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  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
  • WELLS FARGO BANK NA vs KOENIG, CYNTHIA ANN et al Circuit Civil 3-C document preview
						
                                

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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 $ oe 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