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Dr. Forgotson sent copies of the letter to Alice Berger and
Howard Berger's attorney. On October 21, 1987, the Superior
Court of New Jersey, Chancery Division, Family Part, Monmouth
County (the Chancery Court),
ORDERED that plaintiff [Alice Berger] and/or her
attorney [Dr. Forgotson] be and is hereby restrained
from interfering with defendant's [Howard Berger's]
receipt of income as a partner of the Woodbine Cemetery
& Mausoleum in the amount of $500 per week * * * .
On December 18, 1987, the Chancery Court issued an order
confirming that Howard Berger was entitled to draw $500 per week
from the Woodbine business, retroactive to September 24, 1987.
During property settlement negotiations, Howard and Alice
reached an impasse. Both of them wanted Woodbine, and neither
was willing to let the other have it. To break the impasse,
Howard and Alice Berger agreed that whoever was awarded Woodbine
would sell it to Gregg and Julia Kunkowski for $680,000. On May
28, 1988, Howard and Alice Berger and Gregg and Julia Kunkowski
executed an agreement (sale agreement), which stated:
In the event that I, Alice Berger or I, Howard Berger,
am awarded the property and business known as "Woodbine
Cemetery" * * *; I will immediately sell Woodbine
Cemetery to my daughter and son-in-law Julia B. and
Gregg W. Kunkowski, who have been managing the business
for the past two years.
In late 1988, Gregg Kunkowski began to solicit deposits and
installment payments for crypts in a planned Phase IIIA
mausoleum, construction of which did not commence until after
November 17, 1989. Total deposits received on Phase IIIA crypts
prior to November 17, 1989, totaled $49,616.
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