Free Letter - District Court of Delaware - Delaware

’ Case 1 :07-cv-00034-SLR Document 26 Filed 06/27/2007 Page 1 of 4
`~· ~., r _ -s-._ DavidIBud1anan
/ pl _ 34S06HudsmrRd
‘ _ 1 _ JU i].2tuI€l,DE 19956
; N 2 7 2007 / Y r
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CTJUDG
June 21,2007 , ,5 ,
S(`Q"·*“`»‘ V7 ed
Chief Judge Sue L. Robinson O
U. S. District Court for the District of Delaware
844 North King Street., Room 4209
Lock Box 3 1
Wilmington, DE 19801
RE; Buchanan v. Gay, et all., and Appeal of Bankruptcy Order
No. 07»34- SLR, O6—'?l1—-SLR
Your Honor:
In response to your Orders pertaining to both cases captioned above, I have included a
copy of a Family Court Pre- Trial Order. This Family Court Order was issued on September
13, 2004, for the matter of custody for which I petitioned the Family Court on or about
November 5, 2002, while my daughter was living with me at the Farm in Delaware, nearly
two years prior to the pre trial. If you take notice that the Family Court at- this point
acknowledges that the child has been kept hom contacting me for nearly two years, that I have
complied with the prior Court order to complete a psychological evaluation, and that the
attorney for the CASA (Kristen Gibbons, Esquire) was present for these proceedings, where
Delaware law only allows the Court to isolate a child from a parent for up to 6 months without
cause, gives cause to believe that such counsel involved in this proceeding did in fact mislead
the Family Court with the intent to prevail, where the attorney for the CASA did not
adequately protect the rights ofthe child or the child’s father.
Ifyou would please take notice, in the arguments presented by counsel pertaining to
“obtaining permission from the Bankruptcy Cotut on matters of property". If Your Honor,
compares these claims presented to the Family Court with the docket ofthe Bankruptcy Court,
you will notice that there had been no such attempt to gain relief of stay for such matters by
the opposing parqr, where it appears that the frrst entry by Mr. Tyler is docket #25 Objection
to Conjirmcrrion on November 8, 2004, then docket # 46 for Relief0fStt1y, tiled on February
10, 2005 (after the November 29, 2004 custody hearing). I would also like to point out the
Family Court’s acknowledgement of "arrearages on the mortgages", brought before the
Family Court by Barbara H. Buchanan, by and through Thomas E. Gay, Esquire, where it is
not noted that Barbara H. Buchanan has an equal contractual obligation to pay such
mortgages, and that she has tiled a fmaricial report with the Family Court reflecting her
Taxable income adequate to support all mortgage obligations pending property division while
omitting her military non-taxable housing allowance valued at $2000 per month, where it is

' Case 1:07-cv-00034-SLR Document 26 Filed 06/27/2007 Page 2 of 4
• Page 2 June 21, 2007
acknowledged by the Family Court Letter Order, that I was in fact in need of medical attention
requiring COBRA coverage.
mere it is noted on page one ofthe Pre—Tria1 order that an Emergency Order dated
August 25, 2004, consolidated an emergency request seeking extended health coverage, and
the Custody proceedings, gave cause to serve subpoena duces tecum for Barbara H, Buchanan
to bring Hnancial records requested to the Court.
This Order acknowledges that Counsel for Barbara H. Buchanan, Thomas E. Gay,
Esquire, and James B. Tyler, HI, Esquire, and Counsel for the CASA Kristen S. Gibbons,
Esquire, moved the Family Court in unison to; 1) Impair Federal medical benefits afforded
Ex—husband. 2) Interfere with parental, and child family rights. 3) interfere with the
compliance of a Subpoena. 4) Knowingly impairing the performance of mortgage contracts
and avoiding service of Foreclosure. 5) Misleading the Family Court Judge by arguing that
Bankruptcy also stays the Courlfs action on support, and medical heath insurance, where it is
evidenced by Mr. Gay’s billing submitted to the Family Court that he in fact reviewed the
Bankruptcy and Bankruptcy law prior to attending the September 3, 2004 proceeding.
At the time of this order the party°s have been divorce for over a year without a
property division hearing, leaving in place mortgage contracts for which both David J.
Buchanan and Barbara H. Buchanan were required to pay, where it is noted on several court
documents that David J. Buchanan was and is providing the only support to such mortgages.
It is very important that Your Honor understand that I have attempted on several occasions to
refinance and buy my ex—wife’s property interests in a fair equitable exchange, and that all
attempts to settle such issues have been avoided by her counsel. Where ex—wife°s counsel
stipulated on February 7, 2006, that they would provide appraisals to the Court on March 21,
2006, it came as a surprise to me that such lack of claim supported by appraisal was not cause
to dismiss ex—wife’s claims to property pursuant to F.C.K l2(b)(6) before Judge Henriksen,
where he is noted as prevailing in his own divorce proceedings in recognition of the same rule.
It has not been my intent to not comply with an order to sell such properties, where I have
presented listing agreements to my wife on or about the day of divorce, for her to
acknowledge a value for which I could purchase her interest It is also imperative that Your
Honor understand the circumstance for which Badoara H. Buchanan, proceeded in obtaining a
Family Court Order to evict me nom my home and farm, where she without notice attempted
to enter the former marital home, with the assistance ofthe Delaware State Police, while 1 was
on expected Christmas Holiday vacation, in violation of the Bankruptcy order to sell the
properties, requiring 24 hours advance notice. Be it noted that Barbara H. Buchanan has
knowledge of all my phone numbers to provide advanced contact to enter any property, and
she had failed to give any notice to do so, and has failed to provide any document to iist a
property, or state a value for which she would accept as payment for her interest. It is my
position that I have the right to enjoy my property, without encumbrance from my "none
clain1ing" former spouse, where she has on several occasions been ordered to "claim" her
interest in order to enjoy in any distribution.
Where these properties have been acquired years prior, and are core to my farming
employment, where acquiring any such land sizable enough to sustain a farming operation in
Delaware is nearly imposable at this date, and where Barbara H. Buchanan has failed to avail
2

Case 1:07-cv-00034-SLR Document 26 Filed 06/27/2007 Page 3 of 4
• Page 3 June 21, 2007
in any Court by; l) liling a "clairn” for which the Court’s could divide an equitable interest, 2)
providing support to the properties to maintain an equitable share of property through payment
of mortgages, brings me to request the Court enforce a prior Bankruptcy Order/Opinion
enclosed in transcripts of Bankruptcy proceedings dated October 2l, 2006, before you on ,
appeal stating that Barbara H. Buchanan must tile a "c1aim” to enjoy in any distribution of l
assets included in the Bankruptcy.
Respectihlly,
avid. chanan an
3480 udson Road
Laurel, DE 19956
Cc: James B. Tyler, HI, Esquire
Linda Carmichael, Esquire
Joseph Shannon, Esquire
Martin Weis, Esquire
James J. Rogers, Esquire
Thomas Vecchio, Esquire
Jennifer L. Story, Esquire
John A Elzufon, Esquire
John F. Brady, Esquire
Family Court Case No. CS94-3107
3

Case 1:07-cv-00034-SLR Document 26 Filed 06/27/2007 Page 4 of 4
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