STATE OF' NEW I]AMPSHIRE

CARROLL, SS

STJPIIRIOR COURT
Case

No: 212-2015-CV-00053

Starbrite Leasing, Inc., and Lil' Man Snowmobile

and

Edward C. Furlong III

Town of Bartlett, et al and Bartlett Water Precinct, et al.

Bartlett Police Deparlment, et al
and

PLAINTIFF'S OBJECTION TO DEFENDANTS' MOTION TO DISMISS

NOW COMES I-il'Man Snowmobile Rentals, Inc., and Starbrite Leasing,, Inc.,
and Edward Charles F'urlong III, by and through as President for Starbrite Leasing, Inc.,
and Lil'Man Snowmobile Rentals, inc., and Pro Se counsel for Petitioners, (hereinafter,
Petitioners) and in his Pro Se capacity request this Honorable Court DENY Defendants'
motion to dismiss, and in support of Plaintiff's Obiection states the following:
From the outset, Plaintiff s want to thank this Honoruble Court generously,for taking the time out to
read Plointiff s many briefs, and volumes of evidence.

STANDARD OF REVIEW

'fhe standard with which this Honorable Court must apply in deciding upon a
motion to dismiss is " whether or not the Plaintiffs allegations are reasonably susceptible

of a construction that would permit recovery" Bio Energv, LLC v. Town of Hopkinton,
153,N.H. 145, 152 (2005) (quotine LaRochev. Doe, 134 N.H. 562,564 (1991\. The
Court must "take as true all facts well pleaded, and construe all reasonable inferences
therefrom in the light most favorable to the movant." Id. (quoting Tilton v. Doughertv,

126 N.H. 294, 296 (19851. The Court is not obligated, however, to assume the truth or

accuracy of any allegations which are not well pleaded, including statements or

conclusion of facts and principles of law. See, Provencal v. Vermont Mut. Ins. Co., 132,

N.H.

742, 571 A.2d 276 (1990). Conclusions of law may not be accepted as true when

ruling on motions to dismiss, and it is clearly within the province of the trial court to
make legal rulings adverse to defendants.

SUMMARY OF FACTS

1.

The fact that the Defendant's Counsel has not, hitherto, filed an answer to the
within "Complaint and Demand for Jury Trial" filed in the Carroll County Superior Court
and dated May I lth,20l5, and is prematlrrellz filing this motion to dismiss.

2.

Plaintiffs disagree with defendant counsel to Count IV: Malicious Prosecution, in

that Plaintiffs will get a judgment in favor of that malicious prosecution in due time.
Plaintiff s are trying to get Deputy Rowe's phones records through the power of subpoena
and are being Stonewalled by Lieutenant Santuccio of the Carroll County Sheriff s Office.
see Exhibit no. I attached (letter to Lieutenant Santuccio)

3.

Defendant Counsel in his motion to dismiss draws conclusions to certain

immunities protecting his client defendant. This is not permitted in a depositive motion to
dismiss. to draw conclusions to matters of law.

3.

Plaintiffs will be filing a motion to compel the subpoena duce tecum with this
Honorable Court at Plaintiffs earliest breather.

4.

Plaintiff s are prepared now to "show proof'through an evidentiary hearing to

dispel, if need be, dny doubts this Flonorable Court may have pertaining to the culpability
of this defendant, deputy Stephen Rowe. Plaintiffs have solid evidence as this Honorable
Court has witnessed throush the voluminous submittals of Plaintiff's evidence:

5.

With this particular defendant, Caroll County Sheriffs Office, and deputy Stephen
Rowe, Plaintiffs have two legally obtained audio, and one legally obtained video, and
other evidence to support All OF'THE COLINTS against deputy officer Rowe.

6.

There are immunty protections for those who are deserving of such; howeveq

VERIFICATION

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

(Lil' Man Snowmobile

Rental) do hereby declare that I have read the forgoing "objection to motion to

dismiss" and know of the contents thereof. With respect to the matters regarding PlaintifTs, Edward C.
Furlong III, Starbrite l,easing and LMSR, 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 III, declare under the pains and penalties of perjury that the foregoing is
true and correct and that this declaration was executed on this l8th, day of June, 2075, in North Conway,

Carroll County, New Hampshire.

Edward C. Furlong III, Individually and,

as President of Starbrite Leasins. Inc.

STATE OF NEW FIAMPSHIRE

CARROLL, SS
Personally appeared before me, on this day of June l8th, 2015, Edward C. Furlong, III,

individually and, as President of Starbrite Leasing, Inc., and under oath affirrned that the above was the
truth to the best of my knowledge and belief.
Notary Public/Justice of the Peace
My Commission Expires:

when an official (any official) walks outside their shoes acting under color of law to
perform duties, or arrest someone, of conspire with another to meet a certain act without
legal authority to do so than those immunties no longer protect. This is what happen with
deputy Rowe; he just had a brain fart (no disrespect to this Honorable Court) and screwed
up; he will now make it right through this process called a civil action.

7.

Defendant counsel, Corey Belobrow, has not met the hens teeth "rare" in showing
conclusively, that this case against Carroll County Sheriff's deputy Rowe should move
forward to a Discovery Phase.

PRAYERS

WHEREFC)RE, Petitioners respectfully pray that this Honorable Court Deny

Defendant's motion to dismiss and

a.

Order such other and further relief as this Court deems just and proper.

Dated this da)' of June 18. 201 5

Respectfully submitted,

Edward C. Furlong III, Pro Se

and as President for: Starbrite
I-easing, Inc., and [,MSR
PO Box 447 Bartlett. NH 03812

Certificate of Service
I herby certifr that a copy of the foregoing Motion has this 1 8th day of June, 2015, been
forwarded first class mail, postage prepaid, to Chris Hilson, Bill Scott, Peter Malia, Mathew Cairns and
Corey Belobrow, respectively, Counsel for the Defendants.

Edward C. Furlong

III,

Pro Se