STATE OF NEW HAMPSHIRE

CARROLL,

SS

SUPERIOR COURT

Case

No: 212-2015-CV-000

I0

Starbrite Leasing, Inc., and Edward C. Furlong III

v.

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

MOTION TO OBJECT/STRIKE DEFENDANT'S AMENDED ''ANSWER''

NOW COMES , Edward Charles Furlong III, (Individually), by and

through, as President, for Starbrite Leasing, Inc., and Pro Se Counsel, for
Plaintiffs, (hereinafter, "Plaintiffs").
Defendants.' Town of Bartlett, (Selectmen, Chandler, Selectman, Garland),
employee, Bartlett recreation department, Annette Libby; The Bartlett Water
Precinct, employees, Bob Blake and David Ainsworth, (hereinafteq
Defendants) and in furtherance states the following:

SLMMARY OF FACTS

1. On March 20,2015 Attorney for the Bartlett Water Precinct, Mathew

Cairns, and counsel for the Defendant, Bartlett Water Precinct, has submitted
to the "Clerk" his "Answers" to the Plaintiff's Petition before this Honorable
Court titled: "Petition for Injunctive and Declaratory Relief and Damages."
Exhibit 1 attached.
2. Exhibit 3 attached, Attorney for the Barllett Water Precinct, # 2, A Peter
Malia, had showed an appearance for the Bartlett Water Precinct on February
27,2014 and actually appeared at the hearing on March 4,2015 before this

Honorable Court, as well. The Plaintiff and counsel for the Bartlett Town
Selectman, were also present at the hearing.
3. I received the Bartlett Water Precinct "Answers" through attorney Cairns
on March 20th,2015.
4. On April 7th,2015, Plaintiff's receive an "Amended Answers" from
attorney, Cairns, to amend line number 7 and contrary to his first answer,
states: "It denies that the right of way starts at route 302 and ends at the White
Mountain National Forest." Exhibit 2 attached
5. That statement is a "matter of substance,"(Superior Court rule:12)t, and
should be submitted bv motion to this Honorable Court by Defendant's
counsel.
6. Exhibit 4 attached, is a memo from Annette Libby, Bartlett recreation
employee to Defendant, former selectman, Doug Garland. This letter implies
many different senerios that Plaintiff's feel that this Honorable Court should
consider in a "certain light";....of the change of heart by Defendant counsel,
Cairns, stating in his first Answer, "that there is in fact, a right of way." This
information, or change in testimony is most substantial, in that it continues to
show the "profound deceit" by Defendants, and Defendant's counsel through

this entire litigation.

7. Only after Plaintiff's counsel, Edward Furlong, highlighted this huge
revelation by attorney Cairns, to this Honorable Court, does attorney Cairns
want to "completely change his testimony "and now states: it "is not in fact a
right of way." Does he want to change or modifu his testimony in his
"Amended Answer" and submit it to the Superior Court Clerk, circumventing
the presiding Justice, or Honorable Judge, is Plaintiff's question. That,
perhaps, Defendant's counsel Cairns talked with the other counsel involved in
this case; and the testimony that attorney, Cairns, wishes to change in an
"Amended Answer" is submitted, by him, through the clerks office, is an error.

Superior Court Rule 12.

8.

Plaintiff is really "fed up" with this proliferation of a bunch of changed

I Rule l2 states: "Amendments may be made to Complaint or Answer upon the order of the court..."

testimony, lies under deposition, lies under affidavit andlor interrogatories.

The general consensus by the two selectman, Chandler and Garland, is that
cross country skiers/activist will not co-exist with snowmobilers. 'So lets get
rid of all the snowmobile businesses, or we'll die trying in our official
capacities, attitude. That sounds very one sided by selectman Candler and
Garland. They should not be hanging their hats at the Selectmen's office then.
Plaintiff submits Exhibit 6 p.6 attached .
9. Letter to Investigator, Mr. Casey and Mr.Vara, Assistant Attorney
General, at the New Hampshire Attomey General's office, they are currently
working on this problem I have. Exhibit 5 attached

Exhibit 6 attached, is a yet another suspect document concerning the

link between Annette Libbv's malfeasance, and former Selectman, Garland
10.

malfeasance.

WHEREFORE, Plaintiff, Edward C. Furlong III, and Starbrite Leasing,

Inc., prays that this Honorable Court deny Defendants'Counsel submission of
a certain legal document, to the "Clerk of Court," titled: "Amended Answer of
Bartlett Village Water Precinct" in reply to the within Complaint titled:
Petition for Injunctive and Declaratory Relief and Damages, and

1. Order any

further relief this Honorable Court deems just and proper.

Respectfully submitted
Starbrite Leasing, Inc.,
By and through it's Counsel,
and it's President

Edward C. Furlong
PO Box 447
Bartlett, NH 03812

III,

Pro Se

Certificate of Service
Motion has this 14 day of April, 2015, been
forwarded hrst class mail, postage prepaid, Chris Hilson, Bill Scott, Peter Maila and
I herby

certifr that

a copy of the foregoing

Mathew Cairns, Esquire.

Edward C. Furlong

III,

Pro Se

VBRIFICATION
I, Edward C. Furlong, III, individually and as President of Starbrite Leasing, Inc., do
hereby declare that I have read the forgoing motion to Amend, and know of the contents

thereof. With respect to the matters regarding Starbrite Leasing, Inc.,, Libby's memo, the
above captioned case no. 212-2011-CV-00061, docketed in Carroll County Superior Court,

New Hampshire, 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 l4th, day of

April, 2015, in North Conway, Canoll County, New Hampshire'

Edward C. Furlong III, Individually and,

as President of: Starbrite Leasing, Inc.

STATE OF NEW HAMPSHIRE

CARROLL, SS
personally appeared before me, on this day

of April 14th,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