Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00228-JJF Document 42 Filed 10/30/2006 Page1 of3
Q
A In The United States Federal District Court
For The _ District Of Delaware
Case # - ..
Herman Kelly, pro, se 1-Ob Cv`228 33f
plaintiff 3,. t
-v-SI }i V. {
MBNA america bank,-et, al U E . ` tw Q
defendants fj 3 ___,M _TmU ‘ Q
,_,______________._._._.,._ / Q j lp'YW=fWL= I J
T0; Clerk Of Court g P_j_ _ I
" Plaintiff' s request for a phonocopy of USA fNarshal['s ``l‘
proofand certificate of serving summon & complaint on MBNA bank."
l. In support with Herman Kelly,pro, se plaintiff's motion for
reconsideration/motion to vacate part of court's judgment.
Plaintiff now request a copy of the honorable USA marshall
— process server's certificate proof that complaint and summon
was again served to defendant mbna america bank as part of
plaintiff's objection to any NAF national arbit ration forum
` arbitration‘s proceedings, awhich were illegal proceedings.
A 2. Plaintiff request clerk of court to send him a copy soon
' “ as possible. NAF do not have any jurisdiction over plaintiff and
over subject matter of complaint.
. 3. Plaintiff has filed his objection & opposition to defendants
national arbitration forum's 6 awards/orders for being void,
illegal,impeached, and cancelled.The 6 awards case numbers are
#'Fa O5OTOOO5l6373..faO509000556840..faO504000464237..
faO502000432l25...fa O503000439604...fa0504000463 537.
4. Also plaintiff has filed his objection opposition to
defendants Wolpoff & Abramson, National Arb itration Forum
3 judicial court of detroit michigan cases numbers civil.
#05l40l39gC..O5l370l6gc..O5l476lO...
that were filed against Hermankelly doing these federal court
proceedings. Those 3 judicial .Q are illegal ,void,cancelled
for lack of statutory jurisdiction over plaintiff Herman Kelly
and over subject matter of complainte OH d0Ubl€ Jeopardy.
5. Herman Kelly was never served with_any summon& complaint
of national arbitration forum and eép wolpoff & abramson .
Herman Kelly never signed for any summon and complaint of
any defendants.This case in this federal court will be appeal
to the United States Supreme Court for review and consideration.
a default judgment entered when there has been no
proper service of a complaint is a fortiori,void,
and shoulda be set aside. see ... gold kist inc, vs
laurinburg oil, co, inc, c.a. 3 ,p&, 1985.756,f. 2d, l4·
Rose vs. Elliott, D.C. Tenn,l976,70,F.R.D. 422.
Q1

Case 1:06-cv-00228-JJF Document 42 Filed 10/30/2006 Page 2 of 3 _ _
79
r 5_ Therefor based on the facts and the menorandum of laws
stated herein , plaintiff Herman Kelly, pro, se prays to God
and this honorable court ,clerk of court to grant this request
as to not cause any more delay in j - prosecution of this
complaint against mbna america bank.
7_ This is a case and cause of action for discrimination,
breach of contract,accounting audit, fraud, e extortion,
illegal high interest s”AHBz charges , false pr@secuti0n,ect.
5_ Plaintiff is still trying to settle, compromise this case with
all defendants doing these federal court fs proceedings,
This court hase full and complete jurisdiction over parties
subject matter of complaint.This request is in pursuant to all
apply laws of the united states constitution and federal rules
of civil procedures.
plaintiff proceeding in forma pauperis was entitled
to rely on court clerk and united states marshals
service to effect service of process on defendant.
see ... williams vs. Publix warehouse . m.d. fla, ·
1993, l51,f.r.d. 428.
I pro, se plaintiff proceeding i n forma pauperis was
D entitled to rely on certified mail service effected
by united states marshal's service; marshal's office
assured plaintiff ,through process receipt and return
forms, that defendants had been properly served,and
moreover there wa s no indication that defendants
were prejudiced . see.. Lee vs .Brotherhood of
maintenance of way employees- Burlington northern
system federation, D.Minn, l99l,139.f.r.d. 376 .
g_ Herman Kelly had the united states postal service office served
summon/complaint of mbna bank prior to this court order to
do it again.All parties have full knowledge of this case.
_ p respectfully submitted
Herman Kelly, pro, se
// p. o. box 14157
proof and certificate 48214
of service. ' " Q L,
Herman Kelly,plainti f
A true copy of this request was mailed to all defendants by first
Class USH mail T0; ashley stitzer 222 delaware ave.9th floor
wilmington, D E.l9801, neal levitsky 919 N. market st.ste.13OO
p.o. box 2323 wilmington, D E.19899—2323, mbna c/o karen v.
sullivan p.o. box 2054 Wilmington, DE. 19899.
Herman Ke11y,pro, S E
0 *1

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