State of New Hampshire

Carroll Countv. SS Superior Court

Case No. 21 2-201 5-CV-00053

Starbrite Leasing, Inc., and Lil'Man Snowmobile Rentals. lnc..and

Edward C. Fr-rrlons IIIPLA-LNTIru

V,

Town of Barllett, et al., and Bartlett Police Department et al.,and

Barllett Water Pricinct, et al.,and

Bartlett Recreation Department., etaland

Carroll County Sheriff's Department., et alDEFENDI\_l{-ll

******************************************************PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION TO DISMISS ''BARTLETT

VILLAGE WATER PRECINCT'' AND DAVID AINSWORTH TO COUNT IX OFCOMPLAINT No 212-2015-CV- 00053

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NOW COMES, the Plaintiffs, Edward C. Furlong III, proceeding in his Pro Secapacity and counsel for the Plaintiffs Lil' Man Snowmobile Rentals, Inc. and StarbriteLeasing, inc., and in the above captioned case requests that this Honorable Court DENYDefendant's Motion to Dismiss Defendant (s) to Count IX, and in support hereof-,consider the followins:

VERIFIED INDISPTJTABLE FACI'S BY PLAIN'I'IFF:EDWARD C. F'URLONG

EXIHIBIT l: ASSAULT VIDEO(uttached)

1 . Exhibit I is a video o1'an assault that Plaintiff f-elt compelleiJ to document back in December31.2015, and perpetrated by David Ainsworth. Bartlett Village Water Precinct commissioner. againstPlaintiff, Edward Furlons.

2. Exhibit No. 1 Video memorializes the assault on Plaintiff as it was perpetrated on December31st, 2012 by the defendant, Bartlett Village Water Precinct, through it's commissioner, DavidAinsworth;.ius1 as the Plaintiffs stated in their complaint on page 22 paragraph 61 and 62,but confusingthe dates in emor and tvpo.'

3. It is clear that the Defbndant's motion to dismiss based on the 3 year statute of limitation, iserroneous as a matter of law; since December 31,2012 and the flline of this motion is onlv 2 vears 8months.

4. As stated in defendant's counsel's motion to dismiss; It is "a scrivener's error"" that the March7h.2012 date should reference the time when Bartlett Water Precinct commissioner. David Ainsworth.came to Plaintilfs property via his personal snowmobile ( this video is also archived in Plaintiff'sDiscovery) to harass and intimidate Plaintitf and Plaintiffs customers; and the December 3l st .2012date was when the assault took place, as is seen and verifled in video: Exhibit l.

5. Plaintiffs will correct those typos when they submit their'First Amended Complaint' in thenear future of this Action, and within a reasonable amount of time before trial.

6. N.H. RSA 508:4 is not applicable here by law.; and clearly

7. There is indisputable proof through Exhibit 1 video thalphysical crntact was made bydefendant Barllett Water Precinct, through it's commissioner, David Ainsworth, towards PlaintiffEdward Furlong on three separate occasions in video on December 12th, 2012, and not on March 7th.2012:

a. PHYICAL CONTACT BY DEI"ITNDANT'fO PLAINTIF'F'; RUN-TIME on video at l2:32:4:42 and the injury happening to hand by Defbndant Ainsworth to Plaintiff Furlonri at 7:57. Injuryshown to "Plaintiffs I land" by Def-endanl at 15:29.

' Note to this Honorable Courl: Plaintiffs wish to make a formal correction to the typo dates in complaint 212-2015-cv-00053 when they amend their complaint. It's imperative that the entire video is viewed to understand it's true implications. Itis said, by Plaintiff Furlong, on at least two occasions in the video of what date it was when the video o1-the assault tookplace ( ie., December 3 lst, 20l2).

It's the intent of Plaintffi to file a Motion for 'summary Judgment' to several of Counts in theten Count Complaint : 212-2015-cv-00053, within u reasoneble amount of time.

WHEREFORE, Plaintiffs Edward C. Furlong and Starbrite L.easing, Inc., and Lil'Man Snowmobile Rentals, Inc., respectfully request this Honorable Court:

a. DENY DEFENDANT'S MOTION to dismiss Barllett Village Water precinctand David Ainswotlh to Count IX of Plaintiff s within Complaint with case No. 21 2-201 5-cv-00053.

b. Order any further relief that this Honorable Court deems just and proper.

Respectful ly subm itted,Dated: August l8th, 2015

Edward C. Furlong III, Pro Seby and through, as Counsel,and as it's President fbr: Starbritel,easing, Inc.,PO Box 447 BartleIt. NH 03812

Certificate of Service

I herby certify that a copy of the foregoing Motion has this I 8th day of Ar-rgust, 201 5, beenfbrwarded first class mail, postage prepaid to Chris Hilson, Malt Cairns, Bill Scott and peter Malia.Corey Belobrow, counsel for the Def-endants.

Edward C. Furlong III, Pro Se

VERIFICATION

I, Edward C. Furlong, III, individually. and as President for Starbrite Leasing, Inc., and Lil'

Man Snowmobile Rentals, Inc do hereby declare that I have read the forgoing "Objection to Def'endant's

motion to dismiss Rartlett Village Water Precinct, et al to Count IX ol'thc Complaint" ancl know of the

contents thereof-. With respect to the matters regarding Plaintiffs, Edward C. Furlong III. Starbrite

Leasing, and Lil' Man Snowmobile Rentals, the same is true to my knowledge except to those matters

that are alleged on infbrmation and belief; as to those matters. I believe them to be true.

I, Edward C. Furlong lll, declare underthe pains and penalties of perjurythatthe foregoing is

true and correct and that this declaration was executed on this 18th, day of August, 2015, in North

Conway, Canoll County, New Hampshire.

Edward C. I;urlong lll. Pro Se

S]'ATE OF NEW I.IAMPSFIIRECARROLI-. SS

Personally appeared before me, on this day of August 18th,2015, Edward C. Furlong, III,

individually and, as President of Starbrite Leasing, Inc., and under oath affirmed that the above was the

truth to the best of my knowledge and belief.

Notary Public/Justice of the Peace

My Commission Expires: