‘ ‘ ; ase 3:03-cv-01043-SRU Document 17 Filed 11/17/2003 Page1 of3
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UNITED STATES DISTRICT COURUSA liiiyf ggi 1 ‘
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K.L.C., INC., KEYSTONE LEASING : I
Plaintiff ; -
: CIVIL NO. 3:03CV1043 {SRU) I
VS. 3 I
CYNTHIA TRAYNER I
Defendant :
: OCTOBER 28. 2003
REPLY TO OBJECTION TO SET ASIDE DEFAULT
The Defendant, Cynthia Trayner, submits this reply to the PIaintiff's E
Objection. to Set Aside Default. The Plaintiff did not submit a memorandum of law
with its objection, but Defendant will consider the argument made within the
Objection as if it were a memorandum of law.
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The Defendant would address several points raised by the Plaintiff: ’
1. Plaintiff’s counsel makes unsubstantiated statements within its I
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Objection. These statements are unsupported by affidavit or other â€evidenceâ€. I
See for example: (i) counse|'s assertion of his conversation with Attorney Anthony I
Novak; (ii) counseI's statement regarding conversations allegedly had with IVIr. I
Trayner; (iii) counse|'s statement claim that a late filed appearance and answer was
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LAW OFFICES • O'BRIEN, SHAFNER, STUART, KELLY 8: MORRIS, P.C.
F'.O. BOX 310 • NORWICIMCONNECTICUT 05360 · 860-889-3855 • FAX:860-886-6352 • JURIS NUMBER 412176 I
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I I Z ase 3:03-cv-O104&§RU Document 17 Filed 11/1 @003 Page 2 of3
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prepared by an â€erstwhile |awyers". Each and every one of these assertions are l
nothing more than unsupported allegations.
2. Plaintiff claims that the affidavit submitted in support of the .
Defendant’s motion was unsigned. Defendant has submitted the signed affidavit,
which is part of the Court’s file in this case. J
3. Plaintiff attacks the Defendant’s affidavit with a great deal of needless
hyperbole, but fails to address the key point of the Defendant’s motion, that i
Plaintiff is foreclosing a judgment against property that it knows is without equity
to pay its judgment. It does not contest the recitation of the appraisal and Y
encumbrances, which come from the P|aintiff’s own documents. Nor does the
Plaintiff address the Defendant’s assertion that there is no prejudice to the Plaintiff.
The Defendant has not made this motion to avoid payment of this debt. The
Defendant has made this motion in an effort to save her home, and claims that the
court should consider the lack of equity in the-property i-n a determination-of
whether or not the Plaintiff should be permitted to foreclose this mortgage. N
TH§?§FENDQ@T g I
By ‘
lVIar E. Io for O’Brien, Shafner,
Stu rt, Kelly & Morris, P.C.
ct 06557
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. N....W.c.., O6360 . 38.. . SBS. . j
I . . · aSe 3303-cv-01O4&a§RU Document 17 Filed 11/1 ELQUOOS Page3of3
CERTIFICATION OF SERVICE }
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I hereby certify at a copy of the foregoing has been mailed, postage l
prepaid on this day of November, 2003 to all counsel and pro se parties: y
Christopher G. Winans, Esquire ll
Sullivan, Biraglia, Winans & Eberhard · l
24 Shelter Rock Road
P. O. Box 2809
Danbury, CT 068132809
By E
l\/lark E. lock f 'Brien, Shafner,
Stuart, elly & Morris, P.C.
ct 06557 I
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F:\USERS\BEH\Traynar\KaystoneLeasing\RepIy to Objectionwpd I
LAW OFFICES • O'BRIEN, SHAFNER, STUART, KELLY B: MORRIS, F'.C.
F·‘.O. EIOXBIO • NORWICH, CONNECTICUT 06360 • 860-889-3855 • FAX: 860-886-6352 • JURIS NUMBER 412175
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