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Affidavit of Helenmary Wilk
(neighbor of Barbara Kurth) - 09/17/79

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1. My name is Helenmary Wilk and my address is 126 Mohawk Forest Boulevard. I am submitting this affidavit in support of the motion of Stephen H. Fagan for permanent custody of his children, Rachael and Wendy.

2. l am a neighbor of Barbara (Fagan) Waugh. My home is across the street from Barbara's. I have lived at my present address since May 1, 1979, during which time Barbara has had custody of Rachael and Wendy.

3. I have often seen Rachael and Wendy outside playing with my child and with other neighbor children. About 90% of the time Wendy does not have any pants on when she is out, even when she is out sitting and playing in the dirt. When Rachael is outside playing, she is usually dressed inappropriately for the weather. Both Rachael and Wendy are almost always unattended by their mother, for hours at a time.

4. On Friday, September 14, 1979 one of the neighbor's children came running to a neighbor saying that "Rachael Fagan's mother is dead." My neighbor Sandy LaBombard, and I went to Barbara Fagan's apartment. Rachael was upstairs calling her mother attempting to wake her up. Several minutes later, Barbara came to the door staggering. In my opinion, she was intoxicated. Sandy and I then left, and Rachael went to Sandy's house. I had finally had enough of what I consider poor care of Rachael and Wendy, and felt I had to do something to help them. I learned from Rachael her father's name (Steve and that he lived in Framingham) and got his home telephone number from information. I called him and explained to him that Barbara was unconscious and thought to be dead by his children, and that he better do something quickly. I then called a family services organization. In the meantime, I learned that all Rachael had had to eat that day was cereal, and that she had fixed the cereal herself and fed Wendy cereal also. Neither child had eaten since that time, and it was approximately 5:00pm. Although Rachael had never been in my home before, I fed both Rachael and Wendy dinner. I tried to call Barbara several times, but she did not answer. I called Stephen back, and told him that I thought he had to come and pick up his children, since Barbara was unable to care for them. He had left Framingham and drove to North Adams, but by the time he arrived Barbara had awakened and come for the children. I had, in the meantime, called the police and the family services organization again. Rachael and Wendy were in my home for about three and a half hours during this time, and Barbara did not even inquire as to where they were.

5. My daughter, who is close in age to Wendy, plays with Rachael and Wendy outside. However, I do not allow my daughter to play in Barbara's apartment because the children get no supervision there. I am afraid that my child will be hurt (fall or get into something), and believe that Barbara is not a responsible mother.

6. On Saturday, September 15, 1979, I was worried about Rachael and Wendy, so I called their apartment. Rachael told me her mother was sleeping. About two hours later (7:00pm) I called and spoke with Barbara. I then went to her apartment to see how Rachael and Wendy were. In my opinion, she was intoxicated again. She stumbled over the doorway and nearly fell. While I was there, Barbara told me that her husband, Warren Waugh, was leaving for California, that she had his ticket, and that she intended to join him there with the children.

7. On Sunday, September 16, 1979, at about 6:30 pm, Sandy called me outside. Wendy was in the window sill and Rachael was in the house, crying, yelling for help, and crying that she was hungry. I ran over to Barbara's apartment, and had Rachael open the door. Rachael told me that her mother was "sleeping, she's only sleeping." I went inside, and asked Rachael why she was crying. She answered that she was crying because she was hungary. She said she had had only had some bacon to eat that day. Wendy was also crying, "I'm hungary." Barbara was lying on a mattress which is on the living room floor, apparently sleeping. I went over to her and shook her several times, and she just rolled over. She did not wake up. I returned to my home and called Stephen's parents, (I had met his mother Friday night), and I called the police. Stephen's parents left Marlboro immediately and drove to Greenfield. They called me from there, and I told them that Barbara had finally gotten up. They returned to Marlboro.

8. Barbara told me that Rachael bad not been to school all last week, and I saw Rachael outside playing today. I asked. Rachael today why she was not in school, and she said that "Mommy is expecting lots of phone calls and doesn’t have a car."

9. I believe that Rachael and Wendy do not receive proper care from their mother. I have observed this since the beginning of the summer. Rachael is very introverted and does not act like a normal, happy five year old. She seems to take a very motherly role toward Wendy. I do not believe that Barbara is taking care of the children, and that they should be given much better care.

10. I had never met or spoken to Stephen Fagan before I called him Friday, September 14, 1979, and met him that night with his mother.

Signed under the pains and penalties of perjury;

Sept 17, 1979(Helenmary Wilk signature)
DatedHelenmary Wilk

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