ERIC D. BROWN, SR PLAINTIFF
DEBORAH WARDWELL DEFENDANT
ORDER AND DECISION
December 21, 2012 Eric D. Brown, Sr., Plaintiff herein
(hereafter referred to as Eric) filed a complaint against the
Defendant, Deborah Wardwell (hereafter referred to as
Deborah) asserting the following claims:
Count I-Action to Quiet Title
Count II-Declaratory Judgment Action
Count III-Improvident Transfer of Title
Count VI-Reformation of Deed
on the matter was held July 13, 2016. Testimony was received
from Eric, Deborah, Attorney Daniel Nelson and Anthony
Bowers, and in addition deposition testimony of Jonathan
Borkum, PhD. (Exhibit 5)
a 73 year old man with a complicated medical history related
to a serious work related back injury. Over the course of
several years he had multiple back surgeries, but remains to
date in chronic pain, requiring medication. Eric was
previously married and had five children, but the marriage
ended in divorce in 2000. His children were not active
participants in his life or health care in the years
immediately prior to and including the time of events which
are the subject of this case. Through those years he resided
in Hammond Plantation, Maine.
2007, Eric was introduced to Deborah. They became friends and
eventually began dating. Deborah would spend some evenings at
Eric's home and they would sleep together. They developed
a loving and caring relationship.
six to eight months after they started dating, Eric proposed
to Deborah and gave her an engagement ring which she
accepted. Deborah then moved in with Eric at his Hammond
2008, Eric's grandson came to live with them. The
grandson's presence resulted in added tension and created
distance between Eric and Deborah. Eric suggested to Deborah
she move out of his home, which she did, She also returned
the engagement ring. After moving out Eric and Deborah
remained friendly, but with the passage of time over the next
year they had little contact.
Christmas in 2009, Deborah sent Eric a card. This led Eric
and Deborah to resume contact with one another in early 2010
and soon their relationship re-kindled. Deborah again began
spending overnights at Eric's.
this time, Eric's relationship with his grandson soured
and the grandson left the area. Up until the time he left,
the grandson had also served as Eric's
"caretaker", for which services he was paid by
Eric's workers compensation insurer, One Beacon.
departure of the grandson, Deborah began staying more
frequently and eventually moved back into Eric's home. At
Eric's suggestion she also assumed the role as
"caretaker" and, as had the grandson, was paid for
those services by One Beacon. When Deborah became the
caretaker, Eric advised Deborah to set aside a portion of her
payments for income taxes, which she did.
moving back into Eric's home, Eric also returned to
Deborah the engagement ring he ...