I was in my late forties, had some bad falls on the job, never sick, a number of concussions, outside of that, nuthin. Then I had my first heart attack, didnt believe it was happening, waited two days went to a hospital...it just sucks to get old, to feel weak. Gettin old aint for sissys...sucks.

Don, as a Floridian since I was 8 years old, I sincerely hope that you do not think all Floridians are idiots like Bernath, he is a total lunatic and where his brain is as far as his intent is a mystery. I really think your thinking `outside the box` is the ideal approach in this case. I really hope that you will counter sue Bernath for everything, reimbursement for all expenses incurred as a result of this legal case as well as mental duress for the both of you as well as the stress induced on your instructors, basically all of your employees that are `worried` about losing income as well as tarnished reputations. Also this goes without saying legal fees and costs of this attorney that flew from Colorado to represent you when your original attorney stepped aside to allow this new attorney to take over the case. In my opinion you should be owning a rental house that used to be Bernath`s residence!! This bastard would not be able to afford a newspaper subscription if I were in your position, that is when you get through with this legal case. Best of luck to you and Diane!!!

Would someone with more brain cells than me please explain how this nitwit collects disability. He seemed to walk and ride his bike ok. Even though he isn't a very good pilot he still was flying his plane for a little while. What is his disability other than being fuckin' nuts.
This is the same kind of shit like the kid that ran to mexico after killing people and getting probation. the legal system in this country gets abused by these accident chasers and it effects all of us. God I hope your lawyer gets the judge to shut this clown down forever.

Don, is my information at risk? Did my CC number get exposed on those emails?

This DAN guy is a FUCKING TOAD.

I have a question.

How can Bernath file a subpoena and force the web hosting company to give him your information if he isn't a licensed attorney? Isn't that illegal?

You only go on a list if the restraining order is granted, being served just means you have been legally notified of a hearing but that's all it is, it isn't a restraining order it's just a subpoena basically saying a hearing will be conducted, and these are your rights, it actually protects you. Don if he doesn't show for the hearing it's dismissed, you will NOT lose your guns he is just trying to intimidate you. Call his bluff, don't worry about it, truth is an affirmative defense for you.

What @Doc said.

The service of process issue can usually be waived, but with Bernath's history, its better that you are served in order to prevent any issue from arising on appeal and letting that fool have a legal do over. Don't sweat that restraining order. He has to prove up his claims in court. The subpoena is served on the web master and nobody has to be notified, typically, because its just a demand for records. Just try to stay mellow about his crap. He's just trying to get under your skin and make you scared. Screw that. You aren't going to lose your guns. You weren't armed during the Fl. Visit, he was, and in violation of Florida law, for the sole purpose of menacing you while you were on a public roadway. As you said, he will lose, his case in court. When he loses, you will not have your weapons taken. So even though, that may be his ultimate goal, he will not win there. Hes just a legal bully. You are letting him talk you in circles. Don't.

As far as the publication of his personal info, he made that claim against a judge in Oregon. He made a claim to state bar counsel that the judge in the case released private SSN info. It didn't go well for him with the state bar, but the Social Security Administration did go after the judge. The judge settled out and took a 30 day suspension with state bar in lieu of further action with social security and that judge had to recuse himself from all of Bernath's cases. There's his out of the box shady legal dealings. He is an unconventional guerrilla fighter when it comes to the use of the law.

Bernath is under discipline by Cal Bar and cannot practice. He was not admitted to the practice of law in Oregon for issues of moral turpitude. He practiced there as claims rep on SSA issues. You do not need to be an actual attorney there to be a claims rep. I find no record of him being an admitted attorney in the state of Florida. The rules state that representing ones self as an attorney, even in an action where the person is self represented is unauthorized practice of law. Your Florida Attorney and any one else with first hand dealing of his unauthorized practice claims, should report him to Florida State Bar Disciplinary Committee. They cant take away a licence that doesn't exists, but they will go after him wherever and however they can.

Bernath is a shady Mo-Fo. That is for sure. I'm disgusted that he was ever admitted to the practice of law.

The client just has to be served, as a rule of law. so the client served is the one on record. Second, this bullshit restraining order must be proven by him, that there is an actual clear and present danger as presented by you, that you are a danger to him. There is none. Third, the taking your guns thing is an actual in a PTA order, or a protection from abuse order. Which does not apply to you. If any judge in his right mind would grant a restraining order, demanding your weapons, it woudlnt take much for your attorney to get him disbarred. which, may not be a bad idea for you to mention to your attorney, An attorney that lies, a founded lie in court is grounds for disbarment.

God is a God of Justice....and I believe He is going to honor you and Diane in this. Be encouraged.