Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURTNB] W Fu p 12. H
I<.L.C., INC., KEYSTONE LEASING
Plaintiff :
— against — CIVIL NO. 303CV1043§ SRU
CYNTHIA TRAYNER I N
Defendant : j
; NOVEMBER 3, 2003 .
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OJBECTION TO MOTION TO SET ASIDE DEFAULT I
The Plaintiff, K.L.C. INC., KEYSTONE LEASING ("Keystone"), objects to
the Defendant’s October 28, 2003 Motion to Set Aside Default.
BACKGROUND A
This action seeks to foreclose a judgment lien. In October 2002, Keystone
sued Trayner Transport, LLC, Cynthia S. Trayner and Richard L. Trayner for breach '
of a commercial lease. Because of the venue provision in the lease, Keystone had
to bring the action in the Hartford Judicial District. Once judgment was obtained,
Keystone Iiened I\/Irs. Trayner’s real property then started this foreclosure.
TI—IIS ACTION j
This action started in June 2003. Throughout it andthe Hartford action, II/lr.
Trayner has spoken with Keystone's counsel about settling the case. In addition,
Keystone's counsel has been contacted twice (most recently earlier this month) by
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C-ase 3:03-cv-01043-SRU Document 16 Filed 11/O4/2003 Page 2 of 4
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the Trayners' putative bankruptcy counsel, Anthony Novak of Vllethersfield 1
MRS. TRAYNER’S AFFIDAVIT
Mrs. Trayner’s affidavit is so flagrantly misleading that it borders on being
sanctionable. Particularly offensive in her vernon of reality stated in paragraph 7
she knew she could be defaulted: she was in the Hartford action. In addition, she
had an appearance ary prepared for her by one of her estwhile lawyers.
Unfortunately she filed her papers after she was defaulted. Somehow this action
(which is apparently completely unlike the last one) did not require the hiring of a
lawyer. This contention is simply incredible. ll/lr. Trayner and l\/lr. Novak have
repeatedly called Keystone’s counsel to discuss the exact procedural posture ofthe
case and settlement. ls Keystone to believe that this happened without I\/Irs.
Trayner’s knowledge?
Lastly, the affidavit (at least the one sent to Keystone's counsel) _was not
signed. As such, it is so much paper.
GOOD CAUSE
Keystone has been in litigation with the Trayners since October 2002. This
action has been pending since June (5 months). There has been more than
enough time for Nlrs. Trayner to appear pro se, hire counsel or file a Chapter 7
petition.
1 Nlr. Novak stated in his calls that he would file a Chapter 7 petition when his retainer was paid.
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10TT ‘W ‘4·___.·..m (;aSg ;03-ev-01043gSRU Document 16 Filed 11/042003 Page 3 01 4 nj!
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· The stay argument promulgated by the Defendant is specious. She 1
acknowledges that this is a commercial debt rendering General Statutes §52—356d
ineffective. I
Even more ridiculous is the Defendant’s belief that the present action should I
be stayed while she makes $35 weekly payments on a debt of over $101,000. That
i amounts to a payment plan of $1,820 per year; me @q@ ge is over $10,000
per year meaning that the debt will grow by $8,180 per year. _ f
Lastly, Keystone is constrained to comment on the shocking new tack that
il/Irs. Trayner now thinks she is going to take. It appears now she has plenty of `
funds for counsel (but none to pay thejudgment) and an affirmative claim for abuse
of process (1). It is simply mind boggling how a person who owes another
$100,000+ can so blatantly fabricate "c|aims" to escape their obligations. Quite
simply everything that has been said to Keystone is apparently a lie. N
CONCLUSION .
The Motion to Set Aside Default is another dodge by Mrs. Trayner to avoid
liability for her debts. She knew about the action, attempted to appear in it,
attempted to answer it, had her husband and bankruptcy lawyers negotiate on her
behalf. Now, as D—Day approaches, she has “found" the funds for counsel and
even a fa<@; specious "defense". It is time forjudgment to enter in this case and
for l\/lr. Trayner to accept the consequences brought upon by her own action.

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Case 3203-cv-O104;(;;SlQU Document 16 Filed 11/O4/2003 Page 4 of 4 i
The default should be set aside.
THE PLAINTIFF
By. géé E & {L i
ristopher G. Winans, Esquire l
Po. Box 2000 l
_ Danbury, CT 06813-2809 l
(203) 748-4888 K
Federal Bar N0. ct02254 {
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CERTIFICATION
I certify that a copy of the above was mailed November 3, 2003, to all
counsel and pro se parties of record; 2
Cynthia Trayner ‘
13 Westside Drive, Unit #94 .
North Grosvenordale, CT 06255
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Mark E. Block, Esquire
O’Brien, Shafner, Stuart, Kelly & Morris, P.C.
138 Main Street
F’.O. Box 310 l
Norwich, CT 06360
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Chr stopher G. Winans =
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