State of New Hampshire

Carroll County, SS Superior Court

Case No. 2 I 2-20 1 5-CV-00053

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

Edward C. Furlong IIIPLAIN-I-IFF'S

V.

Town of Barllett, et al., and Bartlett Police Departrnent et al.,ano

Bartlett Water Pricinct. et al.,and

Barllett Recreation Deparlment., etalano

Carroll County Sheriff's Department., et al_D_EFENDANTS

* * * * * * * * * * * {< * * * * * * * * * * t * * * * * {< * * * * * * * * * * * * * * * * * * * * * * * * {<

PLAINTIFF'S OBJECTION TO DEFENDANT'S MOTION TO DISMISS ''BARTLETTVILLAGE WATER PRECTNCT'' AND DAVID AINSWORTH TO COUNT IX OF

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NOW COMBS, the Plaintiffs, Edward C. Furlong III, proceeding in his Pro Se

capacity and counsel for the Plaintifl's l,il' Man Snowmobile Rentals, Inc. and Starbrite

Leasing, inc., and in the above captioned case requests that this Honorable Court DENY

Defendant's Motion to Dismiss Defendant (s) to Count IX, and in supporl hereof,

consider the foll owing:

COMPLAINT No 212-2015-CV- 00053

VERIFIED INDISPUTABLE FACT'S BY PLAINTIFF:EDWARD C. FURT,ONG

EXIHIBIT l: ASSAULT VIDEO(attached)

l. Exhibit I is a video of an assault that Plaintiff felt compelled to document back in December

31.2015, and perpetrated by David Ainsworth, Bartlett Village Water Precinct commissioner, against

Plaintiff, Edward Furlong.

2. Exhibit No. 1 Video memorializes the assault on Plaintilf as it was perpetrated on December

31st, 2012 by the defendant. Bartlett Village Water Precinct, through it's commissioner, David

Ainsworth;just as the Plaintiffs stated in their complaint on page 22 paragraph 61 and 62, but confusing

the dates in error and typo.'

3. It is clear that the Det-endant's motion to clismiss based on the 3 year statute o1'limitation, is

erroneous as a matter of law; since December 3 1,2012 and the filing of this motion is only 2 years 8

months.

4. As stated in defendant's counsel's motion to dismiss; It is "a scrivenet's elror," that the March

7th"2012date should reference the time when Barllett Water Precinct commissioner, David Ainsworth,

came to plaintiffs property via his personal snowmobile ( this video is also archived in Plaintiffs

Discovery) to harass and intimidate Plaintiff and Plaintifl's customers; and the December 31 sr ^2012

date was when the assault took place, as is seen and verified in video: Exhibit 1.

5. plaintiff-s will correct those typos when they submit their'First Amended Complaint' in the

near 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

j . There is indisputable proof through Exhibit 1 video that contact was made by defendant

Bartlett Water precinct, through it's commissioner, David Ainsworth, towards Plaintiff Edward Furlong

on three separate occasions in video on December l2th, 2012; and not on March 7th'2012:

A. PHYICAL CONTACT BY DEFENDANT TO PLAINTIFF; RUN-TIME ON VidCO At 12:32;

4:42 and the inj bv Dell Ainsworth to Plaintiff F t at7:57 .lnjury

shown to "Plaintiff s Hand" by Defendanl at 15:29.

It,s the intent of Plaintffi to.file u Motion.for 'summary Judgment' to severul of Counts in the

I Note to this I-lonorable Court: Plaintiffs wish to make a formal correction to the typo dates in complaint 212-2015-cv-

00053 when they amend their complaint. lt's imperative that the entire video is viewed to understand it's true implications' 11

is said, by elaintiffnurlong, on at least two occaiions in the video of what date it was when the video of the assaulttook

place ( ie., December 3lst,2012)'

ten Count Complaint : 212-2015-cv-00053, within a reasonable smount of time.

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

a. DENY DEFENDANT'S MOTION to dismiss Bartlett Village Water Precinctand David Ainsworlh to Count IX of Plaintiff s within Complaint with case No. 212-2015-cv-00053.

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

Resnectf ul lv submitted.Dated: August 1 8th, 2015

Edward C. Furlong Ill, Pro Se

by and through, as Counsel,and as it's President for: StarbriteL,easing, Inc.,PO Box 447 Baftlett. NH 03812

Certificate of Service

I herby certify that a copy of the foregoing Motion has this 1 8th day of August, 201 5, been

forwarded first class mail, postage prepaid to Chris Hilson, Matt Cairns, Bill Scott and Peter Malia,

Corey Belobrow, counsel for the Defendants.

Edward C. Furlong III, Pro Se

VERIFICATION

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

Man Snowmobile Rentals, Inc do hereby declare that I have read the forgoing "Obiection to Defendant's

motion to dismiss Bartlett Village Water Precinct, et al to Count IX of-the Complaint" and know of the

contents thereof. With respect to the matters regarding Plaintiffs, Edward C. Irurlong lll, Starbrite

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

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

I, Edward C. Furlong [], declare underthe pains and penalties of per.iurythatthe foregoing is

trueandcorrectantlthatthisdeclarationwasexecutedonthis l8th,dayof August,20l5,inNorth

Conway, Carroll County, New }lampshire.

tidward C. Furlong III, Pro Se

STATE OF NEW HAMPSHIRECARROLL, 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 undcr oath affirmed that the above was the

truth to the best of my knowledge and belief'.

Notary Public/Justice of the Peace

My Commission ExPircs: