Prosser et al v. XTO Energy, Inc.

Filing 67

ORDER granting 66 Motion for Default Judgment against Defendant Laurin D. Fronduto, aka Laurin D. Weir. Signed by Judge Gregory L Frost on 7/1/14. (kn)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO - EASTERN DIVISION

Mark A. Prosser and Greta L. Prosser,
Plaintiffs,
v.
XTO Energy, Inc., et al.,
Defendants.

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Case No. 2:12-CV-0883

Judge Gregory L. Frost

ORDER OF DEFAULT
Plaintiffs Mark A. Prosser and Greta L. Prosser have moved this Honorable Court for
default judgment against Defendant Laurin D. Fronduto, a/k/a Laurin D. Weir, pursuant to Fed.
Civ. R. 55(b). See ECF No. 66. The Clerk of this Honorable Court previously entered default
against Laurin D. Fronduto, a/k/a Laurin D. Weir on June 26, 2014. See ECF No. 65.
On April 23, 2014, designated as ECF No. 55 on the docket, Laurin D. Fronduto,
a/k/a Laurin D. Weir, was served with a Summons and a copy of the Amended Complaint at
4627 Columbus Way S., St. Petersburg, FL 33712. The Certified Mail receipt was returned
“unclaimed” (ECF No. 59). Under Local Rule 4.2(c), ordinary mail service was completed by
the clerk upon Laurin D. Fronduto, a/k/a Laurin D. Weir on May 23, 2014 (ECF No. 61).
Defendant has failed to Answer, move, or otherwise plead within the time
permitted, and therefore is now in default.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Plaintiffs’ Motion for
Default Judgment against Laurin D. Fronduto, a/k/a Laurin D. Weir is hereby granted.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED all right, title, and interest
in the surface estate and oil and gas minerals, royalty, leasehold interests, and mining interests
which are or may be held by Laurin D. Fronduto, a/k/a Laurin D. Weir are hereby quieted and

vested into Plaintiffs Mark A. Prosser and Greta L. Prosser as the current owners of 122.351
acres of real estate in Sections 11 and 12 of Union Township, Belmont County, by virtue of the
General Warranty Deed from Countrytyme Grove City Ltd., an Ohio limited liability company,
to Mark A. Prosser and Greta L. Prosser, husband and wife, for their joint lives, remainder to the
survivor of them, dated January 9, 2009, filed for record January 16, 2009, and recorded in
Volume 175, Page 936 of the Belmont County Official Records, and more fully described as
follows:
Situated in the Township of Union, County of Belmont and State of Ohio, and
known as a part of the Northeast Quarter of Section 11, Township 8, Range 5, and
part of the Southeast Quarter of Section 12, Township 8, Range 5, and being all of
the following six tracts by Deed, 15.33 acres, Parcel No. 39-00499.000; 50 acres,
Parcel No. 39-00501.000; 9.00 acres, Parcel No. 39-00500.00; 49.75 acres, Parcel
No. 39-01382.000; 0.60 acre, Parcel No. 39-01384.000; and, 0.847 acre, Parcel
No. 39-01387.000, owned by Estate of Ann Marie Hurchot, Deed Volume 801,
Page 265, and being described as follows:
Beginning at the Northeast corner of Section 11 at a point in a Bridge and known
as the true place of beginning of the tract herein described, thence with the east
line of said section, S. 00° 56’ 10” W. 1,757.26 feet to an iron pin found capped
Kyer on the east side of Township Road 385.
Thence leaving said section line and crossing said road, S. 55° 48’ 18” W.
1,895.34 feet to a point in a Cherry tree and passing an iron pin found capped
Kyer at 1,892.35 feet.
Thence N. 30° 02’ 20” W. 1,476.11 feet to an iron pin found capped Kyer and
passing an iron pin found capped Kyer at 3.52 feet.
Thence S. 89° 22’ 00” W. 250.38 feet to an iron pin found capped Hamilton.
Thence N. 15° 44’ 39” E. 305.65 feet to an iron pin found capped Hamilton.
Thence N. 15° 44’ 39” E. 369.89 feet to an iron pin found uncapped.
Thence N. 13° 47’ 18” E. 219.44 feet to an iron pin found uncapped.
Thence N. 09° 14’ 54” E. 341.39 feet to an iron pin found in County Road 72 and
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passing an iron pin set at 308.98 feet being a 5/8 inch by 30 inch rebar capped
WDM 6048 as are all that are set.
Thence with the centerline of said road, N. 47° 04’ 34” E. 455.65 feet to a point in
a bridge.
Thence N. 01° 32’ 20” W. 32.33 feet to an iron pin found in the creek and on the
north line of Section 11.
Thence with said section line N. 89° 52’ 33” E. 1,137.44 feet to an iron pin set.
Thence leaving said section line N. 00° 07’ 27” W. 30.00 feet to an iron pin set.
Thence N. 75° 07’ 18” E. 551.69 feet to a point in County Road 72.
Thence leaving said road, S. 00° 00’ 00” W. 83.00 feet to a point in the creek and
passing an uncapped iron pin found at 40.25 feet.
Thence with said creek N. 77° 35’ 03” E. 99.49 feet to a point in creek.
Thence S. 67° 55’ 43” E. 210.46 feet to a point in Township Road 385, and on the
East line of Section 12.
Thence with said line, S. 00° 38’ 49” W. 29.18 feet to the place of beginning and
containing 122.351 acres (1.754 acre in Section 12 and 120.597 acres in Section
11).
Surveyed under the supervision of William D. McCullough, Registered
Professional Surveyor #6048, in November, 2008. Basis of bearing the North line
of Section 11, N. 89° 52’ 33” E., by previous survey, but subject to all legal
streets and restrictions of record.
Except, however, taxes and assessments now and hereafter a lien, all of which the
Grantee hereby assumes and excepting all conditions, leases, restrictions, and
easements of record for said premises, subject to all of which this conveyance is
made.
Prior Instrument Reference: Book: 172, Page 407 of the Official Records of
Belmont County, Ohio.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED there is no just reason for
delay in entering judgment, and this is a final appealable order.

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Dated this 1st day of July, 2014.
/s/

Gregory L. Frost

Honorable Gregory L. Frost
United States District Judge

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