MOTION FOR JUDGMENT

JOHN J. THARP, JR., District Judge.

Now comes the Defendant, FORD ACCEPTANCE CORPORATION ("Ford"), by and through its attorney, Sigi M. Offenbach, and requests judgment for funeral expenses in this matter and in support thereof, states as follows:

1. Ford is an Illinois corporation which is in the business of financing funerals.

2. On information and belief, John Shoun Benford died on May 26, 2019.

3. On information and belief, John Shoun Benford owned life insurance policies which were the subject of the Complaint for Interpleader and attached to the Interpleader as Exhibits A and B ("Policies").

4. On information and belief, the potential beneficiaries of the Policies are Carmen Benford, Carlos Castleberry and S.H.(a minor).

5. Ford financed the funeral for Lee Taylor.

6. In order to secure the financing of the funeral, Carmen Benford executed an assignment form assigning the proceeds of the Policy to Gatling Chapel Inc., and Gatling Chapel Inc. reassigned the proceeds of the Policy to Ford. A true and correct copy of the Assignment/Reassignment form is attached hereto and marked as Exhibit "A." This exhibit further provides that upon default, Ford shall be entitled to recover all costs of collection, interest and attorney fees.

7. In reliance of Exhibit A, Ford paid for the funeral of John Shoun Benford.

8. Although often requested, Ford has not received the compensation for the funeral expenses it paid.

9. Both Carlos Castleberry and Najeea Hemphill, mother and next friend of S.H. (a minor), have agreed in open court to the validity of the Ford assignment.

10. Carmen Benford has also acknowledged the validity of the Ford assignment. In her answer to paragraph 5, she states that she did contract with Ford and in her answer to paragraph 20, she states that she signed the assignment for $9,287.31 from Ford.

11. In accordance with the Illinois Probate Act, 755 ILCS 5/18-10, funeral and burial expenses are the first priority in claims in the decedent's estate and unpaid amounts due earn up to 9% per annum.

WHEREFORE, FORD respectfully requests that the Court enter an Order distributing the sum of $9,287.31, plus interest, court costs, and attorney's fees to FORD.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

AFFIDAVIT OF DAVID LEVINE

David LeVine, being first duly sworn on oath, states and deposes as follows:

1. I am the corporate secretary and one of the directors of Ford Acceptance Corporation.("Ford") and am familiar with the facts herein and if called upon to testify, could competently testify to the following facts.

2. Ford is an Illinois corporation which is in the business of financing funerals.

3. According to Ford's records, John Shoun Benford died on May 26, 2019.

4. According to Court records, John Shoun Benford owned life insurance policies which were the subject of the Complaint for Interpleader and attached to the Interpleader as Exhibits A and B ("Policies").

5. Ford financed the funeral for John Shoun Benford.

6. In order to secure the financing of the funeral, Carmen Benford ("Carmen") executed an assignment form assigning the proceeds of the Policies to Gatling Chapel Inc., and Gatling Chapel Inc. reassigned the proceeds of the Policy to Ford. A true and correct copy of the Assignment/Reassignment form is attached hereto and marked as Exhibit "A."

7. That Assignment/Reassignment form contains a Promissory Note in which Carmen promised to pay Ford the sum of $9,287.31, with interest, costs and reasonable attorneys' fees incurred for the collection of the Note.

8. In reliance of Exhibits A, Ford paid for the funeral of John Shoun Benford.

9. Although often requested, Ford has not received the compensation for the funeral expenses it paid.

10. In order to collect on the Promissory Note, Ford had to participate in the instant lawsuit and retain the firm of Pitler and Mandell.

11. Therefore, Ford is owed $9,287.31, plus attorney's fees, interest and court costs. Further, Affiant sayeth naught.

Signed and sworn before me the 28 day of February, 2020.