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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 certain
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