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Dan
Iagatta's Plight
In a little over two years he went from an able-bodied self-employed
plumbing and heating contractor/pilot/firefighter/paramedic/town
official/environmentalist/and most importantly a father of two boys,
ages 10 & 12. Dan has spent over $100,000 modifying his marital home
for his quadriplegia disability caused by a bicycle accident. The
courts have done Dan great injustices by not allowing him or giving him
special access (as required by the American Disabilities Act?) for his
first four days of trial, removing visitation and custody of his two
children, wife allowed to remove children from religious education
classes that Dan teaches, Judge intimidates Dan to use a lawyer at
trial, Judge makes biased decision on first day of trial stating “I
envision you making $70,000 in the near future” and “I am familiar
with your disability”.
Dan now has until January 26, 2007 to give his estranged wife 50% of the marital home in
cash and $75,000 in 10 years and to pay back the two children's college
funds tenfold and Dan is to surrender his $200,000 inheritance to his
wife, she is allowed to keep her $250,000 inheritance and Dan has to
remove a $40,000 elevator along with a $15,000 ramp and put all the
doors back to their original location before his injury. Dan also has
to pay the parent coordinator in full (even though the court order says
his estranged wife pay ) Dan has to pay the last 18 months of mortgage
and maintenance (even though the court order says it is to come from the
proceeds “off the top” before division of assets) of approximately
$54,000 on top of several promissory notes and a lien by Mass Health
along with other outstanding bills that would have to be paid once Dan
turned his house into a “liquid asset”. Judge Boorstein is quoted “will
have to obtain an apartment, most likely the most realistic alternative
form for him”. That is a hidden name for a urine soaked nursing home.
Dan needs
approximately 1100 sq/ft. for rehabilitative and specialized equipment
which he uses on the second floor of a garage. Dan uses the first floor
of the ranch house and his live-in aides live in the downstairs part of
the house. Dan has a cost of $60-$90,000 per year to maintain a
quadriplegic’s needs but the judge explained she knew that. Dan was
ordered to pay $26,600 towards attorney’s costs and $780 for her
stenographer, but was not reimbursed for his $40,000 in legal Dan's
expenses or $1000 in stenographer fees. Dan has to sell the house by
August 31, 2006 and vacate the house by September 30, 2006. Dan's
estranged wife has “sole discretion for selling the marital home for
whatever she deems reasonable.”
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Dan Iagatta was a 23 year Plumbing business owner,
14 year Lt. Firefighter/Paramedic, on the Foxborough call fire
Department, pilot, Rotarian, Board of Health and Providence College
graduate/Fire Science, Board of Trustees, Firefighter I/II,
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April 10, 2004, he was hit by an automobile while riding
a bicycle training for a triathlon and rendering him a C4/C5
quadriplegic. After 2 back surgeries in Boston Medical Center and 3
months of intense rehabilitation in Denver, Colorado he returned home
in July 2004 and had a fundraiser in October 22, 2004.
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Dan's estranged wife had Dan committed to Norwood
hospital for a psych evaluation and was later released OK.
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Estranged wife tells best friend she is leaving Dan
after the fundraiser.
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Dan has to pay over $4,000 a month in private nursing
because his wife will not care for Dan. Note: Dan's estranged wife is
an operating room Registered Nurse.
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November 20, 2004, MGL 209 A restraining order was
served to Dan; November 22, 2004, 2nd MGL 209 A second order served
again to Dan.
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Estranged wife runs over husband in wheelchair in
driveway with car? Husband is not pressing charges.
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November 2004 MGL 209 A, Norfolk probate court removes
order upon seeing Dan is a quadriplegic in a wheelchair.
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November 2004 Dan Is Ordered by Judge Harms to illegally spend $10,000 on council. Dan objected and wanted to go pro
se. Judge Harms told Dan “You do not even know what the word means."
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Dan's estranged wife removed $10,000 fraudulently from
his trust fund to purchase her new vehicle/rent.
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November 2004, Dan was ordered to have supervised
visitation and to pay approximately $500/$1500 disability pay as a child
support. Dan later objected and stated this was more money than an
able-bodied person paid.
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Dan's estrange wife removes both children's from grades
4 and 6 From St. Mary's religious education program because Dan was
their teacher.
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March 2005, Dan complains of supervised visitation; not
seeing the children but twice since November 2004; Christmas was
celebrated in February.
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May 2005, Dan spends approximately $2,000 to obtain a
court order just to go see his children at concerts and a science fair.
Note: takes Dan one complete school year to obtain 04 /05 school
records. (Over 40 e-mails)
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August 22, 2005, court ordered Dan to surrender children
after having custody 24/7 the past three months. Note: Dan has still
not seen his children in the past 11 months.
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October 21, 2005, Dan enrolls in the Brockton visitation
Center; Dan's estranged wife cancels a visit in February because of 1
inch of snow, minutes before Dan's arrival. Visitation Center cancels
visitation completely because Dan was 11 minutes late. Note:
Dan allows over two hours to get to his visitation Center and his
neighbor, on that day, had the lift break; terminating Dan’s
visitation. Dan's van has over 250,000 miles on it and was donated to
him. It costs approximately $200 per visit and Dan never got to see his
kids once and spent approximately $600 plus registration fee.
Note: Dan showed up when the visitation center was closed and no
one notified him/they notified his estranged wife who was supposed to
call Dan and never did.
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March 2006, Judge Boorstein gives Dan a court order to
obtain court tapes for the four days of trial that he was not present.
Note: after approximately 100 attempts in three months after trial; he
still has received no tapes.
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March 2006, Judge Boorstein gives Dan a court order to
obtain what equipment he would need for teleconferencing. Note: ADA
coordinator recommended that I “spend $175 an hour and go to Kinko's to
have my testimony recorded."
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July 7, 2006, Dan shows up in court for a motion hearing
on his children. Dan had to pay approximately $1,000 for a stenographer
and a handicap taxi to and from the courthouse because the court will
not supply or allow any videoconferencing. Dan followed all the rules
of the court that day in the motion which were scheduled on the docket;
outlast his estranged wife and counsel did not show up and the judge did
not even listen to what Dan had to say.
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