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Wife's Motion for Sanctions averred that there was a filing cabinet located in the marital home, which, among other things, contained tax records and documents which establish the existence of her premarital business.Wife argued that these documents would support her contention that Danberger Associates, Inc.Additionally, the Motion for Sanctions sought an award of attorneys' fees.The Court held a hearing on this matter on July 1, 2013 and October 15, 2013 to consider whether Husband's alleged destruction of evidence occurred and, if so, whether sanctions were appropriate.Wife claims that the documents destroyed by Husband supported her position that her advertising company, Danberger Associates, Inc., is a premarital asset, which should be excluded from equitable division in the ancillary proceeding.
Between 19, Wife worked for the Krell Corporation, a professional placement agency, where she provided marketing, advertising, and technical writing services to Du Pont and several other businesses. Spoltore, Esquire, Fox Rothschild, LLP Wilmington, Delaware, for Petitioner Jane P. Danberger (hereinafter “Husband”), who is represented by David C. The parties are divorced and matters ancillary to the divorce are pending before the Court. Gagne, Esquire, Woloshin, Lynch, Natalie and Gagne, P. Spoltore, Esquire, against her former husband, Daryl A.The Sanctions Motion alleges Husband destroyed material evidence.Specifically it is alleged that, following the parties' separation and divorce, Husband destroyed documents that were in a filing cabinet located in the marital home, without authorization or notice to Wife.
Pursuant to a Scheduling Order entered on December 28, 2012, the Court determined that it would be in the interest of judicial economy to hold a separate evidentiary hearing prior to the final ancillary hearing to determine whether Danberger Associates, Inc. The Court's decision on the issue of whether the corporation is a marital asset is the subject of a separate decision of the Court.