Plaintiff’s filing the above Action in Rockdale County. Further. Plaintiff’s Council and Attorney of Record admitted that the document was not a Quit Claim Deed or that it could be used as one. ( Plaintiff’s Complaint Exhibit # 6 ) And:

Plaintiff filed in Plaintiff’s Complaint, Emergency Motion, and Exhibit, an issue of Power Of Attorney, and a Claim that Defendant (and Other Defendants) would be able to use and would continue to use said Power of Attorney to, with Fraud, Conspiracy and Conversion, steal Plaintiffs Property. On November 4, 2003, in Rockdale County Superior Court, before and under the Honorable Judge Nations questions, the Plaintiff’s Attorney, J.M. Raffauf acknowledged that he had canceled and revoked said Power Of Attorney. The Plaintiff’s have not, and cannot, show or claim Defendant to be a part nor portion of any of the allegations and claims of Quit Claim Deeds, Power Of Attorney, Real Property, or Illegal or Legal Stock Transfers as set forth in the Above Action. laintiff added Defendant to these claims for relief as Punishment and Retribution for Publishing a well researched and first amendment protected article online. And:

Plaintiff has additionally filed for:

“…emergency, temporary and permanent injunctive relief to stop the looting and pilfering of Plaintiffs assets by Defendants.”

As stated herein, the Defendant has/had no means, ability or way to Loot or Pilfer Plaintiffs as stated above, either before this complaint or after the same. Plaintiff did not enter any Statement, Document or Proof of any that would add credence to above request. Plaintiff added Defendant to these claims for relief as Punishment and Retribution for publishing a well-researched and first amendment protected article online. (Plaintiff’s Complaint Exhibit 7)

The Defendant will answer the following claims and requests:

“several Tort violations, seeks compensatory and punitive damages and other relief”.

There are Claims and Statements in the Plaintiff’s Complaint directly concerning the Defendant Rocky Scarfone. Each placed in an order and way to mislead this Honorable Court. It is the Defendants belief and contention, with absolute Proof Of Fact, that the reason and cause of Defendant's addition to an Action where Defendant is not a "Newton Family Member In A Stock and Property Dispute”, was, and is, Punishment and Retribution for Publishing a well researched and first amendment protected article online. (Plaintiff’s Complaint Exhibit 7)

Answer By Defendant To Statement Of Fact By Plaintiffs

The first claim made by Plaintiff is that the Defendant operates, conducts business as, and is a member of Natural Health Foundation, Inc.
(Claim 1) Plaintiff COMPLAINT et al, page 3 , venue jurisdiction, # 8

“That defendant is d/b/a as Natural Health Foundation, Inc. …which Defendant transacts business…”

The Defendant was/is not a party, partner, member, officer, advisor or board member of same; has never conducted business under, with, or as Natural Health Foundation, Inc. Defendant has never received, transferred or collected any funds involving said corporation from anyone for anything, including Plaintiff, and has never received any funds for work or services for said corporation. Defendant was and is the registered agent acting as mailbox for the corporation. Defendant did Purchase a Domain Name NaturalHealthFoundation.Org for PLAINTIFF’s and built a Newton Laboratories Shopping Cart Web Site for Plaintiff’s.
(EXHIBITS # 1, 21, and http://naturalhealthfoundation.org)

In the Statement Of Facts, Page 5, #15, of Plaintiff’s complaint, Plaintiff alleges Robert Scott Bell collected monies using this Corporation. The Defendant was NOT privy to Natural Health Foundation, Inc, other than acting as a mail box that did not receive any mail accept requests for 15.00 State Fees every year. The Defendants is aware of NaturalHealthFoundation.Org, because it is connected to the Services provided Plaintiff’s by Defendant; and was created By Plaintiff’s and was used by Plaintiffs as follows:

1) Plaintiff’s were aware of the fact that the domain was set up in Robert’s name and that it was originally setup to provided as an Online Presence for Plaintiff’s to sell Newton Laboratories Products so as to not compete with Plaintiff’s Retail Clients:
( excerpt from exhibit 7 : “The main cart should be set up on Robert’s ministry using one of the names and housed on a sub-domain, with links on Newton…”)

2) All Product Purchase Orders went to Mary Smith of Newton Labs (Newton Laboratories Inc). In addition, the Defendant updated this Med Shop and the “trial” one placed at NewtonLabs as Contracted Web Master and Service Provider for Plaintiff’s.
(exhibit 10)

3) To allow Defendant Robert Scott Bell to receive payment for his conducting Radio Shows, Seminars and Trainings for Plaintiffs, Newton Laboratories and the AACH. (Exhibit 25)

4) These Seminars and Trainings were well advertised as to who would conduct the Seminars and Trainings, the local ones included Luc Chaltin until June of 2002, and Vice President Bell. (Exhibit 25)

5) and the SUBJECT of said Trainings and Seminars and Place and Venue of same were advertised by the Plaintiff’s sending the Defendant Rocky Scarfone, as Contracted Web Master and Service Provider for Plaintiff’s, the notices to publish, of which many exists today at http://homeopathicbookstore.com/html. (Exhibit 10, 25, )

The Defendant answers to the above Claim with a Claim that this is one of many in a series of False and Fraudulent Statements in an attempt to illegally and fraudulently Claim Racketeering and Collusion by Defendant and Robert Scott Bell and Lou Debroux. Yet Defendant met Defendant Lou Debroux only one time concerning a web page to advertise Lou Debroux’ Legal Research Business. Lou Debroux stated that he did not offer legal assistance or provide advice, he merely researched Law and then stated that Luc Chaltin used his research, and personally purchased a home for Lou Debroux to live in. Defendant did not perform the work.. And:

The defendant never had any relationship to/with Miki Bell outside meeting her several times.
(Counter Claim 33)

The next claim is that Defendant received 19,000.00 illegally from Robert Scott Bell.

(Claim 2) Plaintiff Complaint page 6, Statement Of Facts,
17: “That “defendant was paid 19,000 by Newton at the direction of Robert Scott Bell for such alleged service such as web site developer",

In the Plaintiff’s Complaint, Statement Of Facts, page 5, #14, Plaintiff admits that Robert Scott Bell was, in fact, Director of Marketing and Sales from 1993 to 2003. Plaintiff Luc Chaltin introduced Robert Scott Bell as Vice President when Defendant met Plaintiff Luc Chaltin on or about March of 2000, as explained in Counter Claim #34 35, 36. Robert Scott Bell was in charge of the web sites, the most important group of tools for the Marketing and Sales of Newton Laboratories. Plaintiff allowed, and authorized his AGENTS Robert Scott Bell, Mary Smith and Dana Garcia to order computers, computer repairs, updates and new services and receive billing for the same. ( Exhibit 4,5, 6,9,10)

Plaintiff Luc Chaltin personally, and through his Agents, ORDERED these Hosting Accounts from March of 2000 to August of of 2001, which should have totaled 249.00 per month, not the 84.00 charged the Plaintiff’s;

1) 03/2000 one main Platinum Account for Newtonlabs.net at 39.00 per month;

2) 02) 07/24/2000 a Titanium account for homeopathicbookstore.com at 50.00 per month;

3) 10/24/2000 a Platinum account for RadioHomeopathy.com at 22.00 per month.

4) 11/04/2000 a Platinum account for NaturalHealthFoundation.org at 39.95 per month

5) 01/15/2000 a Corporate Account for JumpStartYourHealth.com at 99.00 per month

Additionally, Plaintiff’s Exhibit 5, which shows the billing paid by Plaintiffs, demonstrates Defendant billed an average of $84.00 for hosting and/or $433.00 for maintenance and updates to the sites from March 200 to July 2003, either in single checks or combined into $517.53.. (Exhibit 3)

Further, the PROOF OF EXHIBIT 5 supplied by Plaintiffs and PROOF OF EXHIBIT # 3 of DEFENDANT show that in July of 2000, Plaintiff requested an agreement and contract to update and manage ONE WEBSITE (newtonlabs.net) for 100.00 per week, which was billed at 433.00 per month from July 2000 to December 2001. (Exhibit 3)

Between March and December of 2001, Plaintiffs added more Hosting Accounts for their Internet Radio and shopping needs. This increased their HOSTING BILL every three months to $253.53. (Exhibit 9)

In December of 2001, Plaintiff’s requested that Defendant divide the 252.53 three month into single monthly fees of app: $84.00 per month and add it to the Maintenance of 433.00 per month into one 517.53 fee every month. (Defendants Exhibit 5,6, 11, 9,16, 17)

Additionally, all billing was for a monthly set fee advertised at http://youthofamerica.net for 5 years with the few acceptations listed below,:

1. In Plaintiff’s Exhibit 5, on 2/1/2001 check #3409 for $1200.00 was paid to Defendant and youth in his at risk youth program (Counter Claim #34 –36) to input the entire database of over 1500 names, address and other information, of Newton Laboratories Retail Clients, into their Search Engine, (Exhibit 24) AND;

2. In Plaintiff’s Exhibit 5, on 2/7/1/2001 check #4107 for $186.45 was paid for domain name renewals (Exhibit 4). AND;

3. In Plaintiff’s Exhibit 5, 06/27/2001 check # 3895 for 200.00 and 11/5/2001 check # 4398 for $850.00 and 1/7/2002 check# 4607 for $737.00, all listed as COMPUTER related, were for two computers and computer hardware and services provided by Defendant, the same Computers and Hardware the Plaintiff is requesting back from Robert Scott Bell in Plaintiff’s Exhibit 11 --the same computers that were recently repaired and not paid for. In fact, the Plaintiff’s, wrote one of the checks as Video Production, rather than a purchase of equipment. The Defendant has never performed any video production for the Plaintiff’s and charged a separate fee for the same.
(Exhibit 20)

Defendant Robert Scott Bell ordered one Corporate Account at 99.00 per month for JumpStartYourHealth.com when the Newton Radio Shows with Luc Chaltin AND Robert Scott Bell began to increase in size; this account was never paid for, even though it used and it used over 4000 gigs ($4000.00) of data transfer for Plaintiff Luc Chaltin’s Jump Start Your Health Radio Show, (Exhibit 13, 18, 22) AND;

On October 8, 2001, Newton Labs Inc, through Betty Launiere, sent a letter by US Postal Service to Defendant’s wife, demonstrating that she approved and confirmed an additional Web Site for PLAINTIFF’s and OTHER DEFENDANTS Radio Show, “Web Radio #2” , communicating directly with the Defendant, she wrote the following fact: (Exhibit 9) “ Who knows what we will be doing in January, I would not be surprised to see more additions to the services you all provide.” AND;

Ed Solomon, the accountant for Newton Labs, listed the Defendant as a 1099 Sub-Contractor for that the Year 2001 for a total billing of $10,000, which included fees now stated to have been stolen, as if he were a SUB-CONTRACTOR EMPLOYED by Newton Laboratories rather than the Independent Service Provider he was. Defendant wrote to have Bookkeeper Betty Launiere change this status, and she had it changed ( Exhibit 5 )

(Claim 3) Plaintiff Complaint page 13, COUNT 7, Fraud And Conversion # 37

37: ”…Defendant Rocky Scarfone [has] defrauded the Plaintiff and converted the assets of Plaintiff by filing false billing for for services not rendered …”

38: Defendant Rocky Scarfone was paid from NEWTON funds, at the direction of Defendant ROBERT SCOTT BELL, over 19,000 for alleged services”

The Plaintiff never accused Defendant Robert Scott Bell of illegally paying any funds to Defendant. Further, Plaintiff’s authorized Staff, Robert Scott Bell, Mary Smith, Betty Launiere and Dana Garcia sold products, advertised and requested updates on the following sites from March of 2000 through July 2003; and that they are online today, the billing in Plaintiff’s Complaint Exhibit 5 was for the same:

1) First site built in March/April of 2000 for $5000.00: http://homeopathicbookstore.com/index4.html (exhibit 2,11)

2) Newton Labs Members Only Portal, over 1000 files, Defendant Built this site for FREE and then Updated the same every week until July of 2003: http://homeopathicbookstore.com/html/ (exhibit 10, 11,)

3) Hand Entering over 1500 names addresses and phone numbers into Search Engine that was requested and billed on Plaintiff’s Exhibit 5, CHECK#3409 on 02/01/2001 for $1200.00: http://www.homeopathicbookstore.com/nhsl.htm, (exhibit 24)

4) Newton Labs Book Store FREELY Built and Maintained and Updated until July 2003 : http://homeopathicbookstore.com/book2.htm (exhibit 11 )

5) Defendant maintained this Luc Chaltin and Robert Scott Bell Radio Broadcasting Sites with over 150 2 to 3 hour radio shows, with encoding and set up every week by until August 1, 2003: http://radiohomeopathy.com (exhibit 18)

6) This New Radio Web Site Built, Promoted, Advertised and was updated by Defendant until 2003 was never paid for: http://jumpstartyourhealth.com ( exhibit 18)

7) Newton Labs Med Shop, built at a cost of 3500.00, Defendant returned 1200.00 because he finished the job quicker than thought and maintained w/UPDATES until July 2003: http://naturalhealthfoundation.org and http://homeopathyexposed.com/Med_Shop/
(exhibit 7)

8) The only other billing were Domain Names clearly stated in Exhibit 5, and Computer charges for building two (2) computers with Plaintiff’s Exhibit 5, CHECK # 4398 11/05/2001 850.00 and CHECK # 4607 1/7/2002 737.00. (Exhibits 2, 6, 11)

5 ) Plaintiff Complaint, page 7, Statement Of Facts, #21

“On or about July 29, 2003, Defendant Rocky Scarfone sent an email threatening to publish a derogatory article about Newton: on or about August 4, 2003 began posting of the offending material on the NewtonRX website and EznewsTV.”

Defendant Rocky Scarfone did in fact send the e mail, but it was not sent as a threatening e mail, it was not Blackmail, it did not threaten to do anything but request comment before placing AN EDITED VERSION of the email article version online. EznewsTV is and has been a legitimate news organization for 5 years. The NewtonRx domain name, as well as 15 others, no longer belonged to Plaintiff, they belonged to Defendant.

6) Plaintiff Complaint, page 13, COUNT 8, Tort Claims, #40/41

By Posting the false, libelous, slanderous material…”

The Defendant Rocky Scarfone points to the Plaintiff’s Exhibit # 7, while not a copy of the Article posted at http://eznewstv.com with attached pages, it provides the basic facts as answered to herein. The article states, in the writer’s opinion, facts of important and public discussion. And, in fact, posts information that had been since revealed as true in the Plaintiff’s own Complaint. Defendant Rocky Scarfone admits to being the sole researcher, writer and poster of the not-to-friendly article concerning Plaintiff’s Company, Luc Chaltin and Robert Scott Bell, additionally, None of the OTHER DEFENDANTS had anything to do with the article besides being FEATURED in same. AND;

The Claim of Slander based on an article that includes Plaintiff’s AND all the Other Defendants, must be filed and tried in a separate issue and Complaint. Plaintiffs and Plaintiff’s Attorney, J.M. Raffauf, deliberately and Fraudulently placed the Defendant as a party to their COMPLAINT in order to punish Defendant for his publishing of said article critical to Plaintiff’s and Other Defendants, and to deny him the right to a Fair Trial concerning the same.

Conclusion

Whether it is Robert Scott Bell, agent for the Plaintiff, or the web sites where this Honorable Court’s very Codes exist, everyone pays fees. The charges Plaintiffs are stating of falsely billing for services not received are the ONLY fees the Defendant Charged for services such as HOSTING FEES and MAINTENANCE fees. And, there are several checks written that were for DOMAIN NAME UPDATES and COMPUTER BUILDING AND REPAIR. In fact, both computers listed in Plaintiff’s Complaint, EXHIBIT 11, that Plaintiff is requesting back from Defendant Robert Scott Bell, were built by the Defendant at cost. These fees are standard worldwide. The Plaintiff received services and he must pay them, regardless of who was authorized or ordered them if in fact they were AUTHORIZED to do so, and Robert Scott Bell was the DIRECTOR OF MARKETING AND SALES, BETTY LAUNIERE WAS THE PLAINTIFF’s BOOKKEEPER, MARY SMITH WAS AND IS EMPLOYED TODAY BY PLAINTIFFS, AND, ED SOLOMON WAS THE ACCOUNTANT FOR PLAINTIFF.

Further, and as a fact, they, the Plaintiffs, USED the sites without complaint for three (3) and a half (1/2) years, and ordered updates to the same under the agreement and requests presented this Honorable Court up and until July 2003. It was Plaintiff Luc Chaltin who authorized all Large Initial Works between April of 2000 and August of 2001, and HE authorized Robert Scott Bell to request the Jump Start Your Health and Radio Homeopathy Sites and the Bandwidth, after all, it was and is Luc Chaltin conducting half of the radio shows, and the shows promoted Newton Laboratories and the American Academy of Clinical Homeopathy, and he ordered the maintenance fees. This Action and Complaint should have never contained the Defendant Rocky Scarfone as clearly and irrevocably set forth in the Answer to Plaintiff’s Complaint above and the Counter Claim following.

All paragraphs herein of this Answer To Complaint are hereby incorporated into the Defendants Counter Claim and Various Counts and vice/versa. Additionally, all motions, briefs accepted into record by this Honorable Court, Including Defendants Motion To Dismiss and/or Sever, Motion To Add Third Party, and others filed by Defendant, are to be incorporated into Defendants Answer and Counter Claim.

DEFENDANTS COUNTER COMPLAINT and CLAIM

Venue and Jurisdiction

Now come the Defendant Rocky Scarfone and against the following Parties :

Defendant Robert Scott Bell is a resident of DeKalb County, Ga and resides at 562 Brush Hollow Court, Stone Mountain, DeKalb, Georgia 30087

Miki Bell is a resident of Newton County Georgia and resides at 105 Burdell Drive, Covington, Newton County, GA 30016.

Luc Chaltin (Luc Chaltin) is resident of Rockdale County Georgia, and resides at 612 Upland Trail, Conyers, GA 30012, Rockdale County.

J.M. Rafauff a resident of Fulton or Cobb County Georgia , and resides 1575 Oakwood Dr, Roswell Georgia.

NEWTON LABORATORIES, INC (NEWTON) is a Georgia Corporation with its registered agent being Lue Chaltin (Luc Chaltin) and its principle place of business at 2360 rockaway industrial blvd, Rockdale County Georgia, 30012.

AMERICAN ACADEMY OF CLINICAL HOMEOPATHY (AACH) is a Georgia Corporation with its principle place of business at 2360 rockaway industrial blvd, Rockdale County Georgia, AND it’s REGISTERED AGENT being Luc Chaltin 612 UPLAND TRAIL, CONYERS, GA 30012, Rockdale County.

Defendant Miki Bell is a resident of Newton County Georgia and resides at 105 Burdell Drive, Covington, Newton County, GA 30016.

Enters This Counter Complaint and Claims:

1) For Making False Statements and Misrepresentation of a material fact and statement, for denying Defendants Civil Rights, for denying his Due Process rights in an action of failure to pay for contractual obligations owed Defendant - O.C.G.A. 51-6-1; 11-2-607; 23-2-52; 11-2-721; 51-6-1; 23-2-52;

2) For Fraudulent, intentional Libel - Georgia Constitution, Bill Of Rights, Article One, Section L, Para VI; O.C.G.A 11-2-721; 51-6-1 23-2-52;

3) For Fraudulent, intentional violation of Defendants Freedom Of Speech And Press -Constitution Of Georgia Bill Of Rights, Article One Section L, Para V, 5; O.C.G.A 11-2-721; 51-6-1 and 51-6-2 (a); 23-2-52;

4) For Fraudulent, intentional failure to pay for contractual obligations and Services and For Fraudulent Breach Of Contract, Grant Defendant declaratory judgment that the Plaintiff breached Defendant’s statutory and contractual Rights pursuant to O.C.G.A. 44-7-13 and 14 and a breach of contract as defined pursuant to O.C.G.A. 11-2-210; 11-2-607; 11-2-721; 51-6-1; 23-2-52;

5) For Fraudulent Misjoinder of Defendant to Plaintiff’s Complaint. O.C.G.A. 9-11-21; O.C.G.A 11-2-721; O.C.G.A 51-6-1; O.C.G.A 23-2-52;

6) For Fraudulently filing in Rockdale County to Prejudice and Deny defendants Civil Rights. O.C.G.A 9-10-30 (1) (2) (3); 11-2-721; 51-6-1; 23-2-52

7) And Complaint For Damages.

Statement Of Facts

Upon simple examination of CIVIL ACTION # 03-CV-2449N, filed by Plaintiff’s, one discovers a poorly written, all including, Stock Holder dispute over Property and Corporate Assets and Ownership of same, with Documents that are Misleading, and in some cases, wrongly added. All subjects involved, except Defendant Rocky Scarfone, are either on one side or the other, or support one or the other, or live in homes purchased directly by Luc Chaltin. The Defendant never socialized with any of the Other Defendants / Co-Defendants outside of the scope of direct Internet business relating to Web Pages and Services. And billed only for services received as an INDEPENDENT SERVICE PROVIDER and not as a sub-contracted agent. The only outside, personal business with Robert Scott Bell was his joining http://studioamerica.net where members may sell web sites and services, but he never participated. This Action and Complaint should have never contained the Defendant Rocky Scarfone. Further, the Claim of Libel concerns an article critical of BOTH the Plaintiffs and the Other Defendants and should not have been added to the Plaintiff’s Complaint due to the fact that the Complaint prejudiced the Civil Rights of the Defendant. Defendant was added in a fraudulent and misleading way, as clearly and irrevocably set forth in the Answer to Plaintiff’s Complaint above and the Counter Claim herein.

In the year 1994, Defendant, whose past was checkered with trial and tribulation, changed his life and began a Christian Youth Ministry to assist youth at risk, paying all expenses from his own pocket and that of his wife

By 1996, the Ministry was named Lighthouse Sanctuary Youth Foundation, and the Defendant’s Award Winning book, House Of Cards, which told of the fact of Defendants past of trial and tribulation, and signed by many leading public and religious figures, was published. From the proceeds, he paid for the transportation, housing, food, clothing and all expenses to bring young gang members and such from locations around the country. (Exhibit 27)

From May of 1997 thru March of 1998, the Defendant “put together” a program that would further defray the costs of doing the works as described above. Titled YouthOfAmerica. The program eventually involved Internet and Computer Technology and provided TOOLS he needed to teach said At-Risk-Youth. The program won over 40 awards and was even responsible for President Clinton asking the Department of Housing and Renewal to assist the Defendant in securing a building for the program. (Exhibit 15, 19, http://youthofamerica.com. )

On or about March of 2000, Defendant was introduced to Luc Chaltin by Loganville Full Gospel Business Fellowship Director Bill Bacon in regards to his at-risk-youth program and how he could help some kids while saving money on his new website. Luc Chaltin introduced Miki Bell, Robert Scott Bell, Mary Smith and Betty Laniere as either Corporate Members, or integral, important staff members. Defendant agreed to provide a proposal for web work. (Exhibit 2)

Defendant built a demo site that was accepted by Luc Chaltin at following meeting with Luc Chaltin paying $5000.00 for the site NewtonLabs.Net with two checks of 2500.00 each. Defendant made a $250.00 donation to Bill Bacon for proving the introduction.

It was at this second meeting that Luc introduced Robert Scott Bell as Vice President and informed Defendant to send all Internet related information to Robert Scott Bell. Additionally, he introduced bookkeeper Betty Launiere, and stated she would handle the actual billing matters. Several additional requests for web sites and services were made during the year of 2000 to 2001 by Plaintiff’s, which were approved and known to and by Luc Chaltin. (Exhibit 2,5,6,7, 9, 11)

From April of 2000 to July of 2003 Defendant and his at-risk-youth provided a host of services, including a monthly contract for Managing and Being On Call 24/7 and hosting fees as stated in Answer To Complaint # 10 through 18 above. All payments were sent by check and supervised by Plaintiff’s Book Keeper and Accountant. Additionally, several FREE On Site Trainings for Newton Laboratories and Luc Chaltin, were initiated, performed and conducted FREELY, including one as late as May 2003; others were performed at the Defendants location of Residence and Operations in the County Of Gwinnett. (exhibit 11)

On or around October of 2000, Luc Chaltin began a Radio Show called Jump Start Your Health and Radio Homeopathy featuring both the Plaintiff Luc Chaltin and Defendant Robert Scott Bell. They required web space to store abnormally large 1-2-3 hour shows, extra bandwidth to allow people to listen and down load the shows. The Defendant was paid the fees for storage, but not the fees to encode the shows or the Bandwidth to offer them. Defendant provided all the services from 2000 to July of 2003. (exhibit 5, 9, 11, 18, 22)

In February of 2002, Defendants began complaining that the shows of Plaintiffs were taking on an extreme tone. By June of 2002, after Luc Chaltin was admitted to a hospital in intensive care, the Radio Programs and Web Site Updates concerning the Radio Programs had begun to offer GUESTS that were making statements the DEFENDANT thought and believed to be wrong. . Content stating that Aid’s did not exist, that it was that AIDS in Africa was untrue, that people were really dying of malnutrition and poor health quality, that SARS did not exist, and other stories and such were generating calls and content to Defendant, because he was listed as Contact, Web Provider and Web Master of the sites in question. Defendant notified Plaintiff’s in conversation and call that this was occurring and that, once more, the Defendant may have to cancel services if Plaintiff did not alter the direction they were taking. (Plaintiff’s Exhibit 7)

In late June of 2003, Plaintiff’s Agents called and requested an update to the Shopping Web Site. It was then that Defendant once more breeched the questions about the Content of the Radio Shows and Updates. In addition, Defendant requested payment for services such as the Re-Building of Jump Start Your Health.com and the Bandwidth for the shows. The Plaintiffs stated that Robert Bell no longer worked at Newton, and that they would not honor any work Robert Scott Bell ordered. They did not pay for $6300.00 in services ordered and owed. They did request an update and the Defendant did perform the update because they had paid the Service Fee of 433.00 for June. (Exhibit 10)

In the first week of July, the check for hosting and maintenance arrived. Yet, as stated in Defendants Terms Of Service and Acceptable Use policy advertised on all main pages page at http://www.youthofamerica.net/aup.htm and agreed to by Plaintiff’s when they initially signed up for services, canceled the web hosting and monthly updates and be-on-call agreement for the problems with content of the shows and failure to pay their bills, and requested that all monies owed be paid as soon as possible. Though Defendant could have canceled services, Defendant did not remove the sites and performed another update to the Shopping Carts (2) because, again, the Defendant had been paid for July. (Exhibit 28, 14)

During the month of July, Defendant conducted an investigation concerning the Plaintiff and the shows content and the Firing of Robert Scott Bell and put together an article and sent the first rough draft AND an email requesting comment from the Plaintiff at the END of the contractual Agreement. Plaintiff did not did not reply. Like many books and articles that have been written by individuals who stopped providing services to companies, organizations and individuals, Defendant published an article titled “Newton Labs Test Tube Shatters”. Concerning the safety of the public and opinionated by Christian beliefs of the Defendant, EznewsTV published it, a well-known and respected Online News Group the Defendant operates. The Defendant also informed the Plaintiff that regardless of the article, he would file a complaint for the monies owed him. (Exhibit 23) and (Plaintiff’s Complaint Exhibit 7 )

In August of 2003, when Defendant posted the article, Defendant received a letter from Robert Scott Bell, begging him to take the article down. Defendant felt a Christian sense of sorrow and fault at the firing of Robert Scott Bell. Defendant decided to not only remove said article, but also forgive the Plaintiffs of any debt. (Exhibit 12)

In October of 2003, Defendant received a phone call from a J.M Raffauf concerning said article. The phone call was one of a threat of a Law Suit even though Defendant informed Mr. Raffauf that the article was down. Defendant had argued that though the article was factual, and that Newton Laboratories owed monies, he had forgiven everyone and was going his own way. But the argument got so heated over a retraction for the article, with Raffauf threatening a BIG LAW SUIT that the Defendant hung up on Mr. Raffauf.

When shortly after, Mr. Raffauf sent a certified letter demanding a written retraction, Defendant CALLED the offices of Mr. Raffauf to plead his case that everything was over. His secretary answered the phone and Defendant asked to speak to Mr. Raffauf. She asked Defendant’s name, and then went off the line and came back and said: “Mr. Raffauf is not here.” The defendant was so mad, he actually said to her: “This is not for you. Tell Mr. Raffauf Fuck You.” And he repeated it again. It was a moment that he lost his temper. Yet he did not REPOST THE ARTICLE or file a claim against Newton Laboratories.

October 26, 2003, Defendant received a summons and complaint from Plaintiff filed in Rockdale County. It accused the Defendant in a conspiracy to defraud the Plaintiff. It enjoined the Defendant in an action with charges that were out right lies. The Defendant then reposted the Article to offer proof that the article was correct in its First Amendment Claims.

Defendant attempted to settle the issue three times AFTER the complaint was filed, and even provided a Rough Draft of this Answer and Counter Claim to Mary Smith, who sent it to Attorney, J.M. Raffauf.

Complaint For Damages

Defendant Claims that Plaintiff’s Attorney Of Record threatened by phone to add Defendant to a BIG LAW SUIT FOR Racketeering and Fraud if the Defendant did not issue a retraction of the article Defendant had posted online, then, acting in collusion, PLAINTIFF’s and their Attorney Of Record, J.M. Raffauf, falsely accused the Defendant of Fraud and Conversion by stating the Defendant billed for services PLAINTIFF’s did not receive, and by associating him with other serious, criminal charges that had nothing to do with Defendant, committing Fraud, Conversion, and Misrepresentation in statement.

Plaintiffs and the Attorney for Plaintiffs falsely accused Defendant of Transacting Business as Natural Health Foundation. (Exhibit 1, 7, 21, 25)

Plaintiff’s falsely accused Defendant of billing Plaintiff’s for work not performed, even though all billing went through a three-tier system to Agents for Plaintiff’s and was the same automated monthly billing and amounts for three (3) and a half (½) years, and all of the charges and fees were backed up by Web Sites and Correspondence and that the Plaintiffs had even advertised the services of Defendant to all their clients. (Exhibit 8, 9, 17, )

Plaintiff’s and Plaintiff’s Attorney Libeled and Slandered the Defendant by placing Defendant in Public Records in a serious action and Complaint that includes Statements and Accusations of a Sovereignty Movement with Exhibits of Anti-Government Literature in a time of Terrorism and War, along side Statements and Allegations of Criminal Activity though they were aware he was innocent and did not belong to said movement.

Plaintiff’s and Plaintiff’s Attorney prejudiced and committed fraud upon Defendant and this Honorable Court with Claims of Defendant using a revoked the Power Of Attorney and Quit Claim Deed that was not, in fact, in any way a Document allowing anyone to STEAL or claim the Plaintiff’s Real Property, or had anything to do with Defendant.

Knowing that the Defendant Rocky Scarfone operated a respected Christian Ministry and that none of the defendants resided in Rockdale County, and that there was no issue against the Real Property of the Plaintiff’s, the Plaintiff’s and their Attorney of Record, fraudulently filed Plaintiffs Exhibit 6, called a Quit Claim Deed, and claimed a Power Of Attorney existed that did not, so as to claim Jurisdiction and Venue in Rockdale County where the Honorable Justice Nations had presided over a case where said Justice had adjudicated one of the Other Defendants by name of Lou Debroux for a serious crime of attempted murder against a Judge and had ordered said Lou Debroux never to enter Rockdale County; knowing this, and knowing Defendant did not Know or Conduct Friendship or Business with Lou Debroux, intentionally added Defendant Rocky Scarfone to cast a serious shadow of Criminal Actions by way of association as punishment for publishing an Article claimed as free speech.

Plaintiff’s and their Attorney of Record knew Defendant Rock Scarfone had no relationship or knowledge of the corporate and/or personal family affairs of the Plaintiff or the Co-Defendants as otherwise stated throughout Defendants Answer and Counter Claim; that Defendant was not part not portion of Natural Health Foundation Inc other than a mail box; that he was not a party to the allegations or goings-on of titles, quick claims deeds, Power Of Attorney, Stock Transfers or any of the other allegations of Plaintiff or any of the events alleged to have occurred in Rockdale County. Yet, in a continuing act of misrepresentation, fraud and a denial of Defendants US and Georgia Constitutional Rights at Free Speech and Press and his right to fairly address his grievances in a Court Of Law, punished him for publishing the Article “Newton Test Tube Shatters” by simply adding him to their Complaint. (Plaintiffs Complaint Exhibit 7)

Plaintiff’s Attorney J.M. Raffauf was informed by way of Phone conversation with Defendant before the filing of Plaintiff’s Complaint to all facts of the billing and “article” “Newton Labs Test Tube Shatters” as stated in Defendants Answer to Complaint above. Plaintiff’s Attorney, J.M. Raffauf, knew Defendant attempted to settle the issue three times AFTER the complaint was filed. Plaintiff’s Attorney J.M. Raffauf was provided a Rough Draft of this Answer and Counter Claim. Yet J.M Raffauf STILL SENT a letter claiming that Defendant EMBEZZLED from Newton Laboratories on November 13, 2003.

The Defendant Claims, J.M. Raffauf, as an ATTORNEY OF LAW and member of this Court, being duly sworn and licensed in the State Of Georgia, was, and is, the ATTORNEY who should have checked the FACTS and not simply place Charges and Claims that are clearly without merit, let alone with fraud and misrepresentation to deny and punish Defendant for publishing the Article Newton Test Tube Shatters and to cause serious harm to Defendant’s Reputation.

Plaintiff’s, and Plaintiff’s Attorney, placed the Defendant in this Action to deny him his freedom of speech and press and his right to petition for grievances guaranteed by both the US Constitution and Bill Of Rights and the Georgia Constitution and Bill Of Rights.

In addition, the Plaintiff’s and their Attorney Of Record had read the Article Titled Newton Test Tube Shatters, and KNEW it to be about all members of Newton Laboratories. Including Defendant’s Robert Scott Bell and Miki Bell, yet fraudulently placed them as partners in the article (Plaintiff’s Complaint, Count 8, Tort Claims #40), thereby adding ammunition to the tainting of Defendant. Making it seem he was involved in some sort of conspiracy against plaintiff’s. (Plaintiff’s Exhibit 7 )

The Defendant further Claims that though there may be an issue of Diminished Capacity as concerning Luc Chaltin’s memory, the fact that he used an Attorney, and his staff, and a Power Of Attorney, Marjorie Roberts, in the filing of this action, he should still be liable to Defendants counter claim. (Plaintiff’s Exhibit 9)

Plaintiff’s Council Of Record, J.M. Raffauf, purposely and wrongly filed the Plaintiff’s Action and Complaint in Rockdale County Superior Court with intent to prejudice Defendants right to fair trial. Said Council and Attorney were aware that their Claims concerning Real Property of Plaintiff’s had no Legal Justification, and neither the Defendant Rocky Scarfone or the Other Defendants in this action resided in Rockdale County; and did so, due to the fact they were aware that Defendant Lou Debroux had been convicted of attempting to murder a Judge In Rockdale County and that he had been ordered never to return to Rockdale County by the Honorable Judge Nations, the same Honorable Judge that who presided over the initial hearing.

Robert Scott Bell and Miki Bell are stockholders of Newton Laboratories. They were aware of the contracts between Defendant and Plaintiffs and themselves. Robert Scott Bell, in his capacity of Sales and Marketing Manager, authorized the Jump Start Your Health rebuild. Thus the Issue and Counter Claim of Breach Of Contract are against Robert Scott Bell and Miki Bell personally as well as Stock Holder of Newton Laboratories.

COUNT 1

Breach Of Contract and Failure To Pay For Contractual Obligations

Plaintiff’s And Lucas Maria Edwards Chaltin, Defendant Robert Scott Bell and Miki Bell personally entered into oral and acted upon contract for three and a half years with Defendant Rocky Scarfone to Build, Design, Implement Web Sites and Services and build computers and service them and other related services, then failed to pay $6300.00 in services and fees.

COUNT 2

Fraud and Making False Statements and Misrepresentation of a Material Fact and Violation Of Right To Petition Government For Redress Of Grievances

To remove the Defendants right to address the Courts for grievances and due process without the stigma of false accusation and charges of Racketeering; to avoid paying $6300.00 in fees to stymie, taint and deny the right of Compliant against Plaintiff’s without the stigma of false accusation, to deny the right to file a Complaint against Plaintiff’s And Lucas Maria Edwards Chaltin personally, Plaintiff’s, and their Council, Fraudulently added the Defendant to an action claiming he owed 19,000.00 though Plaintiff’s were fully aware that this was untrue, and did so anyway.

COUNT 3

Tort Claim

Fraud and Making False Statements and Misrepresentation of a Material Fact and Violation Of Right To Petition Government For Redress Of Grievances and Violation to The Right Of Free Speech and Freedom Of The Press

In an act of Fraud, Misrepresentation, and a violation of Defendants Constitutional Rights Of Freedom of Speech and the Press, and his right to petition government for redress of grievances, on or about October 26, 2003, Newton Laboratories Inc, American Academy Of Clinical Homeopathy, And Lucas Maria Edwards Chaltin, and J.M Raffauf, included the Defendant in the Plaintiff’s Complaint as Punishment and Retribution for Publishing a well researched and first amendment protected article online,

COUNT 4

Plaintiff’s Newton Laboratories Inc, American Academy Of Clinical Homeopathy, And Lucas Maria Edwards Chaltin, Plaintiffs and Attorney Of Record For Plaintiff’s J.M Raffauf, by placing Defendant in Plaintiff’s Action and Complaint, and therefore Public Records, in a serious Action and Complaint of Statements and Accusations of a Sovereignty Movement, with Exhibits of Anti-Government Literature and Statements and Allegations of Criminal Activity, by providing as proof of Claims false documents and/or Documents that had no foundation in said Claim and Action, in purposefully and intentionally filing the said Action and Complaint in the wrong venue and jurisdiction in an illegal attempt to further the harm and accusations against Defendant by tainting Defendant in association with a Co-Defendant allegedly once charged and convicted for charges of attempted murder of a judge in same county, a Co-Defendant Defendant Rocky Scarfone only met once in his life at the time of this answer, did cause and continue to cause serious and irreparable harm to Defendant and his Ministry .

Complaint For Damages

Wherefore, Defendant respectfully asks for the Honorable Court for the following relief:

a. Defendant demands a separate from the other defendants jury trial on all issues;

b. Defendant demands the removal of Attorney J.M. Raffauf as Council for Plaintiffs;

Require that Plaintiff be personally present at each and every hearing and trial to be held by the Court and to be required to answer all inquiries by Plaintiff’s own mouth or hand;
Require Plaintiff, a male of above 80 (eighty) years of age to submit to a medical examination and psychological examination by neutral practitioner(s) to be appointed by the Court to determine Plaintiff’s competency to testify;
Require that Plaintiff’s attorney-in-fact, Marjorie Roberts, be personally present at each and every hearing and trial to be held by the Court and to be required to answer all inquiries by her own mouth or hand;
Require that Plaintiff’s "lawyer", J. M. Raffauf be personally present at each and every hearing to be held by the Court and to be required to answer all inquiries by his own mouth or hand;
Dismiss Plaintiff’s Complaint with Judgment on Counter Claim with all costs assessed against Plaintiffs or;
Sever Defendant from Plaintiff’s Complaint with Judgment on Counter Claim with all costs assessed against Plaintiff;
Enter a judgment in Defendant’s favor against Plaintiff;
Grant Defendant $6300.00 (Six thousand and Three Hundred dollars) in actual damages as concerns Contracts For Services ;
Grant Defendant $3, 000,000 (Three Million Dollars ) in Actual Damages as to committing fraud and fraudulently damaging Defendants Reputation and/or
Grant Defendant $3, 000,000 (Three Million Dollars ) in Actual Damages as to committing fraud and fraudulently denying Defendants Civil Rights.
Grant Defendant 9,000,000 (Nine Million Dollars) in punitive damages;
Grant Defendant declaratory judgment that the Plaintiff breached Defendant’s statutory and contractual Rights and breached their contract as defined pursuant to O.C.G.A. 11-2-210.
Grant Defendant declaratory judgment that the Plaintiff breached Defendant’s Civil Rights by fraudulently adding Defendant to Plaintiff’s Complaint pursuant to Georgia Constitution, Bill Of Rights, Article One, Section L, Para VI and/or Article One Section L, Para V, 5
Grant Defendant attorney fees as allowed under law if applicable;
Grant such other and further relief as the Court deems just and proper.

All paragraphs herein of this Counter Claim are hereby incorporated into Defendants Answer to Plaintiffs Complaint and Various Counts and vice/versa.

Respectfully Submitted

______________________________
Pro Se
Rocky Scarfone
1426 Web Gin House Rd
Lawrenceville, Ga.
30045
PH: 7707366890