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The settlement agreement also set forth the terms of the
sale agreement requiring whoever was awarded Woodbine (Alice
Berger) to sell it to Gregg and Julia Kunkowski for $680,000.
On March 14, 1989, Howard and Alice Berger and their
counsel appeared in the Chancery Court and entered into the
record the terms and conditions of the settlement agreement.
Alice Berger testified that she understood the terms of the
settlement agreement, that she had participated in its
negotiation, that she agreed the settlement was fair and
equitable, that no one had compelled her to accept its terms, and
that she would abide by them if they were made a part of the
Court's judgment.
Howard Berger's beneficial ownership interest in the
Woodbine assets and business ceased on March 14, 1989.
Thereafter, he no longer received weekly payments of $500 from
the Woodbine business account, although several of his personal
bills that had accrued prior to March 14, 1989, were paid
thereafter. During 1989, Howard Berger received $10,034 from the
Woodbine business account, $7,795 of which was paid prior to
March 14, 1989.
From March 20 until November 13, 1989, Alice Berger received
weekly payments of $1,000 (twice as much per week as she had been
receiving prior to March 14, 1989) from the Woodbine business
account. In addition, some of her personal expenses continued to
be paid from the Woodbine business account. During 1989, Alice
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