The ongoing legal battles with Dan Bernath
Obviously we haven’t written about this much lately, for two good reasons. 1) The dude revels in the attention and 2) he takes comments that you all make, and then tries to sue you guys, and/or hold us responsible for comments under some sort of asinine conspiracy theory/RICO Act or Gang Statute. So let this serve as your warning, if you comment with something stupid, he’s likely to add you to the lawsuits, and you really don’t want that.
And just how many cases are we talking about? The following Bernath-filed lawsuits or complaints all deal with the same or overlapping parties or fact allegations:
- A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on June 16, 2015 (Daniel A. Bernath v. Mark Cameron Seavey, Case No. 2:15-CV-00358-FtM-99CM);
- A pending case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on December 28,2015 (Daniel A. Bernath v. YouTube LLC, et al.. Case No. 15-CA- 3259). The case was involuntarily dismissed by the court with leave to amend, which the Plaintiff subsequently abused. A motion for dismissal with prejudice is pending before the court;
- A pending case filed by the Plaintiff, Daniel A. Bernath, in the US District Court, Middle District of Florida, on January 25,2016 (Bernath v. YouTube LLC, et al., Case No. 2:16-cv-00040-JES-CM);
- A pending case filed by the Plaintiff in the United States District Court for the Eastern District of Virginia on May 16,2016 (Bernath v. Extreme Seal Experience LLC, et al.. Case No. 2:16-cv-185);
- A pending case filed by the Plaintiff in the United States District Court for the District of Maryland (Greenbelt Division) on April 14, 2016 (Bernath v. YouTube LLC, et al., Case No. 8:16-mc-00302);
- A case filed by the Plaintiff, Daniel A. Bernath, in the United States District Court for the District of Maryland on June 6, 2016 (Bernath v. Extreme Seal Experience LLC, et al., Case No. JKB-19-1992). The case was involuntarily dismissed by the Court on August 26, 2016;
- A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on June 20, 2014 (Bernath v. Hoey, et al., Case No. 14-CA-1838). The case was voluntarily dismissed by the Plaintiff on October 2, 2014;
- A case filed by Dan R. Hyatt against the Plaintiff, Daniel A. Bernath, in the Circuit Court of Multnomah County, Oregon, wherein the Plaintiff filed a cross-claim against The American Legion and Mark Cameron Seavey, as well as other defendants, on July 14, 2014 (Hyatt v. Bernath, Case No. 1401-00633). The case was involuntarily dismissed by the court on October 6, 2014;
- A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Donald Shipley, Case No. 15-DR-032430). The case was involuntarily dismissed by the Court on January 26, 2016;
- A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on November 13, 2015 (Bernath v. Diane Blazer Shipley, Case No. 15-DR-032431). The case was involuntarily dismissed by the Court on January 26, 2016;
- A case filed by the Plaintiff, Daniel A. Bernath, in the Circuit Court of the Twentieth Judicial Circuit, Lee County, Florida, on March 2,2016 (Bernath v. Donald Shipley, Case No. 16-DR-030409). The case was involuntarily dismissed by the court on March 2, 2016;
- A pending complaint filed by the Plaintiff, Daniel A. Bernath, to The Florida Bar on or around July 22, 2016, against Mark C. Seavey for unlicensed practice of law;
- A pending complaint filed by the Plaintiff, Daniel A. Bernath, to the Judicial Qualifications Commission of the State of Florida on or about July 15,2016, against Circuit Court Judge Elizabeth V. Krier (Docket No. 16-288 Krier).
Mind you this list doesn’t even include the plethora of attempted restraining orders that haven’t worked, attempts to have law enforcement do stuff to us, complaints against me to the Indiana Bar, his alleged Bar complaints against my attorneys, and just his general nuisance making. (Like whoever *cough* has made random repeated complaints to child protective services that I was strapping my then 4 month child to the dog.) Oh, let’s not forget his disbarment.
Now, bear in mind that all told his success rate is exactly 0.00 percent. He has not succeeded on even one motion. But that was never his goal, as he made clear in an email sent on June 28th:
On Tue, 6/28/16, Daniel Bernath <[Redacted]> wrote:
Subject: RE: American Legion threats of murder***Criminal complaint against American Legion defendants, Mark Seavey, Jonn LIlyea, Don Shiplety, etc. American Legion attempted murders continue: Meet Confer/stop trying to kill me/ postpone hearings till Plaintiff hi
To: “‘Jonn Lilyea'” <[Redacted]>,[Redacted, but it was Wittgenfeld]
Cc: “I. M. M. I. eXpose’ American Legion Vigilantes Unmasked” <immiexpose@americanlegion.is>
Date: Tuesday, June 28, 2016, 1:13 PM
It is not about winning motions (Shipley faces trial in 4 states). It is about stopping you. (by the way, the Court of Appeal will overturn the set aside of Shipley’s stating that he will ignore the lawsuit as a litigation tactic…Shipley has that appeal to lose in the future)
Whats our score card?
TSO shuts the fuck up for fear he will have his additional words shoved up his ass…..the courts are just another tool. Free for us. Expensive for you with the additional risk that you’ll lose everything. 0 for 40. Nah. You lost. We won.
Now, I don’t want to make this blog posting 8,000 words long, but I did want to defend myself in a public forum on some of the fabricated claims these guys are making about me on their various websites. At one point we were tracking about 7 websites, but they keep getting shut down. They still post to some Web Apps page, and they have thisainthell.is but that’s basically it. DO NOT GO TO thisainthell.is or at least not without recognizing that it is literally full on gay porn. Literally. They seem to have a fascination with it. But you don’t want to go there, there’s nothing particularly relevant about their ramblings.
They are claiming in court documents and emails that they don’t run those sites. Luckily for us, they didn’t know what they were doing when they set it up, so we have all the proof we will need it is them. Not going to lay on more than that so they can close the loophole, but trust me, their setting up websites was done with the expertise we’ve come to expect from them.
But I did want to answer some of the allegations Bernath is making about me. I was just going to let the legal system do it for me, but it’s taking damn near forever, as it does, so I am going to pick some gems out of his latest filing, and just tell the truth, so you can see the nonsense I need to deal with.
BERNATHIAN concoction:
Defendants have admitted that they tormented six veterans to suicide….
But, my Legion is comprised of some highly trained killers who miss the excitement of combat and look for the thrill by tormenting victims to death like Ike Densmore and Jerome Andronsky and me. Obviously mentally ill Veteran Andronsky killed himself with a shotgun in his mother’s home on a military base after the Legion’s mercilessly tormenting him.
The number alternates, often in the same filing between three veterans who Bernath claims we’ve forced to suicide, and six. The only ones ever mentioned by name are Densmore and Androsky. Now, the problem for Bernath here is that he’s filing this in a copyright, defamation, and intentional infliction of emotional of distress case against the American Legion and me, personally. I don’t believe I’ve ever written about Densmore. I could be wrong, I might have left a comment or something, but I can’t even find that. As far as I know, I had never even heard of the guy until after he killed himself. And he killed himself only after a TV station did an entire story about his lies. I do know it had nothing to do with me, and certainly nothing to do with the Legion. Plus, again, it has absolutely nothing to do with a copyright infringement or the other issues in our litigation.
Androsky (Bernath uses “Andronsky” for some reason), as far as we can tell, didn’t even commit suicide. According to what we’ve been told he passed away from acute heart failure, not a shotgun blast. He fought a lifetime of addiction to drugs which ended up killing him, not our blog.
But even assuming you count those two. Who is the other one (or four)? Where did numbers come from? We’ll probably never know, because this has absolutely nothing to do with the case at hand. One thing I do know, Bernath can’t point to anything I’ve ever written where I admitted to “torment[ing] six veterans to suicide.” The only time I discuss suicide is when it was a person in my unit, and that’s something I deal with on a personal level. It’s certainly not something I would joke about or take credit for.
BERNATHIAN concoction:
Mark Seavey has been found guilty of being a sexual predator by Maryland judge Patricia Mitchell on 03/20/2015…. As Mark Seavey is a convicted sexual predator, of course his employment would be closely scrutinized.
In fact, no, not even close. This is a reference to the restraining order that Karen Williams got against me. As the judge in that case made ABUNDANTLY clear even in agreeing to the restraining order, I never went near Ms. Williams, never spoke to her, never called her, and the only email sent to her was one where I “replied to all” on an email from her husband wherein he was threatening me. In short, I couldn’t be a sexual predator, as I’d never met, seen, talked to, or to my knowledge, been within 50 miles of her.
But let’s back up anyway. A restraining order hearing is a civil hearing, not a criminal one. Any first year law student knows that. And people are not found “guilty” in a civil hearing. The restraining order was granted for third-party comments that made Ms. Williams *fear* something might happen. Not only did I not write them, I didn’t even know about most of them.
We immediately appealed because federal law says that interactive website companies and blogs are immune from comments made by third parties. That appeal would have been heard in late July of last year, but Ms. Williams failed to appear and the entire restraining order was VACATED. Which means all this nonsense isn’t true in any way, shape or form.
BERNATHIAN concoction:
Mark Seavey, using the American Legion website and using the facilities of the nat’l headquarters of American Legion, http://valorguardians.com/blog/?p=32505 posted child pornography and Mark Seavey put such evidence of his crimes into this Court’s file as evidence.
If you go to the link he puts in there, and I’m going to assume you are rational, you will discover two things: 1) it is not child pornography, and 2) they were WWII recruiting posters, made by the US Government. On top of that, Bernath adds this graphic (deleted).
He has pictures in there that aren’t in that post, and he’s inserted a computer disc with my name and “child porn collection.” Now, where did that picture originate? From his own website, the now defunct “A Special Day Guide.” Again, none of this has anything to do with copyright infringement or our cases, he’s just trying to make me look bad.
Which brings me to his other allegation of child porn. At one point a commenter got very upset with Bernath and said something dumb. I don’t really fault him for it, because Bernath is a master of poking the bear. This commenter allegedly said something about Bernath’s adult daughter, and something he would do on her picture. Bernath uses this against me all the time. There are of course problems with that theory as well, not the least of which being 1) I never saw the comment itself, it was deleted and replaced with an apology before I was even aware of it, and 2) Bernath’s daughter isn’t even close to being a minor.
BERNATHIAN concoction:
Defendant Mark Seavey has stated in his publications on the internet that (1) he masturbated with minor Australians, (2) that he was “chronic” in his masturbations when he was in the war zone, purportedly protecting our country and (3) that as a sergeant he permitted his men to masturbate in all 26 guard towers, rather than do his duty as their supervisor to make them watch for the enemy to protect the sleeping troops instead of looking at pornographic magazines. This is what Mark Seavey wrote-not me.
In fact, not one of those things is true. His source on this is Media Matters, so some back story may help elucidate a bit. When I returned from Afghanistan I was in a closed (not public) forum with other veterans and veteran supporters who were conservatives. We talked about a lot of things. The proverbial locker room talk (I know this is a bad time to use that reference) if you will. Anyway, at one point there was some fight between two administrators and one made the forum public, and everyone got angry, and then it got deleted entirely. Somewhere in that week, Media Matters grabbed some things I had purportedly said, because I had been in the news for the Murtha thing. The problem is that some of the stuff they grabbed was not even me. So at the time I wrote to them and said I would own up to what I said, but some of the stuff is inaccurate. To their credit, they did correct some of it, and they moved the whole thing to a different page. I wrote again letting them know it was still wrong but never heard back. But being attacked by Media Matters sounded fine with me.
But to the actual allegations from Bernath. Again, he has misquotes from a third party, which makes it hearsay anyway, which is why I’ll never get to defend this stuff in court.
As for Aussies, I have no idea what the hell he is talking about. I did work with some SAS guys at one point (we were co-located for something.) At the time the big thing in Australia was a play called “Puppetry of the Penis.” If you haven’t met SAS guys, they are AWESOME, and a bit out there. But, and I cannot stress this enough, I never masturbated with anyone, not Australian or anyone else, and why would there be minors in a war zone? That doesn’t even make sense.
The second thing about “chronic” is I actually have no memory of saying it. I am purported to say “we were chronic over there.” That actually sounds viable, as any Joe deployed would tell you. But by “we” I meant the US Military in general, not me specifically. And why would it have bearing on anything anyway?
The third thing, about permitting my men to masturbate in towers is beyond idiotic, as is the thing about doing it in all 26. I know one guy who did accomplish that feat, and he wasn’t in my squad, and I had no authority over him. And I didn’t know he’d done it until he announced it at the end. No one took pornographic magazines into the towers that I am aware of, they weren’t even allowed in theater (although they were there), and we did full inspections before going out on shift.
Besides which, I was only a sergeant of the guard on towers for like 6 weeks. And during that time there were no major attacks on the base, and certainly none that came about as a result of the troops not being adequately attentive.
None of this has ANY bearing on a copyright claim or our cases, but it is him trying to somehow embarrass me. Well, epic fail.
Two other things that actually come from other documents, and then I’ll start to wrap this up:
BERNATHIAN concoction: (From a filing on 10/11/16)
No, no, he is not a licensed lawyer anymore. He has been disbarred from California, was denied entry in the Oregon bar, and as a disbarred attorney he is no longer allowed to represent claimants before the VA.
Here is the VA Accreditation of Bernath, LINK HERE.
HOWEVER, from the Federal Register:
Finally, we amended the regulation to clarify that an agent or attorney must notify VA within 30 days of any change in status in any jurisdiction in which he or she is admitted to practice. This is necessary because 38 U.S.C. 5904(a)(4) prohibits VA from recognizing an agent or attorney who has been suspended or disbarred and VA may not otherwise become aware of the suspension or disbarment until many months after the fact.
Further,
The plain language of section 5904(a)(4) prohibits VA from recognizing an individual as an agent or attorney if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practice and has not been subsequently reinstated. The statute contemplates a situation in which an attorney has not been reinstated after suspension or disbarment because he or she has been deemed ineligible for reinstatement by the admitting authority.
Dan Bernath was officially disbarred on 8/28/16 and per 38 U.S.C 5904 (a)(4) he was directed to notify the Department of Veterans Affairs of this status change within 30 days. It has now been 50 days.
[ON EDIT: It looks like he was supposed to notify them even earlier. He was declared “Not Eligible To Practice Law in CA” on 9/28/15, which means it has now been 388 days since he was suspended, meaning he’s 358 days past due on notifying them.]
The VA helpfully states that:
Complaints regarding unlawful activities, misconduct, or incompetent representation by a VA-accredited individual may be emailed to ogcaccreditationmailbox@va.gov, faxed to (202) 273-0197, or mailed to the following address: Department of Veterans Affairs, Office of the General Counsel (022D), 810 Vermont Avenue, NW, Washington, DC 20420. Complaints may also include information regarding an accredited individual’s suspension or disbarment by any court, bar, or Federal or State agency to which such individual was previously admitted to practice.
Now look, I could go on fact checking his nonsense for a long time here, and I’m just not going to do it. I literally have 3 ring binders FULL of stuff on him. In fact, we screen shot every single thing that he, Wittgenfeld and Cryer comment on, change or add to any of their websites. Dating all the way back. I’ve got so much evidence it would take a cement truck to transport it to the court room. But I did want to touch on two last things. The first is how he always brags about what a great attorney he is. He’s somehow convinced Wittgenfeld that he’s winning all these motions, the court is seeing it his way, and the pot of gold is right around the corner. Well, just to show how great an attorney Bernath is, I want to include one footnote from our recent filing, that shows just what a legal genius he is. Warning, this is dry legal stuff, but it shows how many times he’s violated the rules of procedure, and how many times the court told him to stop doing that:
See in the First Lawsuit: this Court’s Order (Doc. 19) at pp. 1-2: “For Mr. Bernath’s benefit, although he is proceeding pro se in this matter, he still must comply with the Middle District of Florida Local Rules and Federal Rules of Civil Procedure. See Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir. 2002) (noting that despite certain leniency afforded pro se parties, they must follow procedures).”; see this Court’s Order (Doc. 30) at p. 1: “A portion of Plaintiff’s Opposition and the Supplement in its entirety subsequently were ordered stricken by the Court for failure to comply with the Local Rules. Doc. 19.” . . . “FN 1 The genesis of Plaintiff’s opposition is that Mr. Mason has been subject to undisclosed disciplinary action. Mr. Mason’s Reply assures the Court that such allegations are false, and that he is not now, nor has been, subject to discipline. Doc. 27.”; see this Court’s Order (Doc. 33) at pp. 1-2: “Plaintiff neither sought nor was permitted leave to file a surreply. Plaintiff previously was cautioned that, although he is proceeding pro se, he still must comply with applicable federal and local rules.1 Doc. 19 at 2. … Plaintiff’s surreply therefore will be stricken for failure to comply with the Local Rules. Plaintiff previously has had filings stricken by the Court for failure to comply with the Local Rules. See Doc. 19. Plaintiff therefore is cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” … “FN 1 In the Declaration of Daniel A. Bernath in Opposition to John Mason Appearing Pro Hav [sic] Vice, Plaintiff states, “I am a member of the California Bar, having been admitted nearly 31 years ago. I am also a member of the US District Court Bars for the Central and Northern District and the 9th Circuit Court of Appeals.” Doc. 14 at 4. Plaintiff therefore should not be a stranger to courts’ expectations that parties follow federal and local rules.”; see this Court’s Order (Doc. 40) at pp. 1-2: “Plaintiff repeatedly has been cautioned that, although proceeding pro se, he still is required to conform to federal and local rules. See, e.g., Doc. 19 at 2; Doc. 33 at 1-2. This now will be the third filing of Plaintiff’s that the Court has stricken for violation of the Local Rules. See also Docs. 19, 33. In the Order striking Plaintiff’s reply, filed without leave of Court, Plaintiff was “cautioned that continued failure to comply with the Local Rules may result in the imposition of sanctions.” Doc. 33 at 2. Despite the cautionary language, Plaintiff again has failed to comply with the Local Rules. The motion therefore will be stricken. Plaintiff again is cautioned that failure to comply with the Federal Rules of Civil Procedure and this Court’s Local Rules will result in the imposition of sanctions, up to and including the Court recommending that this matter be dismissed for repeated failure to comply with Court orders.”; see this Court’s Order (Doc. 58) at page 3, footnote 3: “Plaintiff is reminded that he initiated this lawsuit and has a duty to comply with the court orders and local rules . . . (“A district court has authority under [Fed. R. Civ. P] 41(b) to [as a sanction of last resort] dismiss actions for failure to comply with local rules.”); and, see this Court’s Order (Doc. 66) at p. 1, FN 1: “On November 23, 2015, without leave of court and in contravention to M.D. Fla. R. 3.01(c), Plaintiff filed a second response in opposition. Doc. 57. Plaintiff repeatedly has been cautioned by this Court that, although proceeding pro se, he still is required to conform to local rules. See, e.g., Doc. 40 at 1 -2; Doc. 33 at 1 -2, Doc. 19 at 2. The Court, therefore, will not consider Plaintiff’s second opposition (Doc. 57)”; and, see this Court’s Order (Doc. 84) at p. 2: “this is Plaintiff’s last warning for non-compliance with the federal and local rules; future non-compliant filings may be stricken without further warning.”
And the last thing I want to add is a full listing of all the things that Bernath is specifically claiming against me, but elsewhere he makes almost all of these claims against everyone else involved in the various cases, including the Legion. This list isn’t even exhaustive, it is just from one filing. From assassination attempts to IED coconuts to my being a hitman for MS13, the guy just specializes in coming up with Ludlumesque conspiracy theories: [Editor’s note, I’ve slightly edited our actual document here so that you get bullets, because the formatting the other way, while accurate for filings, makes it hella hard to read in a blog post.]
- that Seavey committed acts of domestic terrorism and sabotage at Page Field airport (Par. 1, 16);
- that Seavey’s function at the Legion is to terrorize veterans (Par. 8);
- that Seavey was tasked with unlawfully investigating veterans in the course and scope of his employment with the Legion (Par. 9);
- that Seavey committed torts, made defamatory statements, operates a trinket business, and has committed illegal practice of law and illegal investigations in Florida (Par. 16, 17);
- that Seavey influenced an election or campaign, advertised, and sexually harassed someone in Florida (Par. 17);
- that Seavey is an agent, joint venturer or employee of any Defendant other than being an employee of the Legion (Par. 23);
- that Seavey by clear and convincing evidence has committed coercion, intimidation, threats and/or other harm to plaintiff in violation of Statutes § 874.06 (Par. 25);
- that Seavey by clear and convincing evidence has injured Plaintiff for violations as set forth in Statutes §§ 772.11et seq. (Par. 26);
- that Seavey does systematic and continuous business in Florida (Par. 27);
- that Seavey ambushed Plaintiff at his home, videotaped him, and posted said videos on the internet, (while including photos of Don Shipley and Diane Shipley with a video camera, people who have very limited connections to Seavey) (Par. 31 – 34);
- that Seavey sabotaged Plaintiff’s plane and attempted to murder him (he includes photographs and maps in a preposterous attempt to allege false, frivolous and scandalous claims) (Par. 31 – 42, 111);
- that Seavey attempted to murder Bernath, (Par. 35);
- that Seavey severed the fuel line of his aircraft (Par. 36);
- that Seavey added a deadly substance to the fuel tank of Bernath’s airplane (Par. 38);
- that Seavey and/or his employer the Legion attempted to murder him and his flight instructor (Par. 34 – 42);
- that Seavey ambushed and confronted Bernath at his home in Ft. Myers, Florida (Par. 46);
- that Seavey referred to stalking and harassment of Bernath as “Operation Shipley” (Par. 47);
- that Seavey’s employer the Legion through its agent Seavey had something to do with someone threatening to deface a photo of Bernath’s daughter (Par. 23, 53);
- in a disgusting continuation of his defamation and inclusion of scandalous and false material in his filings, Bernath claims that Seavey’s employer the Legion through its agent Seavey “hosts” and “advocates” child pornography, torments, taunts and urges U.S. military veterans to suicide (Par. 23, 53);
- that Seavey is an agent of his employer the Legion who commands and controls a terrorist group (and then Bernath strings together a flurry of unattributed and sourceless language, falsely states that Seavey has driven three U.S. military members to suicide, and that his employer the Legion demanded he pick up the pace on tormenting U.S. military veterans) (Par. 8, 23-25, 53);
- that Seavey’s employer the Legion through its agent Seavey picked Plaintiff out two years ago as a victim to “get” Bernath to “self-murder” and that Seavey and his employer the Legion is targeting him to torment him to “self-murder” and targeting him for actual murder (Par. 23, 67, 73);
- that Seavey is the leader of a terrorist gang with uniforms run by his employer the Legion and that Seavey and/or the Legion sent terrorists to his home (Par. 8, 23, 69, 73);
- that terrorists under Seavey and his employer the Legion’s command and control have stated that they take orders to terrorize him from Seavey and the Legion, and that Seavey and the Legion put Bernath’s face on photographs, including a “homosexual gang rape photograph” (Par. 8, 70, 134);
- that Seavey’s employer the Legion itself or through its agent Seavey filed bar complaints with the Florida and California bars and sought to have Plaintiff’s Legion membership revoked (Par. 23, 72, 111);
- that Seavey’s employer the Legion through its agent Seavey threatened to murder Bernath, published his address online, came to his home and knocked on the door (Par. 23, 74);
- that Seavey’s “soldiers” contacted the Veterans of Foreign Wars or reporters (Par. 85);
- that Seavey has command and control of trained-to-kill veterans, mocked Bernath’s family, sent intimidating or threatening messages to Bernath (Par. 86-89);
- that Seavey intentionally and knowingly made and communicated false and malicious statements to hundreds, if not thousands, with intent to injure Bernath, that injured Bernath’s reputation and caused him damage (Par. 91 – 92);
- that Seavey made and took extreme and outrageous statements and conduct, causing Bernath injury (Par. 95-100);
- that Seavey lied about Bernath or caused him damage from among other things watching his wife lose control of her bladder on the floor (Par. 101);
- that Seavey committed “Civil Assault/Attempted Murder” and intentional criminal acts and that Dan Hyatt is a Seavey gang member (Par. 102-104);
- that Jonn Lilyea is Seavey’s “partner” and that Seavey sabotaged Bernath’s plane (Par. 23, 105-110);
- that Seavey’s “gang members” took and published Bernath’s social security number and other identifying information and obtained loans in Bernath’s name, read his confidential VA medical files, and stole Bernath’s identity (Par. 23, 108);
- that Bernath is a candidate for National Commander of Seavey’s employer the Legion (when he has never qualified as a candidate for any national Legion office, or even attempted to qualify for any national Legion office, and the Legion elections were held in the last few months and Bernath was not a nominee, candidate or elected) (Par. 111);
- that Bernath’s non-existent candidacy for National Commander of the Legion has a “reform” platform that will end the “many” child molestation and embezzlements throughout the Legion (Par. 111);
- that Seavey and/or his employer the Legion revoked Bernath’s membership or had his judge advocate position revoked to block his assuming national office as National Commander (Par. 23, 111);
- that Seavey hacked a Bernath website, or any website (Par. 112);
- that Seavey contacted Bernath 24 hours a day, entered his property and videotaped him in his home (Par. 99 on page 81);
- that Seavey placed Bernath in fear of batteries (Par. 100 on pg. 81);
- that Seavey placed Bernath’s image on shirts and sold them (Par. 102 on pg. 81);
- that Seavey is an agent of his employer the Legion who has been ordered to “not rape” an individual (Par. 23, 114);
- that Seavey damaged Bernath’s airplane (Par. 142);
- that Seavey contacted Bernath by phone and published a recording of that call (Par. 145); and
- that Seavey broadcast video of Bernath on the internet (Par. 149).
In case you were wondering, every single thing that Bernath claims in that last part is 100 percent false. But you knew that already.
Category: Politics
Wow! What a jackass!
Dan the disbarred man can suck it.
I, too, have suspected you to be “a hitman for MS13.” My reasoning is that MS does not stand for Mara Salvatrucha but Mark Seavey and the 13 is actually 1 and 3. 1+3 makes 4 and four is a homophone for the word for and F-O-R are the first three letters in foreign, which precedes mercenary (foreign mercenary) and, thus, MS13 signals that Mark Seavey is a foreign mercenary. At this point, I am left to guess that as a merc, one of your stock assignments is to conduct “hits.” Yeah, I think I’m beginning to catch on here.
Yes, that all makes sense.
I was fascinated to learn that TSO is both a ganged-up hit man and also runs a “trinket business”. Those aren’t two things you often see together and it takes a certain flair to pull off.
Still, you can’t know what sort of evil a Patriots fan might be up to.
The American Legion must have a very generous employee leave policy, to give TSO all the time he needs for his hits and trinkets.
It could just be that TSO uses his shiny trinkets to lure his victims in, which would save some time.
“…you don’t often see together…
That is so “Bernathian”. If I hadn’t been along for the ride through the majority of this, I would find it unbelievable. But, boys n girls, this is just how damned insane, crazy, idiotic this whole event has been. And all because he did a “pre-teen” job of putting his ugly assed head over the face of a better person than him, and claimed it as his own. He altered the portrait further by adding rank to the original photo, in such a poor way that it looks like a kindergartner might have done it. Bernath and those who are even dumber than him, but follow like lambs in a pasture, are unable to enjoy life on their own, and feel that they must embellish to be able to appear as “significant”, and failing at that, choose to just mess things up wherever they can.
Thanks Mark, for enlightening others. I will share this post with those who find my claims about the DRG to be off the chart.
How is all this shit not summarily dismissed?
We need a delete option here
Also, I think I deleted it for you.
Thanks. I accidentally used a non-existing email address on my initial post (combined two addresses).
Hey Vic- A lot of it is, but on one of the Federal cases against me I decided I’d had enough fun, so I countersued, and the American Legion also did. So we’re taking this to trial so we can finally get him to stop this nonsense. But even summary judgment takes a while unfortunately, which is why we need him to be named a vexatious litigant.
Hopefully, you can recover your legal fees in the process.
So when you win the suit, and he continues this harassment anyway, because that’s what these freaks do, will he finally wind up in PMITA prison?
The evidence of his being a vexatious litigant is overwhelming – and would be even if he hadn’t explicitly admitted that that was his objective.
It takes a lot of vexing to get the hammer. Maybe more than has been shown here.
Judges will do it sua sponte in extreme cases, mostly because they’re the ones feeling vexed. For example, Google “Amanda U. Ajuluchuku” (filer of hundreds of bat-shit crazy cases, frequently against the same defendants/for the same cause of action, in dozens of jurisdictions). I also suspect a good number of declarations come after the plaintiff has started suing the court, etc.
A plaintiff has a much tougher row to hoe when he’s been the primary target. He basically needs to show an abject absence of merit or any other redeeming value — that every case the plaintiff has filed can only be construed as pure harassment — and that no other sanction is sufficient. And then, a declaration is only effective in that jurisdiction. The biggest risk, though, is to get a declaration but have it reversed on appeal by some staff attorney, which would just embolden the plaintiff.
Just Googled Ms. Ajuluchuku.
Nuckin’ futz.
Sounds like someone else we know, eh?
Yep. Here’s one example out of 250+ – literally.
http://ca.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20121017_0014181.ECA.htm/qx
IMO, the lady’s either 100% batsh!t crazy or is deliberately using the courts as a legally-enforced “shakedown” mechanism. Decide for yourself which you wish to believe is the case.
Well, the two aren’t mutually exclusive….
She’s clearly has got some crossed wires. Sadly, find the epicenter of her litigation and beneath *appears* (though who the fuck knows for sure) an earnest struggle to regain her son from child services. Of course, she also admits to single- handedly promoting the legal economy in America, so … “stupid like a fox,” perhaps.
named an asshat.
Fixed it for you.
TSO: Awesome report. For folks that haven’t been here long, maybe add a listing of things that Bernath Bucks have purchased? Don’t forget the Hot Dog Suit
20 gallons of 100 low-lead aviation fuel.
when he needed 25…
The only thing that you can’t buy with Bernath Bucks is aviation fuel.
If I’m right, TSO ain’t the only one cruising around in a nice new ride purchased with Bernath Bucks®™.
((((OVER))))
I am shocked at this.
And … I find it very curious that the subject has a wild facination with topics of sex in its most henious form …
Where I may find it just curious, others may consider the information in its totality … EVIDENCE.
Again, I am shocked.
Also seems to not care much for minorities and females.
You’re not really shocked, are you?
Totally shocked! I had no idea!
OVER!
As he cruises around in a new ride that Bernath Bucks funded. /smile
One of the things that struck me about the so-called child pron images is that the one of the two boys with the “No Swimming” sign is almost certainly cropped from a Norman Rockwell which ran as a cover for the old Saturday Evening Post. The style is unmistakable. Finding it somehow prurient says a lot about the person using it to try to destroy somebody else’s character.
It was the cover for the June 4, 1921 “Saturday Evening Post” by Norman Rockwell.
One of a series on that theme. I think one involved them as old men at the “No Swimming” sign with a pink ruffled slip on the sign, another just like the misappropriated picture of them as old men running holding their clothes.
My memory says there were others, but I’m not sure.
You left out the part about his suit against Yelp. Yes, that actually got into a national publication with a sample of his ‘evidence’ included.
He’s the reason some people (all of whom are smarter than he is) don’t answer phone calls unless they know who’s on the other end. Hey, leave a message so they know who’s calling, mmmkaaaay?!?!?
Oh, well, who cares? bernath and his little friends are pebbles on the roadside, because there is great joy in Wrigleyville.
Cubs 8, Dodgers 4. CUBS WIN!! CUBS WIN!! CUBS WIN!!
Some of us have important things like that on our minds.
You mean the Red Sox Mid West. They might face the other Red Sox Mid West.
I was actually hoping the White Sox would win this year. The crosstown traffic jams would have been awesome!!!
I thought the Dodgeballs just kind of gave up. Tole was at bat and Strop put one right over the middle of the plate, dead center. Tole didn’t even take a swing at it and it was a called strike. Now, how dumb is that?
Oh, well – CUBS WIN!! CUBS WIN!! CUBS WIN!!!
I wouldn’t count my chickens yet ex-PH2: Kershaw and Hill are up next for the Trolley Dodgers.
While Kershaw is a fine pitcher in the regular season, his “Superman” cape seems to get lost during the postseason. His ERA there is more than 2.00+ higher than his sterling regular season ERA.
He’s also only once in his career pitched 2 back-to-back excellent games in the postseason: against Atlanta in the 2013 NLDS. In all of his other appearances, he’s followed a fine game with either a “meh” game or a stinker.
He’s also not pitched particularly well with his team facing elimination.
He may well change that this year. But if the past is any guide, Kershaw’s due for a “meh” game or worse tomorrow.
He has a goat on his side this time Hondo, makes all the difference.
Both the Yankees and Cardinals had the Bambino’s ghost on their side in 2004. As I recall that didn’t help either of them much that year.
If and when it’s time for a curse to end, it ends.
Personally, I think Kershaw must have drunk some of Jobu’s rum during the 2009 NLCS – and hasn’t made the proper apology (case of good stuff and several chickens) since. (smile)
Personally I am hoping for a Cubs-Indians series so that we will all know that the end is at hand.
And I doubt that Kershaw owes Jobu anything. Kershaw has one of the best curveballs in the game and we all know that Jobu “ino help with curveball”.
NSFW
Jobu cursed his curveball. It now works just as before – except in the playoffs, when it now fails to break well at precisely the most critical times. (smile)
Kershaw has a curver that is probably known in baseball as a “motherfucker”… as in “Did you see how he pitched me for that third strike? That motherfucker just dropped off the table!”
LOL-I was reading somewhere about Madison Bumgarner’s cross between a slider and a cut fastball (cutter, for the uninitiated), which the writer referred to as a “slutter”.
It ended when the owner died. They all do. It has NEVER been anything but bad playing and no drive to win with the Cubbies.
(smile)
I have two black cats, Hondo. Not gonna work. It’s just bad playing.
If you want to win the game, you have to play like you want to win it, or else just go home.
Addendum: God, could you imagine game 7 coming down to Cleveland trailing by a run or two in the bottom of the 9th – and the folks at Progressive Stadium running a sanitized version of the “Forget you, Jobu” ending of Major League between batters? (smile)
???
I wouldn’t care if I ended up getting fired. If I were running the scoreboard at Prog Field for Game 7 and that situation came up, I’d have a sanitized version of that clip available – and I swear, I’d run it.
The place would absolutely come freaking unglued. And one only has a few bona fide chances at becoming part of US cultural history. (smile)
You would never have to buy a beer or a meal in Cleveland ever again, regardless of the outcome.
The Cubs won last night.
So, regarding the scenario concerning the sanitized scene: “Hey – it could happen!” (smile)
And in the “life imitates art” category . . . apparently the 2016 Indians are fans of Jobu, too. (smile)
http://www.foxsports.com/mlb/story/cleveland-indians-jobu-shrine-mike-napoli-jason-kipnis-major-league-pedro-cerrano-062316
Here’s a link to pics:
https://twitter.com/hoynsie/status/745724553456803840/photo/1
You have heard, I am sure, that many in Cleveland want Charlie Sheen to throw out the first pitch Tuesday at Game 1 of the Series?
I hope they extend the invite! He says he’d be honored to do so.
Of course, it would have to be done up right … he has to stalk in from the bullpen, wearing the black horn-rim glasses and Rick Vaughn’s #99 jersey … while “Wild Thing” plays over the PA.
Otherwise, it’s all milquetoast.
I’d love to see that!
Then of course watch the Cubs spank the Indians.
http://www.cbssports.com/mlb/news/charlie-sheen-wants-to-throw-world-series-first-pitch-as-ricky-vaughn-from-major-league/
It’s looking like it won’t happen. I’m not a fan of Sheen’s, but I gotta admit that’d be pretty fun.
Jobu like goat.
Taste like chicken.
OK,OK,OK – but while I didn’t watch the game last night (no TV), I did pay attention to how it progressed, and the reality of it, goat or no goat, pitcher this or that, is that the Dodgers just seemed to have given up last night. And they were on their home turf. There were even twits twitterpating about how silent the Dodgers’ crowd was and how they were leaving before the game even ended.
And as I stated elsewhere, Strop put one right over home plate and Tole didn’t even try to swing at it. He could have at least gotten a hit out of it, if nothing else, but he didn’t AND it was a called strike.
These Cubs want to win. They are playing to win. They showed that Wednesday (10-2) and Thursday (8-4), and THAT drive is more important than pitchers this or goats that.
And FWIW, that so-called snorking about a goat was an opinion. It died with the owner of it.
Note-this thread has devolved into a discussion of pitching matchups, fictional Caribbean religions and baseball curses.
Still makes way more sense than any of Bernath’s legal briefs.
That’s the reason I did it – that, and the fact that he’s as boring as a bag of broken plastic washers or half-eaten donuts.
Tell the truth, Ex-PH2 – it was one of Mikey’s ancestors that was at Shea on 7 Sep 1969, wasn’t it? (smile)
Could be, but like I said, I have two black cats. I used to have three, plus two tortoiseshells (mostly black and orange), and we must remember that Mikey IS an alpha male. Who else could do the cheetah stud dance the way he does?
From the LA Times, this morning:
But the margin for error is so thin at this time of year, so thin for a team whose offense has stayed quiet the past two nights and whose starting pitchers appear incapable of lasting beyond the first third of the game.
You see, if the Dodgers rely too much on Kershaw to bail them out, it won’t work. And Chapman, other Cubs pitcher, has a 100MPH ball: “Against Cubs closer Aroldis Chapman, who throws 100 mph with ease and reaches 103 mph on occasion, Adrian Gonzalez walked and Yasiel Puig singled. Joc Pederson grounded out. Josh Reddick pinch-hit for pitcher Ross Stripling and singled into right-center to score Gonzalez. Andrew Toles then notched a sacrifice fly. The final batter of the game, Justin Turner, grounded out to shortstop.”
LALA fans are late to the start of games and are not afraid to leave at the seventh inning stretch… especially if the Dodgers are not winning.
Jobu *LIKE* goat.
Taste like chicken!
Offer rum, cigar.
Jobu bring bats to life for Cubs.
“You know you might think about taking Jesus Christ as your savior instead of fooling around with all this stuff.”
Is very bad to take Jobu’s rum.
Is VERY bad.
I have lost count of how many times we have called a local LEO to have a health and welfare check done on some guy. We have had several who faked their death only to become resurrected later. How many times have we worked with law enforcement to apprehend one of the clowns? Scotty Priest is the classic example. I spent countless hours tracking him down and relaying information to local authorities and US Marshall’s. Priest was dressing up in a sniper outfit and hiding in the hills taking pot shots at vehicles best I remember. He threatened to kill several LEO’s by name. Priest faked his death…until I found him returned from the hereafter in Russellville Ky where US Marshalls took him into custody. Gattoni was making all kinds of gruesome and bloody posts in a Beirut group full of the families of fallen Marines. He also began making threats to people who posted here and elsewhere. He beat his mothers cat to death in front of her. Weeks later he attacked her with a knife. He killed one of the neighbors pets. He is also safely in jail and hopefully getting some much needed treatment for substance abuse. I have lost count of how many wives/girlfriends who were being terrorized and abused by one of these monsters we have confronted. Sickening what some of these people do the those around them. At one point one of them was threatening to butcher the wife of someone. I made my physical presence known for that one and several others. I would be remiss if I didn’t mention the numbers of people who stepped up and admitted they had lied. Some of them sent letters and made posts grateful the lies were over. They have now gone about restoring their honor. I could go on and on and on. If anyone thinks exposing valor vultures is going to stop they are deluded. TSO shoulders the brunt of these particular attacks, I have nothing but a profound admiration and respect for him. I am humbled and honored to call him a brother.… Read more »
Get some flood insurance. Stop being a doofus. And give the Soviet a roll in the hay she’ll never forget, then disappear for a week.
BurntNuts, WOW what a hero. Fucking up the Judicial system for his own twisted uses. I hope the Courts start hitting him in the Wallet.
If you need legal defense money, let me know.
The Baker Act:
The Florida Mental Health Act of 1971 (Florida Statute 394.451-394.47891[1] (2009 rev.)), commonly known as the “Baker Act,” allows the involuntary institutionalization and examination of an individual.
The Baker Act allows for involuntary examination (what some call emergency or involuntary commitment).
It can be initiated by judges, law enforcement officials, physicians, or mental health professionals.
There must be evidence that the person:
possibly has a mental illness (as defined in the Baker Act), is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).
Examinations may last up to 72 hours after a person is deemed medically stable and occur in over 100 Florida Department of Children and Families-designated receiving facilities statewide.
There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0394/Sections/0394.467.html
Florida’s Baker Act criteria for involuntary commitment at the link you provided appear to require that the individual demonstrate that they will either (1) be at risk of self neglect or refusal to care for themselves to the point that such neglect poses “a real and present threat of substantial harm to his or her well-being”, or (2) pose a credible risk of causing “serious bodily harm to themselves or others”. As I read it, merely acting like an unethical jerk or harassing others via repeatedly filing apparently-baseless lawsuits doesn’t seem to qualify.
Doesn’t crashing an airplane because you forgot to fuel it count for item (2) “pose a credible risk of causing ‘serious bodily harm to themselves or others’ “?
Of course, they may want something more recent – and I think daughter & wife probably keep him away from the plane now.
Didn’t he try to implicate a flight instructor into some concocted story about an emergency landing? And didn’t that same flight instructor disclaim any such event?
The man is so emotionally unstable as to be a threat to himself and vicious antagonist to his detractors, real or imagined.
Irrespective, there is a documented history of deception by willful and false misrepresentations to the public.
One truth remains. He is NOT a Chief nor was he ever a Chief. That’s probably the Navy’s fault, he could petition Ray Mabus to correct the record as he now identifies as having been a Chief!
A dishonorable and thoroughly dishonored semi-man.
No argument with any of what you say above. But good luck convincing a judge that that proves he’s a bona fide risk to cause serious bodily harm to himself or others.
No petition! Mabus would probably name a ship after him. A carrier with no aviation fuel of any type.
Dude, don’t get Ray Maybe any ideas. All Bernath would have to do is tell him he identifies as a female chief and Ray would make it happen.
If Bernath would quit screwing Bonobo monkeys maybe his insanity would diminish a bit.
WTF did the Shipleys EVER do to Bernath in the first place? NOTHING of course, and in my opinion Bernath is doing that JUST to provoke and harass them. IMHO Bernath is little more than a squealing little jealous person that has NO accomplishments of his own thus he feels he has to go about degrading what others have done and try to take what they’ve earned. To me his lawsuits are exactly like what one would see filed by prison inmates who do so just to irritate and harass those who work to earn their lot in life! His mindless sidekick to me is little more than an obnoxious character who has no life of his own and attaches himself to anyone who pays him the tiniest bit of attention, just like the character from an old truck stop one would see drinking coffee and chain smoking at the end of a lunch counter, make eye contact with him and you have an instant “friend” who won’t stop babbling at you!
Daniel Bernath has fully embraced the Fred Phelps Doctrine of taking on anyone and everyone for every slight, real or imagined. As far as I know, Don Shipley never said or did anything regarding Daniel Bernath, but since Bernath is starved for attention, he decided to roll the Shipley’s into his futile battle against This Ain’t Hell. He was hoping that he could provoke Shipley into a fit of anger to a level that Shipley would put a fist in his ugly face and a boot up his ass, but Shipley has shown better judgment and restraint. I attempted to wade through one of the many suits that Bernath has filed, and his allegations for an actionable offense is that Shipley wears a toupee. Until Bernath came along, I never knew that you could sue someone for that.
As with his butt buddy Wittgenfeld. Both have spent decades building their lie. Now that they have been exposed, they will spend the rest of their lives defending those lies.
I refuse to adknowledge their stupidity and ignorance. Bernath is a miserable old man who has failed at everything he tries to do. The sad part is that his ball sack hasn’t dropped yet. So he isn’t man enough to accept the fact that he’s a loser. Otherwise, He wouldn’t have lie’d about his military service to begin with.
It is no ones fault but his own on why he can no longer pratice Law.
I move that our attorney’s file a motion to have the wannabe honorary CPO committed to a mental health facility. The old man is NUTZ!!
Wow, that dude is nuts. It seems like he’s just ruining his own life coming after you guys…
“self destructive” does appear to be his SOP
Keep fighting the good fight TSO.
It is readily apparent to any reasonable adult that Daniel A. Bernath & his fawning minions is demonstrably irrational.
The sad empty hole in his soul is consuming him alive.
Can only imagine the torrent of Email’s that are flowing into the TAH Command Group from these two yahoos since TSO posted this.
A torrent of posting them over to this post in these comments would be more entertainment for us, and would be further education for those who don’t yet fully appreciate the idiocy of the DRG.
This one right here!
that Seavey placed Bernath in fear of batteries (Par. 100 on pg. 81)
That is some serious harassment! How does one make another fearful of batteries? Did Mark take them out of Birdbath’s phildo?
I think it is the plural of battery, as in assault and battery. But then again, who knows.
Sounds more plausible the way you put it Mark, but still I’m sure there is a leather mask, and copious amounts of spandex in a specific house in Ft. Myers FL
Batteries are a necessary component of coconut IEDs-duh.
You should petition the appropriate court for guardianship of Bernath … for his own good.
One sample, (of many), of just how phony Bernath really is:
He claimed that when visitors were on the street in front of his house, (bearing gifts), that he felt that they may invade his place and commit mayhem of some sort. He then put on his reflective vest, his window licker helmet, and went bicycle riding, out of sight, in the neighborhood, leaving his poor wife defenseless. If these visitors were such a threat to him, he showed that he didn’t give a shit about the well being and safety of his wife. Or, was he just being a drama queen with his claims. This is common Bernath.
His wife must be really reassured at how he would protect her in the case of something really going down.
Are we sure Dan Bernath’s real name is not “Abdan Ber-Nathsim” – a muslim who will hide behind his wife and children when confronted with a threat?
Don’t forget that he had a gun with him during the visitors showed up and was not afraid to show it holstered on the video.
I would also venture to guess that he is a control freak at home and with his wife. She may not be an enabler for his behavior, but she may be another victim of it.
Hmmm – another credible threat to himself or others?
Daniel A. Bernath, about as useful as Anne Frank’s drum kit.
😀
You forgot to include ‘as boring as watching your toenails grow’, Chipster.
You win.
There are few things more ridiculous and boring than bernath. Here’s a list of some of those things.
Watching rain dry.
Frying an egg on a frozen pond
Eating the unmixed ingredients for cookie dough.
Collecting pollen from a wasp’s nest.
Trying to resuscitate a small ant.
Building a plane out of typing paper. (As God is my witness, I really thought it would not crash and burn.)
Mowing your lawn with nail clippers.
I’m sure you can all think of other things.
Cubs winning the World Series.
Hah! You lose! Even Bartman won’t show up to mess things up for them. It’s been 13 years since he did Dah Stooopid, and he has yet to come out of hiding. Note that number: thirteen. Another bad luck thingy? Hogwash! You keep piling it on and it ALL CANCELS ITSELF OUT!!!
There IS no bad luck. There is ONLY bad playing.
No such thing as “bad luck”? Hogwash. Cardinals and Padres fans (among others) would definitely disagree.
http://www.realclearsports.com/lists/top_10_blown_calls_baseball/don_denkinger_the_call_1985_world_series_game_6.html
http://www.realclearsports.com/lists/top_10_blown_calls_baseball/tim_mclelland_safe_at_home_2007_nl_wildcard.html
When a blown call extends a World Series that should by all rights have ended in six games or ends a one-game playoff, IMO the losing team has the right to claim bad luck.
In postseason baseball, luck is a huge determinant of the outcome of every series. Often one or two calls or lucky/unlucky bounces can determine the outcome of a series.
You didn’t copyright that so I am so stealing it.
So, Daniel Bernath has a fear of batteries. He must call the Ft. Myer Police Department Bomb Squad when Daylight Saving Time starts to check the batteries in his smoke detector.
Didn’t he disable his smoke detectors because he blows so much smoke out of his hindquarters?
An odd candidate to be afraid of batteries, given that he was once a proud member of RadioShacks battery of the Month Club! I even heard he used to self notarize!
Maybe the Radio Shack Battery Club hazed him, and try to see how many batteries, of various sizes, that they could insert into his anal cavity. Not saying that it happened, just wondering if it did.
He also studied for, and passed, the entrance exam for Costco… and drives 3 mph below the speed limit.
He also occasionally is rumored to fly below stall speed. At least on occasion.
He’s tied the record for low altitude flight on at least one occasion
You guys don’t seem to understand, with the title of honorary CPO, you get a free in-flight refuel. You can’r blame Bernath for the refuel C130 for not being there on time!
But he can be blamed for not using a plane designed to support in-flight refueling. (smile)
” and drives 3 mph below the speed limit.”
He also bragged about doing so in the left lane, I’m sure he enjoys causing road rage thinking of himself as the innocent victim.
((OVER))
HAHA, you’re old because you remember Radio Shack and the battery of the month program. Oh, hell, wait, I also remember Radio Shack and participated in the battery of the month club. I needed D cells to power my portable 8 track player. DAMMIT!
Bernath’s obvious insanity is mind-boggling. How is it that he has not yet been committed to a mental facility?
Exactly. Why hasn’t law enforcement taken again against this guy. He’s obviously unhinged and continues to threaten people.
In a way I think his mental instability is protecting him.
Without tying in all his antics, especially his pensive for legal filings, he pretty much seems like a harmless old coot.
Another thing he has the ability to do is to paint anyone who he gets into it with as a lunatic as well.
This was really apparent when Don went down to Fort Meyers to school him on leaving his family alone.
When the local news showed up they talked to him about 5 minutes.
The impression I got from the way the newsie looked is that he thought BOTH Bernath and Don were bat shit crazy.
In his lawsuit of the aircraft manufacturer, didn’t he assert under oath that his plane crashed due to design flaw(s)? Even though that suit was tossed out, his filing with the court would seem to directly contradict his made up bullshit about persons pouring something into his fuel tank (other than, I don’t know…. FUEL).
Aaaaahh yas, that plane he wrecked when he ran it out of fuel, wasn’t it purchased and registered in his Daughter’s name? Somebody PLEASE correct me if I’m wrong, but DIDN’T he wreck that aircraft well BEFORE he became famous on TAH? Yeah, he first blamed it on a “Manufacturer’s Defect” (He’s as well known and liked on a certain Pilot’s Thread as he is on TAH) before he blathered about TAH regulars performing sabotage, awww hell, what has ever come from Bernath other than idiocy, imbecility, malfeasance, blather, hatred and FAILURE?
About 3-6 months before he gained his “fame” here… I was the one that found the info online about the accident and posted the link here
I got a kick out of reading the comments about him on that Pilot’s Thread, he made himself as well-liked there as he has elsewhere! Y’know, there are people out there that still have never heard of or dealt with Daniel A. Bernath, I ENVY each and every one of them with a passion!
OVER
Just another man-child seeking attention while his life crumbles around him. Super surprised Bernath isn’t running for president.
He’s holding out for being appointed the head of the DOJ.
That makes more sense. Or maybe a special appointment for Scalia’s seat?
He’s about as qualified for that as WiTlEsSfArT is for Secretary of Defense.
No argument here. But even as crazy and stupid as he has proven himself to be, you gotta wonder what his end game is. Does he think everyone will just forget he’s a lying piece of shit? It’s got to be more than just pride at this point. I mean, seriously, no one is this stupid. Right? ….Right? *Crickets*
I don’t think he can conceive of an end-game, personally. He’s more a reactive type who cannot connect actions and consequences, causes and effects.
Hence the running out of fuel and claiming a manufacturer’s defect.
Possible evidence of being brain damaged enough to fit the involuntary commitment quals for Florida that Hondo mentions above.
Two words. Vexatious litigant. How many of our tax dollars is this short-bus window licker burning up? I hope he ends up losing his house etc. to fines. (Prison? Why waste the space?) Chain gang!
He’s got his money tied up in a trust called Oregon Trail from what I remember. He’s living in a state that has Vexatious litigant laws on the books.
I wonder if anyone has passed the info from the CA state bar about Danni-boi’s status to practice law to the VA? That would be some interesting shit to see go down on him.
I’m not a lawyer, but correct me if I am wrong, are there not laws in both state and federal that protects oneself from being constantly litigated against frivolously?
I guess he has built this lie for so long, that he feels the need to continue it.
I feel bad for his family. Not only has he lied to them, but he became internet famous and has now dragged them into it as well.
Yes there are such laws in most states. California and several other states have vexatious litigant statutes that require one so designated to get permission from the court to file a pro-per lawsuit. Also, some states require posting a bond for court costs, if the court allows the suit to be filed. In CA the vexatious litigant designation requires the filing of a motion and proof to the court’s satisfaction that the litigant has filed a certain number of unmeritorious lawsuits within a certain number of prior years. These motions are somewhat complex and not readily granted.
Daniel A. Bernath, who never was a CPO in any capacity, who is a real deal disbarred lawyer, took the “n” out of “Olongapo” and placed it in Androsky’s name. “Ologapo”, because certain dummies couldn’t google the actual name. 🙄 Daniel Bernath, the non CPO, the real deal disbarred lawyer, it’s time to stop playing with your letter blocks and return the “n” where it belongs. 🙄
Mark – thanks for the update on Bernath and his “legal acumen”. Maybe when things are over with, you should do classes at law schools about vexatious litigation and use the wealth of info gathered to show students what NOT to do as a attorney.
Also, others here have stated to you about setting up a means of donating money to support you in this fight – I’d like to help out in that area, if possible.
Bernath can’t fly planes, sucks at being a lawyer, doesn’t know how to use Photoshop, useless as a human being, about the only thing he would excel at would be a taste tester at New Hope Fertility Center.
He used a 99 cent iPad app in his “airship” to tell him indicated air speed. He’s no rocket surgeon.
Don’t forget his “discussion” with the ATC at Tallahassee. Didn’t he get a fine or suspension of his license for that one?
Give the dude credit. Fucker just doesn’t know when he’s beaten.
May you be awarded many Jeeps and hot dog costumes with your mega Bernathbucks ™ that is hopefully forthcoming.
TSO…Thank you for all you do and I’m sorry for all you have to endure from this ass hat. I thank you Jonn as well. It’s an aggravating fight I imagine and you have all of my respect for standing your ground and defending not just yourself but TAH at large. Stay as strong as you are and don’t let the bastard get you down brother.
Wow. I never realized what a den of horrible people I fell into. Shame on me. I’ll probably be going to hell now.
If it’s any consolation, Matt, you were going to hell before you first arrived here. Just trying to turn that frown upside down!
Whoa! Matt A Lauer? He’s going to hell. Mark A Lauer isn’t.
We’re the original basket of deplorables. A yuuuuuge basket.
You can all expect a Hallmark Gift Basket of Deplorables this holiday season.
To me this is the most amazing part of the article:
I literally have 3 ring binders FULL of stuff on him.
Three? Just THREE?
With all that bat guano crazy things this moron has done to and directed at you, you have just three binders?
What are they? Full of microfiche or something?
Seriously though, until some court steps up and says “enough,” this will probably continue. That’s sad on so many levels.
No one wants to deny people access to the courts but at the same time, vexatious litigants and serial perjurers like Bernath clog the courts for people who have legitimate issues that need to be decided. (To say nothing of the angst he causes people.)
A pox (and more) on his house.
You misread it, girarcarver. Those were “3 Ring Binders”. Not, 3, ring binders. He didn’t specify how many binders, just the type of binder that they are. There may be dozens, or maybe just a few of those really fat suckers. I have a couple that each hold 2 years worth of a magazine that I collect.
I missed that too, Frankie. Good catch.
I feel sorry for the poor Judge that has to constantly dismiss all of those idiotic frivilous lawsuits from that loon.
I imagine that the clerks at the local courthouse that he files at dread every time he walks up to file another frivolous suit… I bet that they draw straws to see who has to deal with his crap.
Didn’t he drop off a package at a court house recently and walk away? I think he was wearing his Obumba helmet.
Many courthouses have what they refer to as “The Kook File” and I’m sure that’s where his cases end up. I’m quite sure there has never been a courthouse he’s been in that he didn’t make himself the laughing stock of. I can picture one Attorney consoling another over a faux pas made in court, one saying to another “Well HEY, you messed up, but at least you didn’t pull a Bernath!”.
I wonder if he’s familiar with that seminal case of English Jurisprudence “Arkell v. Pressdram” I quote below:
29th April 1971
Dear Sir,
We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter.
Mr Arkell’s first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.
Yours,
(Signed)
Goodman Derrick & Co.
——————————
Dear Sirs,
We acknowledge your letter of 29th April referring to Mr. J. Arkell.
We note that Mr Arkell’s attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.
Yours,
Private Eye
“I wonder if he’s familiar with that seminal case of English Jurisprudence ”
Well, partly sort of. He’s familiar with semen.
Daniel A. Bernath is a cocksucker.
Dammit, when’s it going to be my turn to be sued? 😉
Aw hell, he’s named me a few times just by my screen name only along with the names of the st least 13 innocent Men he has accused of being me and more than once he’s accused two at the same time!
Friens S. Wilkins,
In all seriousness, you DO NOT want to be involved in a lawsuit with this POS.
The vast majority of us are extremely lucky that Jonn, TSO and a few others were the “face and name” that this walking Stool Sample went after.
They put real money and time in the game. Unless you have a couple grand in disposable income laying around to hire an attorney don’t let this Son Of a cocklicking gutter whore know who you are.
He speaks much troof. Trust me, it is expensive, tough on your nerves and anxiety, and you lose your mind. I can not stress enough how not fun it is being involved in all this shit. You have to deal with lawyers, police who get bullshit sent to them by Bernath, etc. It just sucks
You and others have NO IDEA!
In fact, if others had stayed out of this issue early on, this issue would have been concluded in the positive.
So, for all the arm chair warriors who have no skin in the game and those who inserted themselves … Mind your on business.
This game is for competent and resourcefull adults only.
Chief,
You are one of the ones that have faced this shit sack down face to face, we all owe you one.
It ain’t over ’til it’s over, and I’m very sure he’s still finding ways to annoy people.
For Cock-moles like Bernath, it will never be “over”.
He was a slimy shyster well before he was outed by TAH. and he will be one long after.
TAH has just been another target/ enemy he has made/chosen.
He had his tiffs with other Lawyers, Judges, Aircraft Manufacturers, Flight Schools, Airfields, The Social Security Asdministration and others well before he he came on the SV Radar.
He’s an old hand at the game of being a miserable cocksucker.
He is the kind of asshole that will be suing his HOA, the local YMCA, Security at a Mall and the local Transit System at he Drop of a hat.
Don’t forget his losing battle with gravity. Next up, he will be filing suit against the heirs of the Wright Brothers and Isaac Newton.
“He is the kind of asshole that will be suing his HOA, the local YMCA, Security at a Mall and the local Transit System at he Drop of a hat.”
I wouldn’t be a bit surprised if he’s already sued them, the mayor, and the local Dog Catcher!
It ain’t over until the disbarred attorney makes an unscheduled landing 200 yards from Sisters Airport.
I appreciate everyone trying to reason with me but here’s the story. I’ve got nothing to lose and I love a good fight. I’ve got close to 200 grand in my war chest. And if that ugly son of a bitch Bernath wins, then so what. It wouldn’t be the first time I’ve lost everything. He can have it all so long as I can keep my rucksack, sleeping bag, compass, canteen, first aid kit, water purification tablets, ultra lightweight tent, fishing tackle and other essentials. I got it all planned out. If I do lose everything, I’ll just wander all over hell and half of Michigan, picking up 10 cent bottles and cans, eating out of dumpsters, you name it. I’ve done it before. Used to hike up to 60 miles a day, 10 years and 75 pounds ago. And in Michigan, you can earn up to $100 a day collecting cans and bottles.
This has all the making of “Fatal Attraction.”
For Bernath, it will be titled Faulty Aviation.
ok, i’m sorry here. I lost it laughing out of my ass about the letting people masturbate in guard towers like it was the order of the day ” damn it, your will spank the monkey at least 2 times while standing your post” and minor freaking australians. I mean, wtf??
I will say this, I’ve met a number of Australians both in and out of the military all over the world and there are no other people I’d rather be in a foxhole with. Great folks all of them
But would you want to masturbate with them?
I wouldn’t go that far, unless its a sheila and especially if she’s a hot sheila.
I was down in Australia quite a few years back, and myself and a few other SNCO’s went to a local pool hall to play a few games and drink some of that delicious XXXX Beer. Three rather large Australian sisters enter the establishment, and decided to put their collective moves on us in order to further American-Australian relationships. Hack has a policy of not having sexually congress with any woman larger than himself, besides, his wife would not approve. One of the sisters said “My name is Peaches.” I turned to my buddy and said “I’ll never eat peaches again.”
Mr. Bernath, IMO, is clearly abusing the legal process here. I am astonished that vexatious litigant status hasn’t yet been awarded to him. Mr. Bernath seems very mentally disturbed. While his penchant for initiating litigation seems to be fantastic, I regretfully must ask where is Mr. Bernath obtaining the funds to initiate all of this litigation? And is Mr. Bernath capable of feeding himself, performing tasks of personal hygiene, with exception for his known statements of using urinary catheter to assist for neurotic bladder issues, or some such thing. Is Mr. Bernath capable of engaging any person in a normal conversation without having the psychotic breaks I can clearly see? If Mr. Bernath has some kind of caregiver and or spouse, is that person actually serving Mr. Bernath in a positive manner without enabling his eccentric pursuits or performing tasks that cause neglect of his actual well being? While I’m sure Mr. Bernath would love to litigate against me, I respectfully advise him against doing so, as I merely express my opinion as permitted by the First Amendment to the US Constitution, which same rights he has. Do I wish Mr Bernath harm? No, but I think, for the personal health and welfare of Mr. Bernath, he should be placed in a restrictive setting under permanent guardianship of the state he resides in.
“While his penchant for initiating litigation seems to be fantastic, I regretfully must ask where is Mr. Bernath obtaining the funds to initiate all of this litigation?”
Two words “Pro Se”
If one acts as their own attorney they only have to pay filing fees at the court house, which aren’t that extensive.
Bernath can throw a couple of hundred bucks into filing suits pro se and know that the average person he sues will have to turn around and pay well over a thousand to answer his crap suits.
The longer he draws it out, the more he hurts his target. Even though his dribble gets tossed out his goal is having his target outspend him by thousands of dollars.
This is why one of the last rulings against him in Florida was so important.’
It bars him from refiling that particular suit without having a licensed attorney review and sign off on it.
This means he will have to pay an actual lawyer to go over his dribble.
Having declared a vextigiuos litigant will have the affect of making his ability to use the law for economic terrorism against his targets unfeasible.
He will have to start matching his targets dollar for dollar in court expenses.
Bingo. Unfortunately, my understanding is that the FL ruling (1) wasn’t a declaration that he was a vexatious litigant – it merely requires him to have an attorney in order to file a suit vice doing so pro se, and (2) only is in force in FL (or maybe in that particular FL state court district). So while it helps, it’s not a full solution.
I thinks this position is faulty.
The train has left the station, therefore some welcome a complete examination by all jurisdictions with authority over all open issues.
I stand ready to see where ALL of this goes.
So, if anyone is uploading info, use GSA router out of St. Louis. Normal pathway was shutdown for maintenace early. Use reverse code: TATNSYFGBAD
OVER
SREYWAL cypher TP13 Q series?
(((OVER)))
LMFAO! One thing I do know from reading the bullet points at the end of the article, That Seavey guy is a bad ass! Shoot, Chuck Norris has nothing on you in the Department of Badasses.
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Wow!! I think I just lost a couple more brain cells, reading what Bernath is calling his so called evidence. I can’t afford to lose anymore. Can someone please tell me how he keep legally doing these lawsuits.
He has yet to be declared a “Vexatious Litigant”, why he hasn’t been yet is something I see as clear evidence of how painstakinglngly slow our legal system is these days. He HAS been forbidden from filing pro se lawsuits in one district sans representation by a legit licensed Attorney and nobody in their right mind would even remotely think of taking any of his cases! Bernath had also had a number of monetary judgements against him, the Yelp case being one and I’m sure he now owes the California State Bar a hefty sum of money from the Disbarment judgement against him. He tries to skate by by having all of his possessions registered and purchased in his wife’s name in order to try and hide his assets like the plane he wrecked, it was purchased and registered in his Daughter’s name. I doubt there was ever a time in his life when Daniel A. Bernath was ‘t what nearly everyone with a brain sees as a 24K lowlife scumbag.
Until someone gets him classified as a vexatious litigant in each of the court jurisdictions in which he files lawsuits, there is nothing to stop him from filing more lawsuits. In the federal courts the defendants can seek Rule 11 sanctions against him. But even if you get a judgment for those sanctions (payment of defendants’ attorneys fees and costs), I imagine he is not someone from whom it would be easy to collect a judgment. I suspect he doesn’t have insurance anymore that will be forthcoming with more “bertnathbucks.”
I’m thinking the only real way to stop this is by having him declared mentally incompetent/ insane by a court appointed doctor
He is mentally ill in that he have major delusions of his own intelligence and self importance.
If he was in my town, I think we could get the local popo to take him in under section 5150. That would get him 72 hours in the “facility” with the mind-readers. Although, I don’t think the best of them could figure out why he does any of this stuff.
” So let this serve as your warning, if you comment with something stupid, he’s likely to add you to the lawsuits, and you really don’t want that”.
How they going to find me if I’m using a fake IP and fake email. Good luck Bernath!
Come to China and get me Bernath. You remind me a flaming pile of puke.
TSO,
Sorry to catch up on all the shit you & the gang have been through. I can only hope Bernath gets raped by camel spiders one of these days.
Wow. I hope he gets the help he needs. MF is nuttier than a pecan pie. mmmm, pecan pie…..
He’s nuttier than a barge load of squirrel shit!
Wow. I feel like a slacker because the only thing he’s ever thrown at me was a garbled assertion that I’m a domestic terrorist. Poor poor fake CPO; not only did you have a bad breakup with reality, she took all your shit on the way out the door.
It is a shame that you have to deal with this kind of thing just to keep us entertained and informed about the variety of subjects occurring in the world and military community.
Hopefully the vexatious litigant issue will stick finally and he’ll be refused filing anything in the future.
That is why any of us with no skin in this game needs to go up to the donate button and help Jonn, TSO,and MCPO NYC USN Ret. with the legal cost. Ten or twenty dollars every now and then will help more than you think.
^^^WORD^^^ Where else can you get this much entertainment for the price of a donation? Thump the offering plate. The TAH Command Group will appreciate it, I’m sure. Coconuts aren’t free, you know.
TAH “Membership” also helps you meet some fine people: my bride and I had a wonderful week with the Claws and 3/17 and we’ll be in touch til TAPS sounds for any/all of us geezers.