Published: July 03, 2008 07:29 pm      

Lemke sues brother over funeral homes’ purchase

CLINTON — John C. Lemke, manager of JCL Services LLC and through his attorney Gary J. Rolfes, has filed a contract claim in Clinton County District Court against Lemke Funeral Homes LLC and George and Tina Lemke.

John Lemke is seeking a temporary injunction against his brother and sister-in-law, claiming they agreed to sell the funeral home business to him, then failed to perform the contract.

In the suit, John Lemke claims George Lemke requested John purchase Lemke Funeral Homes. The court document states that on March 3, George and Tina Lemke agreed in writing to sell John Lemke the funeral home business including the north chapel, the south chapel, a personal residence on Pershing Boulevard, hearse, limousine, removal van, all equipment, machinery and tools used in a funeral, the embalming and cremation business, fixtures, furniture and decorative items, all phone numbers, Web sites, domain names, all pre-paid funeral contracts and the operating name Lemke Funeral Homes.

The document states that upon execution, John Lemke commenced exclusive operation of Lemke Funeral Homes and made installment payments to George and Tina Lemke, as the two transferred all utilities and the residence to John Lemke. John Lemke claims he has paid all utilities and insurance premiums since the agreement date. John Lemke further states he has paid George Lemke sums in excess of $9,000, a salary to Tina Lemke, payments to lenders of more than $17,000, a downpayment of $17,000 for the real estate to George and Tina Lemke, $9,000 for improvements to the residence, mortgage payments beginning in May and all expenses for operation of the funeral homes. The petition states John Lemke also hired additional staff and another funeral director.

John Lemke claims that since the agreement, George and Tina Lemke have failed to perform the contract and have taken control of the phone numbers and answering service, retaken possession of the funeral homes and changed the locks and taken control of John Lemke’s accounts receivable while in exclusive possession and operation of the funeral homes. The petition says all the actions prevent John Lemke from continuing to operate the homes and conduct funeral services, which will cause irreparable injury to John Lemke and effectively put him out of business in Clinton.

The petition requests the court require George and Tina Lemke to perform the contract to complete the sale and the court issue a temporary injunction to restrain George and Tina Lemke from interfering with or preventing John Lemke from possessing and operating Lemke Funeral Homes and restrain George and Tina Lemke from converting John Lemke’s accounts receivable to their use.

The petition states a restraining order will do no harm to George and Tina Lemke because all payments to them have been made.

The petition also states that by the failure to perform the contract, John Lemke has incurred expenses and suffered damages and requests the court award a full and fair amount for the damages and interest.

Tina Lemke declined to comment on the claims.

A hearing on the petition is set for 1:30 p.m. July 11.