From: David Lynch <dnl1960 at yahoo.com>
To: David Moore <dmoore at oaklandcemetery.com>
Sent: Monday, October 10, 2011 5:48 PM
Subject: Monday, June 28, 2010 2:04 PM

David,

I called you today. Your voice mail said that you were in the office and would call me as soon as possible.

I have been trying to have a face to face meeting with you for quite some time.
Ever since Dustin and I were trying to find ways to prolong the West wall of block 107's demise..
See the below email request dated Monday, June 28, 2010 2:04 PM.

Jim Weathersby has advised me to stop sending email to the Oakland Foundation and to Sam Reed.
Please remind Jim Weathersby that Sam Reed is not an employee of the Oakland Foundation.

I understand Jim Weathersby's frustration with the situation, but the content of my email is non threatening,
the email is not harassing, and the number of my correspondence were not out of the ordinary.
Avoiding the situation is not a viable solution.

Jim Weathersby has clearly stated that no work will be done on any restoration without agreement for payment from the lot owners.
Yet the September 27th 2011 letter from the Oakland Foundation states that work will be performed on the mausoleums.
There are many mausoleum families with living descendant lot owners.

After advising Jim Weathersby that Sara Chapman of the Oakland Foundation and I are blood descendants of the Kiser family,
Jim Weathersby did not request a payment agreement for restoration to the Kiser mausoleum.
Since Jim Weathersby has not informed me that there will be no work performed on the Kiser property,
I am very frustrated with this inconsistency of the Oakland Foundation.

By far my frustration with the Lynch family is much greater a disappointment.
At the current rate of decay, the wall and my father may end up collapsing around the same time.
Since my father has no intention of resting in Oakland Cemetery,
there is little leverage that can be applied for him to act on a preventative restoration.

I am the last Lynch in the James Lynch line.
There are a number of Lynch named descendants from Patrick Lynch,
but they have quit claim deeded the East half of their lot 4 to a Mary L. Erwin.
Whomever she is..

The West wall holds up the Peter and John Lynch sections,
and I have not found any Lynch named descendants from Peter Lynch,
and there are no Lynch named descendants from John Lynch.

When the West wall of block 107 falls, the City of Atlanta will waste no time in contacting me.
My only course of action will be to lift as many stones as I can up on to Lynch property,
then I am sure that the City of Atlanta will bring a law suit against the Lynch family.

At that point,
my collection of email including this one questioning the lack of lot owner payment for the
restoration of the Kiser mausoleum will be included in the Lynch family defense.

If in the ten phase project block 107 is to be restored,
why will the Oakland Foundation not accellerate the phase that includes the West wall of block 107.

Again we should have a face to face meeting..

Regards,
David Noel Lynch

David

----- Forwarded Message -----
From: David Lynch <dnl1960 at yahoo.com>
To: David Moore <dmoore at oaklandcemetery.com>
Sent: Monday, June 28, 2010 2:04 PM
Subject: Meeting

David,

I would like to sit down and talk with you regarding the Lynch block 107 situation.
Please do let me know when is good for you.

Laters,
Dave

From: jweathersby <Jweathersby at oaklandcemetery.com>
To: David Lynch <dnl1960 at yahoo.com>
Cc: Sam Reed <OaklandSexton at AtlantaGa.Gov>; Dmoore <dmoore at oaklandcemetery.com>
Sent: Monday, October 10, 2011 9:01 AM
Subject: RE: Letter from the Oakland Foundation

David—I’m done trying to explain the Foundation’s position to you.
Please do not send any more emails to me, David Moore, Sam Reed or anyone else associated with the Foundation.

Jim

From: David Lynch [dnl1960 at yahoo.com]
Sent: Saturday, October 08, 2011 4:02 AM
To: jweathersby
Cc: Sam Reed; Dmoore
Subject: Re: Letter from the Oakland Foundation

Jim,

From my lot owner perspective when the Oakland Foundation trespassed
on Lynch property to restore the tornado damaged monuments in block 107,
the work was performed free of charge to the Lynch family.
The money did not come out of Lynch family pockets..
Thus the restoration was free of charge.
Free..

From the Oakland Foundation perspective,
funds from sources like FEMA were used to restore the Lynch monuments.
Thus the restoration was not free of charge.
Not Free.

The letter regarding Oakland Foundation membership requests
money from me that is to be used for the continued restoration of Oakland Cemetery.
The below email states very clearly that the funds to restore the West wall of block 107 must come from the Lynch family,
and the Oakland Foundation has no intention of ever using donations nor government grants to restore the West wall of block 107.

The Oakland Foundation in the first four phases of restoring Oakland Cemetery
have set a legal president that lot owners are not to be charged for restorations.
This places an obligation on the Oakland Foundation to restore critical structures
like the West wall of block 107 without charge to the lot owners.
Free...

At some time in the future of the ten phase restoration project,
the Oakland Foundation will be faced with the repair of the West wall of block 107.
Not restoring the West wall of block 107 will then become a legal issue,
and the Oakland Foundation will have acted in prejudice against the Lynch family.

The wise move would be to make the repairs now before the wall falls and increases the cost of repair considerably.

Do what the Oakland Foundation so proudly proclaims in their letters requesting money,
help save a small part of a great treasure.

Step up to the plate for a pioneer family of Marthasville.

Regards,
David Noel Lynch

From:jweathersby <Jweathersby at oaklandcemetery.com>
To: David Lynch <dnl1960 at yahoo.com>
Cc: Sam Reed <OaklandSexton at AtlantaGa.Gov>; Dmoore< dmoore at oaklandcemetery.com>
Sent: Friday, October 7, 2011 3:07 PM
Subject: RE: Letter from the Oakland Foundation

David—The Foundation is not conducting free work for anyone.
Either the family, a government grant, or some other source of income has given the Foundation the money to perform the work.

Again, the Foundation will not perform any work without secured payment.
I can get Dustin Hornsby to give an estimate of the cost to restore the wall. If you can secure the money for the work, we will be happy to perform it.

Jim

From: David Lynch [dnl1960 at yahoo.com]
Sent: Thursday, October 06, 2011 7:33 PM
To: jweathersby
Cc: Sam Reed; Dmoore
Subject: Re: Letter from the Oakland Foundation

Jim,

To suggest a payment plan is the most generous offer that anyone associated with Oakland Cemetery has made to date.

However; over the past few years, the Lynch family members have failed to respond to my multitude of emails regarding the failing wall.

To give you an idea of ownership, the block 107 was originally purchased by Patrick, John, James, and Peter Lynch.
The block was divided into quarters. James Lynch obtained lot 1, John Lynch obtained lot 2, Peter Lynch obtained block 3, and Patrick Lynch obtained lot 4.

The failing wall is holding up the West side of lots 2 and 3.
There are no living descendants of lot 3's John Lynch. Lot 3 has no open graves.
Only one descendant of lot 2's Peter Lynch, Stephen Badessa, has regular contact with me. Lot 2 has two open graves.

The descendants of lot 4's Patrick Lynch, John and Betty Lynch, rarely respond to any of my emails. Lot 4 has no open graves.
(There is a quit claim deed on the East half of lot 4 to Mary L. Erwin. )
The descendants of lot 1's James Lynch do not respond to any of my emails. Lot 1 has two open graves.

At this point, the burden falls on me, and unless $100.00 a month will work as payment, I am not in a position to pay for such repairs..
Let say by some miracle, I can secure half the needed money to repair the wall, will the Oakland Foundation pay the rest?

It pains me to see that the Oakland Foundation is performing free restorations of other lots with the living owners not being required to pay for the work.
When the ten phase project gets to block 107, it will be a real tragedy for the Oakland Foundation to skip over the block.
By that time, the wall will have fallen, and monuments will have been broken.

If the Oakland Foundation will get Dustin to remove the cap stone on the section of failing wall in lot 3,
I will dig the dirt out so the wall stones can be pushed back in place...

Regards,
Dave


From:jweathersby <Jweathersby at oaklandcemetery.com>
To: David Lynch <dnl1960 at yahoo.com>
Cc: Sam Reed <OaklandSexton at AtlantaGa.Gov>; Dmoore< dmoore at oaklandcemetery.com>
Sent: Thursday, October 6, 2011 4:37 PM
Subject: RE: Letter from the Oakland Foundation

David—The Foundation will only do the work when we have the money.
I suggest that we get you and your family members together and work out a payment plan.
Can you arrange for you and your family members to meet with us?

Regards,

Jim

From: David Lynch [dnl1960 at yahoo.com]
Sent: Thursday, October 06, 2011 4:11 PM
To: jweathersby
Cc: Sam Reed; Dmoore
Subject: Letter from the Oakland Foundation

Jim,

Recently, a letter arrived from the Oakland Foundation requesting my continued financial support in the form of membership dues.

The letter clearly states that the Oakland Foundation has a ten phase project aimed to restore Oakland Cemetery.
In which phase is block 107?

In your previous letter,
you informed me that restoration of the failing wall on the Lynch block 107 would not be performed
without a written agreement that the money spent would be repaid by the Lynch family.

In phase 3 that is currently working on the restoration of the original six acres,
will the Michael Lynch grave marker be restored? Currently the marker is broken and laying flat on the grave.
If the marker is fixed, will the Lynch family be charged?

In phase 4 that is currently working on the restoration of the mausoleums,
is the Kiser mausoleum in line for restoration.
Will the known living Kiser descendants be charged for the work rendered?

Clearly the intent of the Oakland Foundation is to restore Oakland Cemetery.
Thus at some point, the Lynch block 107 will be slated for restoration in the ten phase project.

Since at a future date, the restoration is to be performed on block 107,
why does the Oakland Foundation not put critical restorations at the top of the list,
and why does the Oakland Foundation insist on a written agreement securing repayment
with the Lynch family before work is to be performed?

Using this lot owner repayment agreement logic,
the Kiser family would be required to sign a written agreement with the Oakland Foundation
before work would be performed on the Kiser mausoleum.

Which brings the Oakland Foundation back to me.
Marion Columbus Kiser is by blood my third cousin three times removed,
and Sara Chapman of the Oakland descendant campaign committee is a much closer relative to Marion.
Keep in perspective that I am related to many families resting in Oakland. Many families spanning the 48 acres..

If work is performed on properties like the Kisermausoleum with known living lot owners,
and the lot owners are not required to sign repayment agreements,
the requirement by the Oakland Foundation upon the Lynch family for repayment is not reasonable nor customary.

I consider the actions of the Oakland Foundation to be prejudiced with malice against the Lynch family.

Thus I petition the Oakland Foundation to accelerate their ten phase project, and to restore the block 107 walls.

Sincerely,

David Noel Lynch

From:jweathersby<Jweathersby at oaklandcemetery.com>
To: David Lynch< dnl1960 at yahoo.com>
Sent: Thursday, September 15, 2011 4:15 PM
Subject: RE: Block 107

Hi David,

I’m sorry I’m just now getting back to you on this. I did inquire about fixing the wall.
The Foundation cannot do the work without an agreement from the lot owner or owners to pay the Foundation to do the work.
The city could do the work but doesn’t have the money at this point. Clearly, the wall needs to be fixed.

This is a difficult situation. Is there any way that your family could pay for the repairs?
If not, that is completely understandable.
Hopefully, the city will find the money to do the necessary work soon.

I am sorry that I could not give you a more definitive answer.

Regards,

Jim