From: David Lynch <dnl1960 at yahoo.com>
To: Jason Smith Esq. <southernpiedmontlaw at gmail.com>
Cc: Charles Logan Lynch <clynch at lynchinc.com>
Sent: Thursday, March 23, 2023 at 01:07:44 AM EDT
Subject: Re: Request For Case Update
Jason,
In a honorable world, my father and Mary Anne would have set up a
collection of life insurance policies to cover the financial requirements
set forth in the divorce agreement also covering the two separate life
insurance policies in the divorce agreement.
Leaving no question as to the ownership of the 1905 Shepard name.
Since my father decided to place one final bet, where in his last will he
wagered $40,000.00 that my brothers and I would not take the estate to the
Ga appeals court.
Maybe more specifically, my father did not bank of the potential of a
lawyer accepting the case on contingency. My father under estimated you.
As we heard in the mediation, Lawrence may have folded when he accepted
the $40K.
The discovery looking into the estate and her personal finances is a big
step in tracing the money from Shepard.
Before Mary Anne sold 1075 Peachtree Battle at an under market amount,
Mary Anne should have offered the property to my brother's and me. Case
Closed.
My guess is that the legal fees were mounting, and Mary Anne was forced to
sell 1075 Peachtree Battle Ave in order to pay the lawyers.
On 31 May 2022, the judge ruled that no reasonable person could be found
to form a juror that after reading the divorce agreement, could come to
any conclusion other than my brothers and I are entitled to the debt to be
paid.
If after reading the 31 May 2022 Fulton ruling and the 28 Feb 2023 GA appeals court ruling, the law firm
became unreasonable to continue to advise Mary Anne that the estate is not
liable because the title dispute which the 31 May 2022 ruling called shady
logic.
Sadly, the cost incurred by Mary Anne to the Law firms maybe the exact
reason Mary Anne had to sell the property.
In mediation, Mary Anne was threatening us with having to pay her legal
fees. That is a good indicator that she has already paid out a significant
amount of money.
Mary Anne may never have thought by signing the agreement to be the
estate's executor, she opened her self up to personal liability.
The estate is most likely dry by design, but the Shepard long term
contracts had to go somewhere, million$.
When a law firm smells millon$ in money, they may be inclined to make
inflammatory knowingly false accusations of personal knowledge that I
threaten their clients life.
When questioned by Jack Park the law firm did not answer how they knew of
my supposed threat to their clients life.
Why the death threat accusation ii.
In 1977, a death experience was not Kool. Dr. Raymond Moody did publish
his book that coined the phrase near death experiences.
Winter 1977, Dr Lyndon Waugh asked me, "In your near death experience,..",
and I would interrupt him and say, "There was nothing near to it."
Law firms today tossing around inflammatory accusations, they should face
some kind of punitive damages for their verbal assault on my integrity.
If by chance Mary Anne is the person that made such an inflammatory
accusation, she should face some kind of punitive damages for her verbal
assault on my integrity.
In 1977, I did not have Ai to tell my story, but in 2023 I do.
If by intention Mary Anne is the person that made such an inflammatory
accusation, she should face burdensome punitive damages for her verbal
assault on my integrity.
My guess is that the law firm does not know about my death experience is
1977.
However; I am sure that Mary Anne knows of my death experience in 1977.
On the morning of 19 Jun 1977, a phone call woke my father and Mary Anne
to the fact that I was in jail.
To bail me out of jail required my father to use a property bond on 1075
Peachtree Battle Ave.
This is Mary Anne's Lynchpin moment.
Craft a settlement letter to her saying that I will settle for $250,000.00
plus my legal fees.
Continue that not paying the legal fees on top of the $250,000.00 will
result in my pursuance of mental anguish damages against her personally
not only the six year delay in meeting her judiciary responsibilities, but
for Mary Anne attacking me personally for the most horrific action in my
life, and an ignorant lawyer sucker punching me unconscious with his
reckless accusation as if from personal knowledge.
Also request that my brothers $250,000.00 should include their legal fees
on top.
In a perfect world,
David
On Wednesday, March 22, 2023 at 07:03:49 PM EDT, Jason Smith Esq.
<southernpiedmontlaw at gmail.com> wrote:
Absolutely! We will pursue her personally until we get the funds you
guys were promised. I am excited to go after her and to bring this
case to a successful conclusion.
Thank you,
Jason G. Smith, Esq.
LAW OFFICES OF JASON G. SMITH
15 Perry
Street
232 S. Dillard Street
Suite
111
Suite 240
Newnan, GA 30263 Winter Garden, FL 34787
(678)423-3177
(407)347-4333
On Wed, Mar 22, 2023, 5:20 PM David Lynch <dnl1960 at yahoo.com>
wrote:
Jason,
I appreciate the update.
The big issue for me was that the GA Appeals decision clearly states that
Mary Anne has potential personal liability, and I wanted to make sure she
is pursued personally as we continue with the estate.
Thank you,
David
On Wed, Mar 22, 2023 at 4:56 PM, Jason Smith Esq.
<southernpiedmontlaw at gmail.com> wrote:
Actually, I would call the Court of Appeals' decision a victory in the
sense that liability is the big question. We can and will amend our
claim against Mary Anne individually. In fact, we already have those
claims asserted in the Superior Court and the Probate Court.
We had to wait for the Remittur to be sent back to the Superior in order
to do anything. That happened last week. Now, Jack and I will
circle back and assert claims in both courts for breach of fiduciary duty,
constructive trust, and reassert personal liability against Mary
Anne. Based on the Court of Appeals ruling, she should be removed as
executor of the estate, and we should be able to force an accounting of
estate assets...and even her own assets.
While there is some litigation left to go, we have made it over the
proverbial hump, and I anticipate that we will fully recover on y'all's
claims. If you guys would like to talk by telephone, we can set up a
conference call.
Thank you,
Jason G. Smith,
Law Offices of Jason G. Smith
232 S. Dillard
Street
15 Perry Street
Suite
240
Suite 111
Winter Garden, FL 34787
Newnan, GA 30263
Phone: (407)
347-4333
Phone: (678) 423-3177
southernpiedmontlaw at gmail.com
www.southernpiedmontlaw.com
On Wed, Mar 22, 2023 at 4:33 PM David Lynch <dnl1960 at yahoo.com>
wrote:
Jason,
Three weeks ago, the Georgia appeal court ruled that the Estate is liable
for the debt, and Georgia appeal court ruled that Mary Anne is not liable
via the divorce agreement. http://lynchphoto.com/cjl/A22A1747_filing.pdf
However; Georgia appeal court ruled that Mary Anne maybe liable for
damages due to not meeting the fiduciary responsibility as executor.
Regarding moving the case forward, what are you plans?
I would like to aggressively peruse Mary Anne by filing a case against her
for not meeting the clearly stated fiduciary responsibility she accepted
as executor.
I had several conversations with Mary Anne regarding the divorce agreement
including the Fall of 2006 when Mary Anne made the statement to my face,
"Do not worry David. You will get yours."
I trusted in her words, and I respected she would meet her obligations.
Mary Anne has lived a life of luxury because of Shepard's money.
In 1971, if the banks would have lent money to a single mother Jeanne, she
would have kept the companies and Mary Anne would not have seen cent one
from Shepard.
The pain and suffering that Mary Anne has caused me in the past 6 years
has been torturous. Combined with Mary Anne's lawyer accusing me of
threating Mary Anne's life.
Again, the pain caused by Mary Anne and her lawyers is pure anguish.
I fully expect Mary Anne will be required to pay my legal fees, and I
expect Mary Anne to face tremendous damages for her malicious actions that
she has taken all the way the the Georgia appeals court.
If you are not willing to aggressively peruse Mary Anne for damages, I
will seek out a lawyer that will file a case against Mary Anne.