JAMES F. KEOGH Plaintiff-Appellee
IN-TOUCH PUBLISHING AND MARKETING, LLC. AKA IN-TOUCH PUBLISHING & MARKETING, LLC. AKA IN-TOUCH PUBLISHING AND MARKETING, LLC, ET AL. Defendants-Appellants
from the Stark County Common Pleas Court, Case No.
Appellee LANCE D. GILL 3570 Executive Drive, Suite 201
Uniontown, OH 44685
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.
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.
OF THE FACTS AND CASE
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.
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.
Appellee filed the instant action in foreclosure on February
21, 2017. The action set forth eighteen counts against the
Counts One and Two: 122114th Street, Canton
Counts Three and Four: 237 Dueber SW, Canton
Counts Five and Six: 1357 Maryland SW, ...