- 14 - Berger received, directly or indirectly, $61,404 from the Woodbine business account, $7,560 of which was paid prior to March 14, 1989. On April 24, 1989, the Chancery Court entered a Judgement For Divorce. The judgment incorporated the settlement agreement and was stated to be effective as of March 14, 1989. The Chancery Court did not purport to pass on whether the settlement agreement was fair and reasonable, but stated that, based upon its observations and the parties' testimony, the settlement agreement had been voluntarily and knowingly entered into by the parties with able assistance of counsel. The Chancery Court determined that the settlement agreement became binding as a contract and as a judgment of the Court. The requirement in the settlement agreement for a subsequent sale of Woodbine to Gregg and Julia Kunkowski was placed in the Judgement for Divorce at the insistence of Gregg Kunkowski. On May 8, 1989, Gregg Kunkowski wrote the following letter, on the Woodbine letterhead, to Alice Berger and Howard Berger, and to Julia's sister and brother, Florence and Richard Berger, who play no roles in this case: May 8, 1989 Dear Alice, Florence, Howard, & Richard I am writing this letter to appraise [sic] all of you of the situation which now exists here at the Cemetery and is of the utmost importance to all of us. When building mausoleums in phases, as we are doing at Woodbine, it is common practice to segregate a certainPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011