Transcription:

COMMONWEALTH OF MASSACHUSETTS
 

Comes now the plaintiff, Stephen H. Fagan, and states the following is information which is known to him of his own personal knowledge:

(1) On regular and continuous occasions, the defendant, Barbara E. Fagan, suffers from severe lapses of consciousness. Often these blackouts are preceeded by extreme loss of coherency and orientation. The blackouts last for periods ranging from two-and-half (2-1/2) hours to ten (10) hours. During this time, efforts to arouse the defendant are met with either no response or a dazed and marginally coherent request to leave her alone.

(2) The defendant also lapses into long periods of disorientation and incoherency, with limited motor function, slurred speech, dazed and unfocused eyes, and rambling speech totally unrelated to her surroundings.

(3) The defendant has on numerous occasions stated to the plaintiff that she contemplated suicide, and within the last six (6) months, the plaintiff has noticed an excess of twelve (12) gallons of distilled alcohol missing, including numerous bottles of alcohol which have been refilled with water. Further, the plaintiff has noticed excessively large quantities of drugs missing including but not limited to dexadrine, ritalin, thorazine and valium, and the defendant has previously been hospitalized on at least one (1) occasion at St. Elizabeth's Hospital in Brighton, Massachusetts for a drug overdose.

((4) The defendant's mother, Constance Kurtch lives in Burlington, Vermont, and has figured prominently in causing and creating disharmony and disunion between the parties, the defendant has and continues to have substantial contact with said Constance Kurtch, her mother, and plaintiff believes that there is a likelihood that defendant may abscond from the jurisdiction, taking with her both children. Rachael and Wendy, ages three-and-half (3-1/2) years old and eight-and-half (8-1/2) months old respectively.

(5) The defendant has on numerous occasions disappeared for long periods of time without any prior notice or indication. On one (1) occasion, on October 20, 1977, the defendant left for approximately ten (10) hours, with no indication as to her whereabouts or when she would return. The plaintiff placed calls to a variety of persons, finally placing a call to the local police department reporting the defendant missing and requested an "attempt to locate." The defendant finally made contact with Edward Stone, a family counselor who had been working with both parties, who responded to plaintiff's earlier call by calling plaintiff and informing him of the defendant's whereabouts and safety.

(6) On or about December 10, 1977, the plaintiff walked downstairs into the kitchen and found the toaster oven in flames. Six (6) pieces of chicken and butter had been placed inside the oven, and the dial set at 500 degrees. After the fire was extinguished, the plaintiff found the defendant upstairs, unconscious in a spare room. When asked about the fire, the defendant seemed only to vaguely recall having placed the food in the oven.

(7) Plaintiff has frequently entered a room and found defendant "asleep" in the middle of the floor with the youngest daughter, Wendy, nearby crying, and the older daughter, Rachael vigorously asserting, "mommy's resting. mommy's resting."

(8) The plaintiff has observed clear and unmistakable emotional and behavioral changes in his older daughter, Rachael when she is in the presence of the defendant. These changes are evidenced by a whining and petulant attitude, quick annoyance over petty matters, and a sharp irritable behavior which does not otherwise exist except in the presence of the defendant.

(9) The defendant has become increasingly less able to perform basic household tasks, causing the plaintiff to assume almost all responsibility for cleaning and caring for the house and the children, including the buying of food and other household necessities, cleaning the house, and after preparing afternoon and evening meals for the children.

(10) The defendant has continuously refused all suggestions by the plaintiff to hire someone to assist her in the cooking and preparation of food for the children, general care of the house, and to be present in case of emergencies during those times when the defendant suffers from blackouts.

(11) In the past six (6) months, the defendant has been treated on two (2) separate occasions as an in-patient of the psychiatric unit of the Leonard Morse Hospital in Natick, Massachusetts, for a total of nineteen (19) days. The most recent time being November 25, 1977, for a period of two (2) weeks, and is currently being treated with anti-depressants under the care and prescription of her physician. A complete summary record of defendant's treatment and counseling (including joint counseling sessions with family therapist, Edward Stone) are attached hereto and marked "A."

(12) If plaintiff were to be granted Temporary Custody of the minor children, he would limit his total working time (absence from his home) to a maximum of eighteen (18) hours a week and further asserts that he has made firm arrangements with his aunt, Pheobe Nason and his cousin, Barbara Fox, both of whom are well known to the children, to be with the children during those hours when plaintiff would be required to be absent from his home.

I, Stephen H. Fagan, swear under the pains and penalties of perjury that the above is a true statement of facts which are known to me of my own personal knowledge.

Signed this twenty-sixth day of December, 1977.

(signature of Stephen H. Fagan)

Stephen H. Fagan