Fed. Nat'l Mortgage Ass'n v. Kwasnik

• Court: Superior Court of Maine
• Decided: June 15, 2012
• Docket: CUMap-12-032
• Status: Unpublished

Opinion

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STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. CIVIL ACTION D9C:KpT NO. AP-12-03. 2 f) 0 I rz 0A vV - c.JJv'\ -- (Q 1 1.5 · ·'

FEDERAL NATIONAL MORTGAGE ASSOCIATION,

V. ORDER

MAREK KWASNIK AND ALL OTHER OCCUPANTS

[J This matter came before the court on an appeal by Kwasnik from the entry of a ~

forcible entry and detainer judgment on May 30, 2012. Kwasnik now asks the Superior

Court as part of his appeal to grant his request for a jury trial and his motion to stay

issuance of the writ of possession. Kwasnik contends that he is entitled to a jury trial on

issues of promissory estoppel, estoppel by misrepresentation, estoppel by representation,

equitable estoppel. Mr. K wasnick contends that there was an agreement between him and

Linda Kames, a prior owner of the subject property located at 88 Peaked Mountain Road,

Sebago, Maine, in which he alleges that he would be allowed to live at this property

through retirement in exchange for his work on and around the house. He claims the

estimated value of the his work on the property is in excess of $50,000.

The property located at 88 Peaked Mountain Road, Sebago, was addressed in a

previous appeal by Kwasnik. In Linda Karnes v. Marek Kwasnik, Maine Supreme

Judicial Court, Decision No. Mem-11-180 (November 29, 2011), the Court affirmed the

Superior Court's denial of Kwasnik's request for a jury trial de novo, the forcible entry

and detainer judgment of the District Court and denied Kwasnik's motion to stay

issuance of the writ of possession. In that action, Kwasnik contended that his six -year romantic relationship with Linda Karnes created a legal interest in her property entitling

him to a jury trial on the issue oftitle to the property.

The court takes judicial notice of the fact that Linda Barnes no longer has any

interest in the real estate located at 88 Peaked Mountain Road, Sebago as the result of a

foreclosure judgment in Mechanic Savings Bank v. Linda E. Karnes, District Court,

Bridgton Docket No. BRl-RE-11-17 (November 8, 2011).

In the pending action, Kwasnik now claims that by virtue of another agreement

with Linda Barnes, he is entitled to continue to live in this property until his retirement

because he performed work on this property with a value in excess of $50,000. It should

be noted that in a forecible entry and detainer action that Ms. Barnes brought against him

he did not raise this claim alleging an agreement to live in the house until his retirement.

He did claim in that action his labor created some interest. Notably in that action he

claimed that "the only agreement" he had with Ms. Barnes was that he would have a 50%

interest in the property. A forcible entry and detainer judgment was entred against

Kwasnik in the action brought by Ms. Barnes.

Forcible entry and detainer is a summary proceeding to determine a single issue;

namely, who is entitled to immediate possession ofthe property." Frost Vacationland

Props., Inc. v. Palmer, 1999 ME 15,1 8, 723 A. 2d 418,421. In this case, the District

Court found that the only person or entity entitled to possession is Federal National

Mortgage Association.

M.R.Civ.P. 80D(g) provides: "Forcible entry and detainer actions shall not be

joined with any other action, nor shall a defendant in such action file any counterclaim."

Kwasnik is not free to pursue against Federal National Mortgage Association claims of promissory estoppel, estoppel by misrepresentation, estoppel by representation, or

equitable estoppel based on agreements he now alleges he had with Ms. Barnes.

The entry is:

Request for jury trial de novo is DENIED.

Request for a stay of writ of possession is DENIED.

The Judgment of the District Court is AFFIRMED.

Appeal DISMISSED.

Clerk is directed to issue a writ of possession.

Date: June 15, 2012 ~Wheeler Justice, Superior Court

Federal National Mortgage Associatio~ Esq Leonard Morley, Esq and William Jar an,

Marek Kwasnik-Pro Se