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Filing # 95956997 E-Filed 09/19/2019 10:24:38 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A.,
Plaintiff,
CASE NO.: 42-2019-CA-000318
vs. DIVISION:
THE UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES,
OR OTHER CLAIMANTS CLAIMING BY,
THROUGH, UNDER OR AGAINST DAVID W.
KREBS, DECEASED
Defendant(s),
/
NOTICE OF HEARING
PLEASE TAKE NOTICE that PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS will
be called up for hearing before The Honorable Judge Edward L. Scott, of the above-styled Court in
the Marion County Judicial Center, 110 N.W. st Avenue, Courtroom 2C, Ocala, FL. 34475 on
October 23, 2019 at 10:45 AM, or as soon thereafter as counsel may be heard.
PLEASE BE GOVERNED ACCORDINGLY, TIME RESERVED: FIVE
MINUTES
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a good faith attempt to resolve this matter was made prior to
my noticing this motion for hearing or will be made before the hearing takes place if so required,
and the issues before the Court may be heard and resolved by the Court within Five (5) minutes.
A true and correct copy of the foregoing has been furnished by U.S. Mail or by eService to all
parties listed on the attached service list on this 19 __ day of September » 2019,
By: _/s/ Jessica Mortis
Florida Bar No, 88785
Albertelli Law
PO Box 23028
Tampa, FL 33623
(813) 221-4743
(866) 606-5136 ~ Judge Line
eService: servealaw@albertellilaw.com
hj - 17-010720
Electronically Filed Marion Case # 19CA000318AX 09/19/2019 10:24:38 AM
OS
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A.,
Plaintiff,
CASE NO: 42-2019-CA-000318
vs. DIVISION:
THE UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR
OTHER CLAIMANTS CLAIMING BY, THROUGH,
UNDER OR AGAINST DAVID W. KREBS, DECEASED,
etal,
Defendant(s).
NOTICE OF FILY AFFIDAVITS OF N STS
AND REASONABLE ATTORNEY'S FEES
Plaintiff, Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A., gives Notice of Filing of
Affidavits of Fees and Costs and Reasonable Attorney's Fees.
CERTIFICATE OF SERVICE
A
THEREBY CERTIFY that a true and correct opy of the foregoing has been furnished to all parties on the
attached service list by mail or eService on this ee lay of . 2019.
Albertelli Law
PO Box 23028
Tampa, FL 33623
(813) 221-4743
(813) 221-9171 facsimile
eService: servealaw@albertellilaw.com
AViGa Werte iawy
By: sn
<
17-010720/
Nathan P. Gryglewicz, Esq.
Florida Bar #762121
17-010720
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, N.A., SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A,,
Plaintiff,
CASE NO.: 42-2019-CA-000318
vs. DIVISION:
THE UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR
OTHER CLAIMANTS CLAIMING BY, THROUGH,
UNDER OR AGAINST DAVID W. KREBS, DECEASED,
etal,
Defendant(s),
/
LAINTIFF’S MOTION FOR S MAR NT
INCLUDING A HEARING
'O. TAX ATTORNEYS' FEES AND COSTS
Plaintiff, Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A., files this
Motion for Summary Judgment Including a Hearing to Tax Attorneys! Fees and Costs and says:
1 This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which
the Plaintiff's Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees
and Costs is based are set forth below.
Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Marion
County, Florida, the legal description of which is set forth in the Complaint,
Defendants were duly and regularly served with process.
‘The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be
foreclosed, is in default and is superior to any right, title, interest or claim of all
Defendants and all persons or entities claiming, by through or under them.
Attorney for Plaintiff will offer an affidavit detailing the facts surrounding the search for
the original note and circumstances supporting Plaintiff's contention that such is
irrevocably lost to the Court prior to or upon the hearing of this motion.
6, This pleading together with the Affidavits attached hereto, and all other pleadings filed
with the court, show that there are no genuine issues as to any material facts,
7. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a
matter of law upon its Complaint.
WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all
Defendants for the relief set forth in its Complaint.
CERTIFICAT. IF SERVICE
THEREBY CERTIFY that a true and correct copy of the yo has been furnished to all
parties on the attached service list by mail or eService on this day of September, 2019.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
(813) 221-9171 facsimile
eService: s law@albertellilaw.com
By
FLORIDA BAR NO,
+ 17-010720 - MSI
Nathan P. Gryglewicz, Esq.
Florida Bar #762121
Oo ee OR
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION
WELLS FARGO BANK, NA. SUCCESSOR BY
MERGER TO WACHOVIA BANK, N.A,,
Plaintiff,
CASE Ni -2019-CA-000318
vs. DIVISION:
THE UNKNOWN HEIRS, DEVISEES, GRANTEES,
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR
OTHER CLAIMANTS CLAIMING BY, THROUGH,
UNDER OR AGAINST DAVID W. KREBS, DECEASED,
etal,
Defendant(s).
AFFI VIT OF PLAINTIFF'S COUNSEL
AS TO
ATTORNEY'S FEES AND COSTS
STATE OF FLORIDA
COUNTY
OF HILLSBOROUGH
ON THIS DATE, before me, the undersigned authority, personally appeared the below affiant, who upon
being duly sworn, deposes and says as follows:
1 lam over the age of 2! and have personal knowledge of the matters set forth herein. [am an attorney with
the law firm of Albertelli Law, and represent our client in the above referenced foreclosure action. As an
attomey handling the day to day matters of this case, | am familiar with the services rendered and all costs
and expenses incurred on behalf of our client in prosecuting this action,
Albertelli Law has agreed to charge and the client has agreed to pay a flat rate attorney’s fee of $3450.00
for handling this matter. This is a standard fee within the industry for the services provided as described
herein.
Albertelli Law did not create any specific timekeeping records reflecting the amount of time spent on this
individual file.
1am familiar with the costs that Albertelli Law incurred on behalf of our client in this action. These costs
and expenses are as follows’
Costs:
Title Search Expense $390.00
Complaint Filing Fee $ 1,102.50
Service of Process $ 2,370.00
Lis Pendens Recording Fee $ 2150
EE
Notice of Action Publication $333.00
Heir Search $1,481.50
TOTAL $5,698.50
FURTHER AFFIANT SAYETH NOT.
Dated this Gu of 5 Gy 2019.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
(813) 221-917 Aacsimil
eService: sepealaw@afbertellilaw.com
B: sien
/- forida Bar No. :
Nathan P. Gryglewicz, Esq.
Florida Bar #762121
wasgAworn to and subscribed before me this G day of. GL
7
2019, wy Y “al . laf CE, Who is personally known sp me.
Sf"
ae PUBLIC, Plate of Florida /
17-010720
a “te ANA YANCI LINARES
wy
Sie
MY COMMISSION # GG67422
EXPIRES: January 30, 2021
Fi VI REASONABLE ATTORNEY: ES
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Bruce R. Insana, Esq., who upon first being
duly sworn on oath, deposes and says:
1 Tam an attomey at law duly authorized to practice in the State of Florida, I have been active in the practice
of law in Florida since May 1997, and I am personally familiar with the fees usually allowed Plaintiffs for
the services of their attorneys in suits to foreclose mortgages.
Tam familiar with Rule 4-1.5(b) of the Rules Regulating the Florida Bar, and have taken into consideration
the factors set forth in such Rule for the determination of reasonable attorney’s fees.
lam also familiar with and have considered the dictates of the Florida Supreme Court in the case of Florida8
Patient's Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla 1985) for the determination of reasonable
attorey’s fees.
Based upon my review as set forth, it is my opinion that a reasonable asserney's fee and paralegal fee to be
awarded to Plaintiff's attorney for services rendered is $5,000.00.
FURTHER AFFIANT SAYETH NAUGHT.
Bruce R. Insana, Esquire
Florida Bar No. 109071
The foregoing instrument was subscribed and sworn to before me this 24 day of July, 2019,
ye
10 RY PUBLIC, State pf Florida
Contmission Expinps?
2
age ANAYA NCI LINARES
ISSION # GGST422
ep Ors? EXPIRES: January 30,
é
2024 $
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Service List
Brian A. Koenig
2785 Allentown Road
Quakertown, PA 18951
Cynthia Ann Koenig
2785 Allentown Road
Quakertown, PA 18951
David Shane Koenig
63. N 5" Street, Apt. A
Souderton, PA 18964
Dawn R. Krebs
854 Old Bethlehem Road
Quakertown, PA 18951
Eric R. Krebs, Jr.
1765 Old Plains Road
Pennsburg, PA 18073
Errol R. Krebs, Jr,
1375 Reed LN
Kintnersville, PA 18930
Henry Karl Krebs a/k/a Karl Henry Krebs
1945 Pheasant Run Road, Apt. A
Quakertown, PA 18951
Jeffrey Scott Krebs
20 Kettle Creek Road
Westport, PA 17778
Keith Albert Krebs
1306 Jericho Road
Abington, PA 19001
Kurt D, Krebs
417 New Galena Road
Chalfont, PA 18914
Richard J. Krebs
104 FOUNTAIN AVE
BURLINGTON, NJ 08016
Unknown Party#1 N/K/A Shauna Devlin
528 Bahia Circle Run
Ocala, PL 34472
Unknown Party#2 N/K/A Brian Devlin
528 Bahia Circle Run
Ocala, FL 34472
**See Americans with Disabilities Act**
If you are a person with a disability who needs an accommodation in order to
participate in a proceeding, you are entitled, at no cost to you, the provision of
certain assistance. Please contact the ADA Coordinator for the Courts within 2
working days of your receipt of your notice to appear in Court at:
Marion County
Tameka Gordon
(352) 401-6701
Service List
The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other
Claimants claiming by, through, under or against David W, Krebs, deceased
Unknown
The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other
Claimants claiming by, through, under, or against Albert William Krebs, deceased
Unknown
The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other
Claimants claiming by, through, under, or against Henry A. Krebs, deceased
Unknown
Brian A. Koenig
2785 ALLENTOWN ROAD
QUAKERTOWN, PA 18951
Cynthia Ann Koenig
2785 ALLENTOWN ROAD
QUAKERTOWN, PA 18951
David Shane Koenig
63.N. Sth Street, Apt. A
Souderton, PA 18964
Dawn R. Krebs
854 Old Bethlehem Road
Quakertown, PA 18951
Eric R. Krebs, Jr.
1765 OLD PLAINS ROAD
PENNSBURG, PA 18073
Errol R. Krebs, Jr.
1375 REED LN
KINTNERSVILLE, PA 18930
Henry Karl Krebs a/k/a Karl Henry Krebs
1945 Pheasant Run Road, Apt. A
Quakertown, PA 18951
Jeffrey Scott Krebs
20 Kettle Creek Road
Westport, PA 17778
Keith Albert Krebs
1306 Jericho Road
Abington, PA 19001
Kurt D. Krebs
417 New Galena Road
Chalfont, PA 18914
Richard J. Krebs
104 FOUNTAIN AVE
BURLINGTON, NJ 08016
Unknown Party#! N/K/A Shauna Devlin
$28 Bahia Circle Run
Ocala, FL 34472
Unknown Party#2 N/K/A Brian Devlin
528 Bahia Circle Run
Ocala, FL 34472