Professional Documents
Culture Documents
Andrew C. Durham v. Preservation Delaware, Inc. and Dee Durham
Andrew C. Durham v. Preservation Delaware, Inc. and Dee Durham
Andrew C. Durham v. Preservation Delaware, Inc. and Dee Durham
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'Jul of"
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IN
DELAWARE
Transaction ID 62465385
THE COURT OF CHANCERY FOR THE STATE
Case No. OF
2018-0686-
ANDREW C. DURHAM, )
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v. ) Civil Action No.: - - - -
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Preservation Delaware Inc. and )
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Dee Durham )
COMPLAINT
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MOTION TO CEASE AND DESIST USING THE NAMES C.)
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Background
Five Durham siblings were given two vacation villas by their parents: the
Durham, Jeffrey F. Durham ["Jeff'] and Dee Durham ["Dee"]. One of the
vacation villas ('La Paila' in Costa Rica) was run into the ground by Jeff and
Dee and sold to Plaintiff in 2014 after incurring a 90% loss in value due lack
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The sibling's second villa, known as 'Les Chaudieres' is located in the Caribbean
LLC [the 'LLC'], which, in turn, is owned equally by the five Durham siblings
Chancery action, Complaint: Motion to Compel, for ten unanswered books and
records ["B&R"] inquiries since November 2017. Grapetree LLC's sole income-
favorite charities, her friends, her employers, and organizations to which she
is on the board and/or running for election and their devastating impact on
the LLC's income, the property's value and the ability to sell the property.
Sometime in the summer of 2018, using social media, its own website and
1. "The Durham family" in the context used by PDI can only be construed as the five
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the Board of PDI. Before filing this complaint, Plaintiff repeatedly
requested that PDI not use "the Durham Family" as donor name, or,
Neither "the Durham family" nor "Grapetree LLC' are known to have any
"donation" to POI nor given POI any permission(s) to use their names.
COMPLAINT
BELONGING TO HER
3. The fundraiser's location and date are also announced as the private
residence of Dee and her husband Barry Evans, 901 Mt. Lebanon Rd.,
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Wilmington, DE on September 23, 2018 (where the Durham siblings
were raised).
4. A silent auction is announced but the auction items are not publicly
announced.
levels, donor benefits, donations, the event agenda and when donated
7. Dee is also concurrently running for public New Castle County office.
8. Dee is aware, or should be, that since at least November 2017, her
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The books and records inquiries began when Dee gave away a discounted week to her
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personal friend, Mr. Jack Harris, Esq, apparently, quid pro quo: he is now arguing that Dee has a
right to maintain all the LLC 's books in total secrecy from the shareholders of Grapetree LLC !
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numerous steeply discounted rental weeks belonging to Grapetree
11. In making her "donation", Dee did not choose four lower levels of
14. Dee made the "donation" secretly without informing the shareholders
15. Plaintiff discovered the improper use of the "The Durham Family"
media.
16. Dee (and her husband Barry Evans) will individually and personally
17. Dee and Barry Evans do not intend to distribute the "free" tickets to
"Grapetree LLC' are known to have been invited to the event, for free
19 .As the host of the event, Dee will pose herself as a philanthropist (using
the LLC 's assets) and get to show off her home in the context of her
selfless generosity (using the LLC's assets) all the while benefitting
from free publicity and promotion for both her election to PDI and for
20. Dee will get ongoing personal promotion by making her donation.
resources"
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POI'S AND DEE'S USE OF "THE DURHAM FAMILY AND
MISLEADING
21. Dee appears to have carefully made sure "the Durham family"
22. PDI'S and Dee's false and misleading use of the name "the Durham
donation with Dee personally. I.e. using the name "Grapetree LLC"
her PDI associates or to New Castle County voters who will choose
23. Publicity from the use of the proper donor's name (if permission
Dee as most people would not connect her with the obscure corporate
name.
24. Dee's use of name "the Durham Family" for her donation is intended
25. The Durham family was never made aware of the PDI donation,
29. By using the name "the Durham family" Dee tries to promote the
15 years of battles over the two villas and the 2010-2013, well-
30."Grapetree LLC', aka "the Durham family", has already been to the
31. Yet, the destruction of the "the Durham family" began much earlier
in or about 2004 when Dee sued our then 85 year-old father for
money and to evict him from his home at 901 Mt. Lebanon Rd ...the
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32. Dee's use of"the Durham family" name with her re-imagined idyllic
life in the family home is repugnant to Plaintiff given her direct and
-- suing to evict our 85 year old father from 901 Mt. Lebanon Rd.
-- stealing most of our father's personal belongings after his death and
refusing to tum over the personal items she agreed to tum over. (This
is also the subject of court action against Dee and her husband Barry
Evans.) [EXHIBIT D]. The stolen items are at 901 Mt. Lebanon Rd.
33. Dee's and PDI's use of images of our mother, Harriet Frorer Durham,
despised her mother and did not speak to her for the last ten years of
her life. So be it, these photos are believed to be in the public domain.
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PUBLICLY, DEE FALSELY MISREPRESENTS HER OWNERSHIP
owners' names, Dee instead uses her own name. Individually and
alone.
full, sole owner of the LLC's asset in St. Lucia, the villa "Les
36. A highlighted link offers: "View more about Dee". Inside the link,
Dee again publicly claims to be the full owner of the asset "Dee:
the one she made to PDI, and to benefit from other entitlements that
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POTENTIAL TAX ISSUES
39.The IRS is very, very clear on the donation of rental weeks and
timeshares: they are NOT tax-deductible. The potential for abuse and
40. The B&R inquiries at Chancery seek to determine whether Dee and her
41. Dee is primarily responsible for answering the LLC' s B&R inquiries.
The LLC has refused to date to answer B&R inquiries regarding tax
for this donation". Thus, if Dee receives such letters individually, she
can apply them to her personal or joint IRS tax returns with her
husband Barry Evans ... defrauding the LLC and the IRS.
43. Tax fraud potentially occurs another time when a silent auction
auction), gives cash to PDI to receive the free rental weeks. They also
deductions.
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44. Many of the auctions run by Dee's beneficiaries are 'silent' meaning
(in part) they do not publish the auction items in advance; one must
45. Relevant, but not at issue here, Dee is also believed to have recently
buy airfare (and three checked bags) to fly her favorite cook from St.
Lucia to Delaware, to her private home, for the private PDI event, to
explain this expenditure, its purpose and its timing have gone
4 7. There is a lag time between when Dee must post expenses and
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48.Any (additional improper?) use ofGrapetree LLC's cash for Dee's
private, personal event at her home will not be known until after
COMPANY
50. PDI is a good organization that does good work. There are many
primarily to maintain its asset in St. Lucia and to prepare it for sale at
52. Plaintiff does not support in any way the fraudulent misuse of his
benefit while the ''family" and the "LLC' receive only a loss.
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54. While this complaint by Plaintiff may be unusual-hopefully not a
... the closest being donations made in the name of dead people (who
were unaware obviously of the use of their names). Dee's secret use
far off.
SUMMARY
approval. PDI's use of the donor names: "the Durham family" and
Dee and her husband appear to have unilaterally made the "donation" and
will benefit personally from the "donation" while Grapetree LLC and "the
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Dee is already receiving free publicity that benefits her in her election
campaigns both at PDI and for New Castle County; PDI's website shouts out
Plaintiff requests this court order PDI to cease and desist using the names
"the Durham family" and "Grapetree LLC' until such time that is has
I hereby swear under oath that I, Andrew C. Durham, pro se, have caused
this complaint to be filed with the Court of Chancery and the information
BY:
Notazy ~
WORDS: 2718
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IN THE COURT OF CHANCERY FOR THE STATE OF
DELAWARE
ANDREW C. DURHAM, )
)
v. ) Civil Action No.: - - --
)
Preservation Delaware Inc. and )
Dee Durham )
CERTIFICATE OF SERVICE
BY: ~~=----v__,(
--------
Andrew C. Durham, pro se
7440 Fountain Head Dr.
Annandale, VA 22003
302-655-0200
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