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Keogh v. In-Touch Publishing and Marketing, LLC

Court of Appeals of Ohio, Fifth District, Stark

May 21, 2018

JAMES F. KEOGH Plaintiff-Appellee
v.
IN-TOUCH PUBLISHING AND MARKETING, LLC. AKA IN-TOUCH PUBLISHING & MARKETING, LLC. AKA IN-TOUCH PUBLISHING AND MARKETING, LLC, ET AL. Defendants-Appellants

          Appeal from the Stark County Common Pleas Court, Case No. 2017CV00364

          For Appellee LANCE D. GILL 3570 Executive Drive, Suite 201 Uniontown, OH 44685

          For Appellants DANIEL S. WHITE 34 Parmelee Drvie Hudson, OH 44236

          JUDGES: Hon. John W. Wise, P.J. Hon. W. Scott Gwin, J. Hon. William B. Hoffman, J.

          OPINION

          HOFFMAN, JUDGE.

         {¶1} Appellants In-Touch Publishing and Marketing, L.L.C. aka In-Touch Publishing & Marketing, LLC. aka In-Touch Publishing and Marketing, LLC (hereinafter "In-Touch") and Danielle G. Hayduk appeal the summary judgment of foreclosure entered against them by the Stark County Common Pleas Court. Appellee is James F. Keogh.

         STATEMENT OF THE FACTS AND CASE

         {¶2} Between the dates of February 13, 2012, and March 17, 2014, Appellants entered into nine loan transactions with Appellee, which were secured by nine properties owned by In-Touch. The cognovit promissory notes executed by Appellants were secured by mortgages on nine properties owned by In-Touch. Appellant Danielle Hayduk was the sole member of the In-Touch Corporation, and guaranteed payment on each of the loans with the exception of one.

         {¶3} Appellants defaulted in the payments due under the cognovit notes. Under the terms of the notes, Appellants waived presentment and demand for payment, notice of dishonor, protest and notice of protest, and further confessed judgment in favor of Appellee under the cognovit terms of each note.

         {¶4} Appellee filed the instant action in foreclosure on February 21, 2017. The action set forth eighteen counts against the following properties:

Counts One and Two: 122114th Street, Canton
Counts Three and Four: 237 Dueber SW, Canton
Counts Five and Six: 1357 Maryland SW, ...

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