Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, Case No.
PLAINTIFF-APPELLEE MARC S. BLUBAUGH, BENESCH, FRIEDLANDER,
COPLAN & ARONOFF LLP
ELIZABETH R. EMANUEL, BENESCH, FRIEDLANDER, COPLAN &
DEFENDANTS-APPELLANTS, MARK W. STUBBINS, GRANT J. STUBBINS,
STUBBINS, WATSON, BRYAN & WITUCKY CO., L.P.A
William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon.
Craig R. Baldwin, J. JUDGES.
Defendants-appellants Edith Frenzley and John Frenzley appeal
from the September 18, 2017 Final Judgment Entry of the
Muskingum County Court of Common Pleas granting the Motion
for Default Judgment filed by plaintiff-appellee Trilogy
Health Services, LLC. and entering judgment against
OF THE FACTS AND CASE
On August 8, 2017, appellee Trilogy Health Services LLC filed
a complaint against appellants Edith and John Frenzley.
Appellee, in its complaint, alleged that it had provided
room, board, nursing and personal care and other services to
appellants and that appellants had failed to pay for such
services. Appellee set forth claims alleging breach of
contract, quantum meruit, payment of spousal necessaries and
fraudulent transfers. A copy of the summons and complaint
were sent by certified mail on August 8, 2017 to appellants
at their residence at 3305 Fairway Lane, Zanesville, Ohio
43701 and to appellants at their real estate tax mailing
address at 4504 Stratford Cir. W., Zanesville, Ohio 43701.
The summons and complaint sent to appellants' residence
was returned unclaimed. The summons and complaint sent to
appellants' tax mailing address was signed for on August
9, 2017 by Jessie or Jessica Prouty.
Appellee, on September 13, 2017, filed a Motion for Default
Judgment against appellants. The trial court, as memorialized
in a Final Judgment Entry dated September 18, 2017, granted
the motion and entered judgment in favor of appellee and
against appellant Edith Frenzley in the amount of $6, 999.00
and against appellant John Frenzley in the amount of $9,
Appellants now raise the following assignment of error on
I. THE TRIAL COURT ERRED IN GRANTING DEFAULT JUDGMENT ...