Why is Brian L. Crow exK3VR avoiding service in the Civil Case filed against him by the US Department of Justice? - Nimbusters

Why is Brian L. Crow exK3VR avoiding service in the Civil Case filed against him by the US Department of Justice?

by An Old Friend, Friday, September 08, 2017, 18:02 (13 days ago)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, )
)
Plaintiff, ) CIVIL ACTION NO. 17-595
)
v. ) CHIEF MAGISTRATE JUDGE
) MAUREEN P. KELLY
BRIAN CROW, )
) (Electronic Filing)
Defendant. )


UNITED STATES’ MOTION FOR EXTENSION OF TIME NUNC PRO TUNC
TO EFFECTUATE SERVICE OF COMPLAINT AND SUMMONS

AND NOW, comes the United States of America, by its attorneys, Soo C. Song, Acting
United States Attorney for the Western District of Pennsylvania, and Paul E. Skirtich, Assistant United States Attorney for said District, and files the following Motion for Extension of Time to Effectuate Service of Complaint and Summons.

In support of this Motion, the United States avers as follows:
1. On May 8, 2017, Plaintiff filed the Complaint to recover a monetary forfeiture
penalty against the Defendant, Brian Crow.

2. The final day for the United States to serve the Defendant was, presumptively,
August 6, 2017. See Fed. R. Civ. P. 4(m).

3. The United States has exerted much effort in attempting to serve the Summons and Complaint but Defendant has and is avoiding service.

4. For example, on five (5) occasions, the U.S. Marshals Service visited Defendant’s
last known and current address, 12201 Longview Drive, North Huntingdon, Westmoreland County, Pennsylvania 15642, but was unsuccessful [June 2, July 26, August 14, 15 and 26, 2017].

5. Additionally, the U.S. Marshals Service has driven by the above address of Brian
Crow on numerous other occasions and observed the following: (a) the lawn had been mowed; and (b) lights were on during evening hours.

6. Moreover, on August 14, 2017, the U.S. Marshals Service visited the residence and
taped a “Notice to Call” to both the front and side doors of the above address. On the following morning, those notices were removed from the doors. [See Exhibit A, attached hereto.]

7. On Monday, August 25, 2017, personnel from the Federal Communications
Commission, Enforcement Bureau, U.S. Marshals Service deputies, and the undersigned exchanged information to aid the effort to serve Mr. Crow and/or any other resident of his address with the Complaint and Summons.

8. Federal Rule of Civil Procedure 4(m) provides the time limitations for service of a complaint filed in Federal Court.

(m) Time Limit for Service. If a defendant is not served within 90 days after the
complaint is filed, the court—on motion or on its own after notice to the plaintiff—
must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).

The first determination by any district court is, whether or not, good cause exists for an extension of time. If ‘good cause’ has been shown, the district court must extend the time for service in accord with the express language of the Rule. Rule 4(m), however, does not define what constitutes ‘good cause’. “In determining whether good cause exists for extending the time for service, the courts weigh three factors: ‘(1) the reasonableness of plaintiff’s efforts to serve; (2) whether the defendant is prejudiced by the lack of timely service; and (3) whether the plaintiff
moved for an enlargement of time.’” Banks v. United States Marshals Service, 2016 WL 241675 at *2 (W.D. Pa. Jan. 5, 2016) (Magistrate Judge Lenihan) (quoting Holmes v. St. Vincent Health Ctr., 2007 WL 2531790, at *2 (W.D. Pa. Aug. 31, 2007) (quoting Steele v. HCI Direct, 2004 WL 1699611, *1 (E.D. Pa. July 29, 2004) (citing MCI Telecomm. Corp. v. Teleconcepts, Inc., 71 F.3d 1086, 1097 (3d Cir. 1995))) (internal quotation marks omitted).

Here, the United States has taken several steps in its attempt to serve the Defendant. It timely provided all relevant papers and the last known address of the Defendant to the U.S. Marshals Service in this district. Further, the Marshals Service has made five (5) documented visits, at different hours and on different days, plus several additional drive-bys to that last known address which were all unsuccessful. Undeterred, the United States re-contacted the prosecuting
Federal agency for any updated information concerning the Defendant, relayed that information to the U.S. Marshals Service who committed to making additional attempts to serve the Defendant.

9. Defendant is well aware of the filed Complaint at the above civil action but is attempting to defeat service by not answering his door. Additionally, Defendant failed to respond to the request by U.S. Marshals Deputies to arrange a convenient date and time to execute service.

10. No prejudice has been suffered by Defendant since he has not yet been served and
thus, has not lost any rights provided to him by the Federal Rules of Civil Procedure. And, finally, the United States is moving nunc pro tunc to enlarge the time for service.

11. Based on the above, ‘good cause’ exists for an extension of time of sixty (60) days, from August 6, 2017, until October 5, 2017, to serve Mr. Crow.

__________

IT IS HEREBY ORDERED that said Motion is GRANTED.

IT IS FURTHER ORDERED that Plaintiff shall have until October 5, 2017, within which
to serve Defendant, Brian Crow, with a copy of the Complaint by United States for Recovery of Civil Monetary Forfeiture Penalty and Summons.

__________

Source: pacer.gov, Case#: 2-17-cv-00595-MPK, Western District of Pennsylvania

Because he lives in Florida and they are renting out the house to someone else.

by ., Saturday, September 09, 2017, 03:57 (12 days ago) @ An Old Friend

But very smart on the part of Brian Crow, USDOJ will have to drop the case against him.

HAHAHAHAHAA

Crow does not live in nor is he a resident of the State of Florida.

by An Old Friend, Monday, September 11, 2017, 16:18 (10 days ago) @ .

And his residence in North Huntington Township, PA is not a rental property. It's a fact.

He's avoiding service because he is a baldheaded homosexual coward.

He does indeed own property in Florida along with his wife. His PA house is currently being rented out to someone else who has no obiligation to tell the USDOJ Brian Crow's location in Broward County FL.

by ., Monday, September 11, 2017, 18:37 (10 days ago) @ An Old Friend

Well, Crow probably isn't there now due to the storm.

"He does indeed own property in Florida along with his wife...in Broward County FL". Not so...

by An Old Friend, Monday, September 11, 2017, 19:00 (10 days ago) @ .

...at least according to Broward County's official website:

http://www.broward.org/RecordsTaxesTreasury/Records/Pages/PublicRecordsSearch.aspx

Or the one for Palm Beach County. Or Miami-Dade.

But since you pretend to know so much about him, maybe you can explain why it's his wife that's listed as the primary owner on the single piece of property he can be confirmed as owning [his residence in PA, where he's avoiding service, per the latest filing in his forfeiture case], and why he was once listed as the wife on the deed for the same.

It's under one of the LLC's he owns. Only fools buy multiple properties and put them under their real name.

by ., Monday, September 11, 2017, 20:21 (9 days ago) @ An Old Friend

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Correct. Bill White did the same thing, formed multiple LLC's to put properties under. Very smart by Brian Crow to do the same. Huge tax advantages to doing it also.

by Tom Whatley N1FM, Tuesday, September 12, 2017, 00:29 (9 days ago) @ .

- No text -

"It's under one of the LLC's he owns." Prove it.

by An Old Friend, Tuesday, September 12, 2017, 14:23 (9 days ago) @ .

- No text -

He does indeed own property in Florida, but the better question is why are YOU stalking him, Mr. Madera?

by RodSherm, Tuesday, September 12, 2017, 18:21 (9 days ago) @ An Old Friend

And why are you such a disgusting pedo, Karol?


PS look in any white pages directory and you can find the FL address, idiot.

"He does indeed own property in Florida" Okay. Proof?

by An Old Friend, Tuesday, September 12, 2017, 20:10 (8 days ago) @ RodSherm

but the better question is why are YOU stalking him, Mr. Madera?

I'm not VE7KFM and I'm not "stalking" anyone.

And why are you such a disgusting pedo, Karol?

Karol is not a pedophile. Karol is not a criminal of any kind. Why do you make such sick claims about him?

look in any white pages directory and you can find the FL address, idiot.

http://www.whitepages.com/name/Brian-Crow/Florida

None of those are Brian L. Crow, 57, of North Huntington Township, PA (cowardly avoiding service in the DOJ action brought against him in May, 2017), idiot.

Karel Madera wrote: "He does indeed? Okay, I'm stupid so I'll demand proof on an internet chat board.""

by An Old Friend, Tuesday, September 12, 2017, 22:52 (8 days ago) @ An Old Friend

Hey, Canadian idiot, someone already told you it's under an LLC. Hint - same LLC as the house in Maine, if you must know. You are stalking him. You have zero life of your own. No $, no friends, no life. It's ok. Glen Baxter was jealous of Brian too. Lots of people are jealous of Brian. We forgive you. Now get back to the gay bath house and get to sucking. You're waaay under your quota for the week Karel!

And stop using my username, FAGET!

"Okay, I'm stupid so I'll demand proof on an internet chat board." What's stupid about asking for proof from a claimant? Nothing, that's what.

by An Old Friend, Tuesday, September 12, 2017, 23:31 (8 days ago) @ An Old Friend

Hey, Canadian idiot, someone already told you...

It doesn't matter what an anonymous homosexual says on NIMbusters.

it's under an LLC. Hint - same LLC as the house in Maine, if you must know.

Name it. Thanks.

You are stalking him.

No I'm asking questions about a public figure.

You have zero life of your own.

If it makes you feel better about your failings in life to pretend you know something about someone you don't know, have at it.

Glen Baxter was jealous of Brian too.

I saw no proof of Baxter being jealous of ex-K3VR. I saw that Baxter wanted ex-K3VR to leave him alone and refrain from maliciously interfering with him on the air, but no jealousy.

Lots of people are jealous of Brian.

For instance?

We forgive you.

What's this "we" stuff?

Now get back to the gay bath house and get to sucking. You're waaay under your quota for the week Karel!

I believe it's spelled "Karol". Pronounced "Carl", not "Carole".

What's with your obsession with homosexuality? Evidently you're deep, or maybe not so deep, in the closet and desperately want to impress the diminutive, balding coward hiding from service by the US Marshals. That's no way to go through life, son.

And stop using my username, FAGET!

It's spelled "faggot", faggot.

"Okay, I'm stupid so I'll pretend an internet post is from a 'claimant' like I'm in court or something."

by An Old Friend, Tuesday, September 12, 2017, 23:51 (8 days ago) @ An Old Friend

And I told you to stop fraudulently misusing my username, RETARD!


[image]

Brian Crow was working on his tan at his house in Florida. Stupid USDOJ can't even get the right house.

by ., Saturday, September 09, 2017, 04:45 (12 days ago) @ An Old Friend

- No text -

Why is Brian L. Crow exK3VR avoiding service in the Civil Case filed against him by the US Department of Justice?

by Proud 2B Blonde, Tuesday, September 12, 2017, 04:05 (9 days ago) @ An Old Friend

I'm thankful that I live in the United States of America, the greatest country in the world. I'm thankful for my freedom, and everything I have.

God Bless America.

Reportedly, Karol F. Madera sucked cock at Royal Roads finishing school for faggotry!

by An Old Friend, Tuesday, September 12, 2017, 18:12 (9 days ago) @ Proud 2B Blonde

From http://ve7kfm.com


"Karol entertained the troops - especially the young ones - while at RRMC and also at the nearby YMCA, at 851 Broughton Street in Victoria. He was well known around Victoria as a lively and possibly too adventurous homosexual, but this was all in the days before AIDS came to Canada.

Karol was considered a 'sensitive youth' (as named in our school yearbook) and he was extremely ill-suited to a career in the military. Karol botched his engineering project badly (mis-manufacturing a cannon that could have killed someone) and he became the laughing stock of his class, and the butt of frequent and hurtful 'Polak jokes' from his fellow classmates.

Matter of fact, you can see http://library.royalroads.ca/archives/log-yearbooks-royal-roads-military-college-1943-1995

Karol's yearbooks here for 1967 and 1968. Remember, it was a two year college, not accredited or able to offer a 4 year degree in those days.

Karol was so sick of the incessant Polak jokes, https://www.youtube.com/watch?v=J_cWfhi7C1g he began pretending he was Spanish, and he'd sometimes even introduce himself as a foreign student from Spain. Often he'd invent girlfriends in other towns, conveniently whom no one had ever met, bragging about their big hooters and his sexual escapades. His behaviour toward women proved he could never be an officer. His braggadocio was all an obvious cover-up for his real sexual preferences and nobody believed him, of course.

"http://ve7kfm.com/mil_fraud.mp3" Sometime's Karol would even dress up and go hitch-hiking, lying to the men who picked him up, telling them that he was a commissioned officer! This would have gotten him kicked out of RR instantly, but he actually seemed to enjoy lying. Reality didn't apply to life where Karol was concerned. He always made it up as he went along.

School was like a big game of dress up for Karol, although he did study more than most of the boys, because he always had a chip on his shoulder like he had something to prove.

I think we all knew he was queer, but we overlooked it, except for one or two of the upperclassmen who teased him mercilessly. Ironically, https://student.myrru.royalroads.ca/student-services/rru-proud-resources Royal Roads is now a veritable haven for homosexuals, but not when Karol and I attended.

Karol was an actor at school, mostly playing women's roles known as 'breeches parts,' earning the appelation A.D.C. (amateur dramatist club). He made the yearbook committee scrub his roles from our yearbooks, saying his father "wouldn't understand." Most of us thought his father understood all too well.

In fact, there was a particularly salacious rumour that Karol's father had raped Karol's first and only girlfriend, impregnating her, until she obtained an abortion. Karol never actually consummated a sexual act with a female, as far as we knew, so perhaps her relationship with Karol's father was consensual? Truth be told, Karol would come to the cast parties, still dressed in women's clothes, constantly prattling on about cocksucking and rimjobs, and at Halloween, you could be sure Karol would be the one dressed in drag.

Unfortunately, Karol became ashamed of his acting after he was outed as a homosexual while working at the Victoria Real Estate Board. He was absolutely furious at his partner for outing him, and sometime in the summer of 1989, http://www.ve7kfm.com/595.pdf

Madera tried to sue the VREB on the basis that he was actually heterosexual and they were all picking on him somehow. He stopped going to the bath house (temporarily) and he canceled his membership at the YMCA, where he'd spend hours with a variety of men, nearly every day.

Most of us were on the island for school, but Karol stayed on the island for the gay lifestyle.

The southern tip of the island is known as the San Francisco of Canada. Strange place for an unmarried man approaching 70 who's never had a girlfriend but claims to love women with 'big hooters.'

http://www.ve7kfm.com/796.pdf

He lost the sexuality suit, of course. These days you might classify him as a http://ve7kfm.com/Karols_gay_advance.mp3 closeted, self loathing homosexual, but back then we called him queer, artistic, sensitive, and odd, when we were feeling kind.

Karol's claims were frankly unbelievable according to all of the witnesses against him. Of course, at school, we all knew Karol was as Queer as a three dollar bill, but we never held it against him.

As https://www.youtube.com/watch?v=N0Nfo4opPgQ his anger and alcoholism progressed, Karol became known as a habitual liar with a violent temper, and as such, he lost any chance of a career in the military. He eventually obtained a license to sell real estate, but he was ousted from the real estate board due to his out-of-control behavior and threats.

He studied law, but he wasn't allowed to join the law society due to the threats, dishonesty, racism, lies, his temper, growing mental illness, and a variety of other issues making him wholly unsuitable to ever hold a position as an officer of the court.

Since about 1990, Karol's stewed in an alcoholic and narcotic fueled frenzy of self-loathing and threats against others.

He was in a ferry accident (ironic, I know) and he hurt his neck. I believe it was the https://en.wikipedia.org/wiki/BC_Ferries#Queen_of_Saanich Queen of Saanich, but I can't remember for certain. Since then, Karol's behavior has gone downhill, with increasing use of narcotics and frequent bouts of drunkenness, anger, and his incipient mental illness, he's become an unfortunate caricature of himself. Those of us who grew up with him have watched him take a very self-destructive path for years, and we're actually in awe that he's still alive given his unhealthy lifestyle, and his drug and alcohol abuse. We've pretty much given up on the hope that he'll seek help, but I thought you might like to hear about Karol from the perspective of those of us who 'knew him when.'"


http://www.forposterityssake.ca/Navy/PICKLE-SV.htm

John Jamieson, Royal Roads, 1968

For an Opposing Viewpoint - Please see Karol Madera's Webpage."

http://members.shaw.ca/ve7kfm

Karol's wanted to suck off Brian for a long time.

by Mrak, Tuesday, September 12, 2017, 18:22 (9 days ago) @ An Old Friend

Reportedly?? John Jamieson, RR '68 wrote a whole thesis on Karol's cocksucking!

by Mrak, Tuesday, September 12, 2017, 22:53 (8 days ago) @ An Old Friend

He liked them young. Real young. Still does.

Meaning of Nunc Pro Tunc for Karel's ignorant ass-lickers.

by Judge Judy, Tuesday, September 12, 2017, 23:06 (8 days ago) @ An Old Friend

When the plaintiff's case contains a specific kind of mistake—a “clerical error”—one way to correct it is by filing a document with the court called a motion or order nunc pro tunc. This is the method for asking the judge to issue a new order that contains the correct information. If dates for service were incorrect, or the wrong address was used, or service was otherwise improper, a nunc pro tunc order can correct the situation, as long as the mistake occurred within 30 days of the error.

Keep in mind that a motion for a nunc pro tunc order is only available after the court’s “plenary power” expires—that is, after that court no longer has the authority to change its own orders. This is the plaintiff's error, it has nothing to do with the defendant.


Nunc Pro Tunc - Now Suck my Junk!

:-D

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