Stephen Libby

THE STATE OF NEW

CARROLL COT]NTY, SS.

EDWARD C. FURLONG, rlr, ].455 USRoute 3O2, pO Box 447Bartlett , NH 03 B i_2

ptainti ff ,v.TOWN OF BARTLETT 56 Town HalI,Road Bartlet,t, NH 03912, andTIMOTHY CONNIFEY BartlettPolice Chief RR1 Box 49 TownHaI1 Road, fntervale, NH 03g45,

SUPERTOR COURT

Case No.2L2-201L-cv-00298

HAMPSHIRE

andAnnette Libby Bart,IettRecreational Director i-5Meadows Drive Madison, NH 03949

Defendants.

DEPosrrroN oF srEpHEN R. LrBBy, a deponent in theabove-mentioned matter, taken pursuant to ag.reement

by counsel, before Susan F. Lozzj-, RegisteredProfessional Reporter, License No. !4o, in ttre stateof New Hampshire, ert the Bartlett rown Hall, 5G Town

HaIl Road, Bartrett, New Hampstrire, orr Thursday,October 18, 2OL2, commencing at, 9:03 a.m.

DUFFY & McKENNA REPORTING AssocTATEsP. O. Box l_56g

Dover, NH 0382J_-l_G5g(503) 743-4949

ToII Free: 1 (BOO) GOO-LOOO

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APPEARANCES:

EDWARD C. FURLONGP.O. Box 447Bartlett, New(503 ) zz4_9257For Edward C.BY: EDWARD C.

Hampshire 03gL2

Furlong, plaintiff.FURLONG, PRO SE.

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BOYNTON, WALDRON, DOLEAC, wooDl"IAN & scoTT, p.A.P.O. Box 4Ig, g2 Court, StreetPortsmouth, New Hampshire O3 g O2 _ 04 i_ g(503 ) 436-4010For the Defendants.BY: WILLfAM G. SCOTT, ESe.

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INDEX

STEPHEN R. LIBBY

Direct Examination by Mr. FurlongCross-Examination by Mr. Scott

No.No.

No.

EXHIBITS

DescriptionOne-page docrrment by Stephen R.Libby, dated Decemblr 4, 2OOg.Plaintiff, Edward C. Furlong,sFirst, Set of fnterrogatories to beanswered by Defendant Stephen Libbyand six colored photograpts

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*** Original exhibits retainedbY Mr. Furlong ***

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P-R-O-C-E-E-D- r -N-G-S

STEPHEN R. LIBBY, having been sworn to3 telI t,he truth, testif ied as follows:4 DTRECT EXAMINATION BY MR. FURLONG:

5 a. Would you please state your name.

5 i A. Stephen Roger Libby.7 I a. And can you please state what town you

8 I reside in.

9 i A. Madison, New Hampshire.

10 i A. How long have you resided in Madison, New

11 I Hampshire?

12 i A. Approximately 12 years.L3 a. What is your relationsllip with Annette14 Libby?

1-5 A. She is my wife.L5 a. What is your relationship with Mr. Doug

17 Garland?

1-8 A. f have none.

L9 O. Do you know Mr. Doug Garland?

20 A. Yes, I do.

21, A. You state that you know Mr. Doug Garland,22 but you profess that you have no rerationship with23 him, whether it be personal or business?


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i A. That's correct.

i A. December 4Lh, 2OO8r |ou submitted a

document to the selectmenrs office and r have itright here- rs this document what you submitted tothe Selectmen,s Office?

A. Actually, I believe it,s probably therewas one there with my letterhead on it that was a

rough draft, but there was one with my letterheadon it, but, y€s, it,s the same context.

a. It's the sarne context as this(indicating) ?

A. Yes .

a. At whose request from the Selectmen,soffice did you do the investigatory work at theprecinct field?

A. There was no one from the Selectmenrs

Office that asked me to do it, do any investigativework.

a. Why did you feel compelled then toinvestigate the precinct f ield through. the d.eed.s,

prats, Registry of Deeds in ossipee, New Hampshire, i


22 i and do a thorough outline of the precinct field and

23i then submit this docrrment to the Selectmen,s office I

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without their giving you commissioning you to do

that?

A. Because in 2008 the rec department

received a grant, to build dugouts and a stred on theprecinct field and although it was municipalproperty and did not require to be to fotrow thenormal setbacks, Director Annette Libby wanted tomake sure that all setbacks were adhered to and

since there were no boundaries, r offered to do theresearctr at the registry.

a. Which schools did you attend, Mr. Libby?

A. Lin-Wood High School and elementary school

and Berlin Tech.

O. And how long did you go to Berlin Tech?

A. That was a two-year program.

a. And what was tlle courses that you studiedtlrere?

A. I majored in water, wastewat,er technology.

a. Have you ever studied land use, anythingto do with portions of land, surveying, researchingdeeds, perhaps, or anything of that nature thatwould facilitate you in this endeavor that you

undertook?


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A. WeIl, f took a half semester in highschool where we spent time at the Registry of Deed.s

in Grafton County, plus my former employer r didresearch and sLuff for const,ruction and so on.

a. Have you ever been arrested?A. Never.

a. Have you ever been ticketed?A. A speeding ticket? Warning.

O. How long have you resided in Madisort, New

Hampshire?

A. f believe I just told you approximatelyL2 years.

a. And prior to that, you were in?A. Lincoln, New Hampshire, was my primdry,

although I served in the military.a. Have you ever been to Mr. Furlong,s

property near the cabin that you reported was once ashed?

A. f have never st,epped onto Mr. Furlong,sproperty.

a. You , ve never been on Mr. Furlong, s

propert,y?

A. f have never been on Mr. Fur1ong,s

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lproperty- r'|ve been behind on the forestry propertybut never on Mr. Furlong,s property.

3 i a. What was your business with the U.S.Forest, Terry Miller, €ts seen in a picture with youstanding on Mr- Furl0ng's property next to the cabinand you stated it was a shed.?

MR. SCOTT: Do you have the picture?Do you know the picture?

THE WfTNESS: f believe I saw thatpicLure. Oh, yeah.

A. Do you have that picture to refresh my

memory of exactly where r was standing because

A. I need to refresh your memory?

A. I never stepped foot on your property, soif you have the picture showing where f was

standing', I could probably t,eII you where I was

standing in relation to your property.a. Did you not converse with the forest

service supervisor, Mr. Terrance Miller?20 | A. I most certainly did.,li a. So you were on my property?

A. I was not on your property. I was on23 i f orestry property t,he entire time.


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a. Why did the selectmen ask you toinvestigate the precinct fie1d, the boundaries and

markers and the pins?

A. I believe I just, told you that we were

putting up the dugouts and the shed and Annette

wanted to make sure that we maintained proper

setbacks on your property.

And since there was no boundaries between

yours and the precinct, I investigated wtrere the

boundaries were which led me to that missing

boundary behind your shed.

a. So you're saying perhaps the selectmen

asked your wife, Annette Libbyr --

A. Negative .

a. to?

A. I just told you that the selectmen said it

was municipal property and she did not have to

adhere to setbacks. It was Annette that insisted on

adhering to setbacks.

O. WeII, municipal property is usually owned

by the town or a city. I mean, I would I was

assuming that ttre Bartlett Water Precinct property

is a utiliLy?

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A. It was a municipal property. Municipalprecinct. A precinct is a government entity.

O. What kind of map did you produce f or t,he

Selectmenrs Office that mentioned a map? Do you

recall a map that you submitt,ed to ttre Selectmenrs

Office that showed the preeinct field?

A. f I rve looked at several maps, so

unless you can tell me which one it was I cannot

teII you which one I presented to them because I

don't recall which one it was.

MR. FURLONG: Ttris is of f the record.(Discussion off the record. )

MR. FURLONG: Can I get this as

Exhibit 1,? This was the docr-rment in t,tre beginning.(Exhibit No . l; so marked. )

MR. SCOTT: Is that dated?

(Reviewing document. )

MR. FURLONG: On December 4th, 2OOB ,

Stephen Libby submitted a document dated

December' 4Eh, 2008, entered in as Exhibit l-.

O. What type of relationstrip do you have with

the Waterr Precinct Cornmissioner, Mr.

A. He and I volunteered with t

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Bob BIake?

he rec


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Steven Libby

(Exhibit No. 2; so marked.)

a. Some of these pictures reveal nothi

do with boundaries or set pins, markers for


department. That,'s t,he only he's done cookouts.

He's done work on the field and that's it.

a. Have you ever conversed with him about

Mr. Furlong and his businesses?

A. I don't recall.

a. Was he present wtrile you were takingpictures of the property, of Mr. Furlong?

A. f don,t recall.

a. So how many pictures can you est,imate thatyou took of Mr. Furlong,s property?

A. Well, I know I submit,ted orte, two, three,four, five, six all pertaining to the new boundaries

that were set.

MR. FURLONG: Can you enter that in,those pictures as Exhibit 2.

(Reviewing photographs. )

A. These are my copies, but these are the

ones t,hat were submitted to you on my originalinterrogatories, Iisted as item five on your

interrogatories .

ng to

Steven Libby

measuring or accurately detailing a property

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Can you explain that?

A. I disagree. The first picture has ttregarden tractor in the backg'round right behind the

new forestry marker. That was ttre pin No. 7 ttratwas mentioned in that leLter dated from

December 2008; ttrat was the key forestry boundary

that I needed in order to get the baek property lineof the precinet ball field.

The second picture is just a closer

picture of that, same corner. The third picture in

line there is showing the new graniLe monument to

t,tre front of the property between the precinct and

Mr. Furlongi's property with a string line running

from front to back.

The fourth picture is showing the stake

standing up in the left corner is above the new rear

monument on that property line and ttre red blaze in

the tree on the two trees is part of the three tree

blaze that ttre forestry marks for that corner. Itjust so happens that one of your buildings was

between th"e two trees. The fifth picture is taken

standing in line with the new back property of the


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ball field taking a picture of ttre three trees with

the grade stake marking the new g'ranite monument tothe rear of the property, and the next picture inline is just a close-up of that that shows two ofttre blazed trees a little more clearly with no

buildings in view.

a. According to your statement here that you

submitted December 4Eh, 2008, to t,he Selectmenrs

Office, in the seventh paragraph, the last line you

state Although the photo I t,ook a picture with my

cellptrone. Although the photo reproduces very

grainy, the lighted cab of tlre pickup can be seen

parked between the motel and the telephone pole with

yellow tape. What was that comrnent in reference to

if you're just

A. I believe that one picture there was the

day we were putt.ing up the gate on ttre property

and

a. Excuse me. Wtrat property?

A. On the ball field property, across the

front entrance to the property to keep vehicles out

during the winter season.

a. Property or front of a roadway?

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A. In front of the driveway.

a. Okay. A driveway?

A. A driveway.

O. Not a C1ass 5 roadway?

A. A driveway.

a. So it's not a Class 5 roadway?

A. It is the precinct's driveway.

O. Yourre not just, answer my question. Isit your opinion it's not a Class 6 roadway?

MR. SCOTT: Wait a minute- Wait a

minute.

A. No.

MR. SCOTT: He has said he has said

it's a driveway. He is not rendering expert

opinions on anything. He's telling you what he

thinks it is -

MR. FURLONG: Okay. That ' s fair

enougrh.

a. AIso in this letter you state as

Mr. Furlong claims that he has no access to the back

of his property where the cabins are without

utilizing the fieldrs driveway. On Saturday,

November 22nd, T witnessed Mr. Furlong drive into


Steven Libby

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his upper driveway and he and his vehicle reappeared

along the field's property line behind his motel

unit. Can you explain that?

A. Yes. Ttrat gloes along with the very last

sentence you just read to me. You had been stating

tlrat because the driveway was now blocked and you

had no you claim you trad no access to the rear of

your property, I was just taking a picture of how

you had just driven around your cabins and parked

behind those cabins.

So you obviously did have access to your

back property wittrout having t,o use the driveway of

the ball fie1d, which is why I took t,Lre picture on

my cellphone, which was grainy that day-

a. The driveway that entered my cabins from

ttre ball field from that driveway, what, was placed

in front of the driveway to preclude :me from

entering, do you reca1I?

A. I believe initially ttrere was a log placed

across that driveway and then at some point between

the new chain-link fence being put in and the

stockade fence running down t,he new established

property line, ttrere was a line of boulders placed


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along that line and, also, if you happen to look at

that pict,ure showing the boulders, those boulders

were placed weII upon the precinct property nowhere

near the string line that was run from pin to pin.

a. Who placed the logs in front of the

Mr. Furlong's driveway to keep him from entering

into his cabins? Do you recall the narne of thatperson?

A. I do not recall who placed the logs there.

a. Maybe I can refresh your memory. Does Don

Ryder ring a bell?

A. I know Don Ryderr 1z€s. He supplies

Christmas trees.

O. So yourre noL sure if it was him that

placed those logs in front?

A. I have no idea.

a. Who placed the rocks, the boulders?

A. Ttre rocks were placed by excuse me. I

cannot t,hink of that gentlemanrs name that owns the

Bartlett Service Center, the older gentleman. He

had the boulders on his property and he offered to

place them along the property wit,h his tractor. He

bucketed them across 3O2 and plaeed them in line for


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us.

O. I believe his name is Mr. Gerry McMannus,

f or t,he record.

A. Sr. If there's a Sr.

A. Sr. And, also, I am to understand thatMr. McMannus, Sr., was highly competitive with

Mr. Furlong in the snow remowal rental business?

MR. SCOTT: Wait a minute. If you

have questionsr folJ can ask questions, but you

shouldn't be testifying about, wtrat you want. If you

have a question about what he did, thatrs fine,

but

record.

MR. FURLONG: It's just for the

MR. SCOTT: It shouldn't be on the

record. Really, yourre asking this witness

questions.

MR. FURLONG: You can strike that.

O. Are you aware if Mr. McMannus, Sr., was

compensated for the rocks or Lre just donated them?

A. He just donated ttrem. He wanted them off

his property. We had use for them. He offered to

do it, rxo cost.


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a. Why were such ugly boulders placed there

on the property line? What was ttre purpose of that?

A. I believe it was a stopgap measure while

we were waiting for a permanent fence to be placed

to keep you from traveling wherever there was an

opening through the along the property.

a. Along the property. Along the driveway?

A. Along the property line.

O. Along the driveway there.

A. Along the driveway property line.

a. Yes.

A. Actua1ly, strike that. It's not along the

driveway because ttrere's approximately l-0 to 1-5 f eet

of separation between ttre driveway and the property

1ine, so to Stet to the driveway you would be driving

over over property; not driveway.

a. So you' re saying ttrere' s approximately

15 feet from the property line to the driveway?

A. I'm just looking at this picture here, and

I am guesstimating approximately 1-0 to 15 feet of

separation between the property line and that pin

for that post for the gate, a seasonal gate.

a. Your wife, Ms. Annette Libby, who's a


rSteven Libby

A. I have no reason to tike or distike you.

I mean, Irve never met you. As I said someplace Ithink in one of my one of my answers to you

and I'11 read it so I'm not taking it out of eontexthere. f will read it, to you. Let me just find theright one, please.

( Revi ewing docrrment . )

A. Since I spent all the time having to

answer these, I would like to this is from page

five of my interrogatories.

To the best of my knowledge, I have never

initiated any conversation with Mr. Furlong, never

soughL him out and never crossed over his property

line during any of my time working on B1ack FIy

Fie1d projects.

I have never approached him in any other

setting, and I was cordial to him wlren I served him

during the 4th of .IuIy celebrations.

O. Was there a time back around spring of

2008, could have been a little later, that you were

putting up tape to mark your boundary line wtren

Mr. Furlong and you exchanged words? And those

words were in pretty much a belligerent style,


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Steven Libby

'fdemeanor towards each other?

A. I don,t recall that. I do have

sometime after the missing forest,ry corner boundary

had been replaeed and Black FIy Field had been

surveyed, I was running a string 1ine along therecently surveyed property line and Mr. Furlong didapproach me. He accrrsed me of spying, to which freplied I was simply marking property lines.

He then accused me of being orr hisproperty, to which I replied ttrat I was working we1l

within the confines of Black Fly property but thatttre brush tre stacked was clearly on Black Flypropert,y and needed to be removed.

One late faII day while a work party was

installing snow fence from the other end of the

stockade fence to the back granite bound,

Mr. Furlong' did approach us. He questioned what we

were doing and who authorized it.

He was holding up a newspaper as though he

was reading i t; t,hen he would bring out a camera,

snap a pieture and hide t,he cErmera. Af ter doing

this several times, one of the individuals in ttre

work party suggested that he just put down his paper


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since we all knew what he was reaIIy doing and thenhe left us alone.

MR. FURLONG: Thank you. Thank you.Tlrere's no other questions.

MR. SCOTT: Okay. I trave nothing.

THE WITNESS: I had one more therethat kind of related to exaetly what he said.

MR. FURLONG: No, that ' s it .

MR. SCOTT: Hold on a second.

MR. FURLONG: Strike that.

(Discussion off the record. )

CROSS-EXAMINATION BY MR. SCOTT:

a. Did you have any other confrontation with

Mr. Furlong at the property?

A. Yes, I did, and this actually relates to

the sunrmer of 2008. And as I wrote, orte other

encounter was during the summer of 2009 when r was

searchingi for the u.s. Forestry and Black Fty Fierd

boundaries.

I was behind his property but well withinthe forestry land. He wanted me to identify mysetfbecause r courd be a pervert sneaking, around in t,he

23 woods behind his cabins, to which r repried that if


lSteven Libby

he was concerned, he should callwould still be here working when

Thank you.

at 9228 a-m.)

the police and f

they arrived.

We're done, Steve.

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MR. SCOTT: Okay.

(Whereuporr, the deposition concluded.

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corrections:

PAGE/LrNE NO.

ERRATA SHEET

, wish to document the following

CORRECTION

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I, , do hereby cert,ify t,hat I haveread the foregoing transcripl of my testimony andfurther cerrify that said tianscriit (with/without)suggested corrections on the Errat-a sheet is a trrr"and accurate record of said testimony taken at thetime and place designated..

State ofCounty of

Subscribed and sworn toof , 2012.

SUBSCRIPTION OF DEPONENT

Date

Notary PublicState of New HampshireCommission expires:

before me this day


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CERTIFICATE

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F-. !,,az,zL, a Llcense':i Flecistel:e,j

!h;r:r,hani Reporter far tne SLa-.e cf l,lew

HarLpsl-Lir:e, hereby certifl' F'nat i-i;? io::eqaii\g is a

trle and aaJurate transcrrpt of my s-Lerragraphic

i-rltes of the prc.eeling t.,rken at Liie place anC cn

li-rc,late her:errrbcFore set fcrrh r-.j t-he bcsr-_ of rny

siii arLC abttir-y under i-he ccndir_ioris present at tne

tin-.t, r rtl:- -

I iurther .e::tify f,hat- I am rieitner attcrney or

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The foreEoing .er1-.ification of 1-his transcrip:

dces nol appLy r-3 a.y reproduction of the siame by

-;rr'1, mearis uniess unier i-he drrecl- ccntr:ol anC/or

Lre---irn oI Lh" -'cr:i ,'inl reporLer.

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Stephen Libby