Login | April 17, 2026
COMMON PLEAS COURT
of MAHONING COUNTY, OHIO
Full text of Legal Notice
LEGAL NOTICE
JERRY M. BRYAN
Attorney At Law
HENDERSON, COVINGTON,
MESSENGER, NEWMAN
& THOMAS CO., L.P.A.
34 Federal Plaza W., Suite 600
Youngstown, Ohio 44503-1473
Telephone: (330) 744-1148
IN THE COURT OF
COMMON PLEAS,
MAHONING COUNTY, OHIO
120 Market Street
Youngstown, Ohio 44503-1751
Case No. 04CV 1684
COURT ROOM NO. 1
JUDGE JAMES C. EVANS
PLAINTIFF,
VS.
KENNETH H. ARBOGAST, ET AL.
DEFENDANTS.
The Defendant, Dorie Ann Arbogast, whose address is unknown and who cannot be served within the State of Ohio, will take notice that Plaintiff filed its Complaint in the Common Pleas Court of Mahoning County, Ohio, on the 17th day of May, 2004, in Case Number 04CV 1684, against Kenneth H. Arbogast, et al., Defendants, alleging that on June 7, 2004, John Emerson Arbogast and Dorie Ann Arbogast executed and delivered to Plaintiff a certain Note (hereinafter "the Note") in the amount of $21,600.00, a copy of which is attached to the Complaint as Exhibit "A"; that the Note is in default for failure to make payments of principal and interest when due; that Plaintiff is the holder and in possession of the Note; that the principal balance due thereon is $2,099.52, plus interest at the rate of 11.0% per annum from August 1, 2003, plus any other costs and expenses recoverable under the Note and Mortgage; that to secure the payment of the Note, John Emerson Arbogast and Dorie Ann Arbogast executed and delivered to Plaintiff an Open-End Mortgage (hereinafter "the Mortgage"), and thereby conveyed to Plaintiff the following-described real property as security for this debt:
Situated in the City of Struthers, County of Mahoning, and State of Ohio, and known as being the Northerly One-Half of Struthers City Lot No. One Thousand Four Hundred Forty-six (1446), according to the latest enumeration of lots in said City as shown in Volume 8 of Maps, Pages 117-133, inclusive of Mahoning County Records.
Said Northerly one-half of Struthers City Lot No. 1446 has a frontage of 50 feet on the Westerly side of Ridgeway Avenue and extends back between parallel lines 20 feet on the Northerly line, 200 feet on the Southerly line and has a rear line of 50 feet, as appears by said Plat, be the same more or less, but subject to all legal highways.
Known for street numbering purposes as 43 Ridgeway Street, Struthers, Ohio 44471
PERMANENT PARCEL NO. 38-008-0-050.00
that the Mortgage was received for record by the Recorder of Mahoning County, Ohio on June 7, 1979, and was recorded in Volume 1408, Page 291, Mahoning County Records, a copy of which is attached to the Complaint labeled as Exhibit "B." On or about May 15, 1984, Defendants, Kenneth H. Arbogast and P. Ethel Arbogast, having purchased from John Emerson Arbogast the subject real estate upon which Plaintiff holds the Mortgage described above, executed and delivered an Assumption Agreement to Plaintiff upon said Mortgage which there was due and owing to Plaintiff $20,889.30. Defendants, Kenneth H. Arbogast and P. Ethel Arbogast agreed to pay said sum with interest thereon from May 15, 1984 to Plaintiff, in accordance with the terms of the Note and Mortgage described above. Both the Note and the Mortgage were incorporated therein and made a part of the Assumption Agreement, a copy of which was attached to the Complaint labeled Exhibit "C"; that the Note and Assumption Agreement secured by the Mortgage are in default, whereby the conditions set forth in the Note, Assumption Agreement and Mortgage have been broken and Plaintiff is entitled to have the Mortgage foreclosed, said premises sold and the proceeds applied in payment of Plaintiff's claim; that the Mortgage is the first and best lien against the subject premises, after the lien of the Mahoning County Treasurer for real estate taxes; that the Treasurer of Mahoning County, Ohio, holds a claim on the property for real estate taxes; and that Defendants, Kenneth H. Arbogast, P. Ethel Arbogast, John Emerson Arbogast, Dorie Ann Arbogast and Ameritech may have or claim to have interests in or liens against the subject real property. On August 21, 1995, Defendants, Kenneth H. Arbogast and P. Ethel Arbogast filed a Voluntary Bankruptcy Petition under Chapter 7, Title 11, United States Code, in the United States Bankruptcy Court for the Northern District of Ohio, in Case No. 95-41460. On January 18, 1996, an Order of Discharge was entered in Case No. 95-41460, and on January 25, 1996, the case was closed. Included as a liability of the bankruptcy estate of Defendants Kenneth H. Arbogast and P. Ethel Arbogast is the obligation evidenced by the Assumption Agreement, and Plaintiff claims no rights to a judgment against Defendants Kenneth H. Arbogast and P. Ethel Arbogast for the deficiency, if any, between the amount of the aforesaid debt and the proceeds received from the sale of the above-described real property. The Complaint demands that the Defendants named therein be required to appear in this suit and set forth whatever interests they may have in and to the subject real property or be forever barred from asserting the same; that Plaintiff be found to have the first and best lien on said premises by virtue of the Note, Assumption Agreement and Mortgage; that it be found that the conditions of the Mortgage have been broken and that Plaintiff is entitled to have the same foreclosed and the subject premises appraised and sold in this action; and that the Court grant such other and further relief as equity and the nature of the case may require.
Dorie Ann Arbogast is further notified that she is required to answer said Complaint on or before the 16th day of November, 2004, within Twenty-eight (28) days of the last publication of this notice and set forth whatever interest she may have in and to the above-described real property or be forever barred from asserting the same.
HENDERSON, COVINGTON,
MESSENGER, NEWMAN
& THOMAS CO., L.P.A.
BY: JERRY M. BRYAN
Supreme Court No. 0055266,
GEORGE L. WHITE, IV
Supreme Court No. 0066803,
Attorneys for Plaintiff.
Sep 14,21,28; Oct 5,12,19, 2004 04-01407