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employers) and Gregg Kunkowski (as employee "General Manager")
entered an employment agreement. The employment agreement
provided for a 5-year term with an option to renew, compensation
equal to 20 percent of "the total gross sales of space in the
mausoleum", and rent-free occupancy by the Kunkowskis of "the
home renovated by them on the premises, indefinitely".
Construction of the second Woodbine mausoleum (Phase II)
began in 1987 and was completed in May 1989. In 1987, Gregg
Kunkowski, as manager of Woodbine, began to solicit customers for
crypts in the mausoleum to be constructed in Phase II. In 1987
Woodbine began to receive deposits and installment payments for
crypts in Phase II.
A customer who paid a deposit on a crypt in Phase II would
execute a contract setting forth the location of the crypt, the
price, and the payment terms (the crypt purchase contracts
generally provided that the customer would pay any unpaid portion
of the purchase price in equal monthly installments--without
stated interest--over a period of not more than 24 months).
Prior to completion of construction, the purchaser would receive
a Temporary Certificate of Ownership upon payment of the full
contract price for a crypt in Phase II and then a Certificate of
Ownership when the mausoleum was completed. After completion of
construction, the purchaser would receive a Certificate of
Ownership upon payment of the full contract price for space in
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Last modified: May 25, 2011