Young, R. v. Young, D.

Superior Court of Pennsylvania·Decided December 18, 2025·No. 1480 MDA 2024·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

ROGER YOUNG : IN THE SUPERIOR COURT OF : PENNSYLVANIA

Appellant :

:

:

v. :

:

:

DONNA C. YOUNG : No. 1480 MDA 2024

Appeal from the Order Entered September 25, 2024 In the Court of Common Pleas of Columbia County Civil Division at No(s): 2019-CV-0000237-DV

BEFORE: DUBOW, J., KUNSELMAN, J., and BECK, J. MEMORANDUM BY DUBOW, J.: FILED: DECEMBER 18, 2025 Appellant, Roger Young (“Husband”), appeals from the September 25, 2024 equitable distribution order entered in the Columbia County Court of Common Pleas that, inter alia, awarded him 52% of the marital estate and ordered Appellee, Donna C. Young (“Wife”), to pay him $1000.00 per month in alimony for thirty months. Husband raises challenges to the valuation of property, the calculation of alimony, and the weight of the evidence. After careful review, we affirm.

The following factual and procedural history is relevant to this appeal.

Husband and Wife were married in 2017 and separated on February 25, 2019. This is a second marriage for both, and they do not have any children together although Wife has an adult child from a previous marriage.

Husband is a 55-year-old self-employed mason with an 8th grade education. He has operated Young’s Masonry, L.L.C. for twenty years. He

earned $72,590.00 in 2021. Husband has been diagnosed with immune thrombocytopenia since 2005, which is a platelet disorder that can lead to spontaneous bleeding. Husband was on Wife’s health insurance throughout the two-year marriage.

Wife is 53 years old and is currently the Director of Key Performance Indicators for Quest Diagnostics. Wife’s base salary in 2023 was $168,682.00 with an additional bonus of $43,000.00. Wife has a Master of Business Administration degree with a concentration in healthcare. Wife is in good health and has a 401(k)-retirement account.

Prior to their marriage, Husband constructed a home at 250 Campbell Road, Benton, PA, where he currently lives alone. Wife inherited a home from her father at 1409 Hemlock-Harveysville Road, Hunlock Creek, PA. During their marriage, Wife and Husband purchased, managed, and sold real estate together. The parties owned four rental properties, a two-acre lot, and a home in Apollo Beach, Florida (“Florida Property”), where Wife currently resides with her paramour. Husband has been collecting the rent from the rental properties and paying all the fees since the date of separation. The parties also owned ten vehicles, business equipment, a boat and trailer, farm equipment, guns and hunting equipment, a reloading bench, trailers, and a pole barn, which is a barn made from a kit.

After a hearing, the special master made recommendations to the trial court to award Husband 52% and Wife 48% of the marital property and ordered Wife to pay Husband $2,048.18 in alimony pendente lite (“APL”) per

month. Both parties filed exceptions. The court overruled the exceptions and accepted the special master’s recommendations. The court awarded Husband 52% and Wife 48% of marital property, found that Husband unnecessarily delayed the divorce proceedings, and ordered Husband to pay Wife $5,000.00 in attorney’s fees. The court found the marital property to be worth $1,603,230.00 and divided assets to award Husband $816,753.93 in total assets and Wife $753,926.70 in total assets. After adjusting for counsel fees, health insurance, mortgage balances, etc., the court ordered Wife to pay Husband an additional lump sum of $66,747.00. The court also ordered Wife to pay Husband $1,000 per month in alimony for 30 months.

Husband appealed. Both Husband and the trial court complied with Pa.R.A.P. 1925.

Husband raises the following issues for our review:

I. The trial court erred in its discretion, and/or as a matter of law, in finding a pole barn as marital property and valuing the same at [] $163,500.00 [] in the marital estate, as the pole barn is separate property on lands of another, who has not, nor intends to, provide Husband any type of legal interest in the same. As such, the pole barn is not marital property, or alternatively, if it is marital property, it should have been assigned a value of zero ($0.00).

II. The trial court erred in its discretion, and/or as a matter of law, in not accepting Husband’s 2023 real estate appraisal of the Florida [Property] with improvements at a fair market value of [] $850,000.00[], instead of [] $815,000.00[], as there is no basis in the court record to reduce the appraised value of [] $850,000.00 [] for the Florida [Property] with improvements.

III. The trial court erred in its discretion, and/or as a matter of law, in determining as marital property, the sum of []

$125,535.00 [] in net rental monies from the parties’ rental properties over a 5-year span, as the trial court erroneously relied on Wife’s projected earnings (Wife was an out-ofpossession owner for five (5) years), as opposed to Husband’s actual calculations, which correctly and accurately show net earnings from the rental properties, which are in substantial disrepair, in the amount of []

$26,500.00 [] over the five (5) year period.

IV. The trial court erred in its discretion, and/or as a matter of law, in its analysis and application of 23 Pa. C.S. § 3502(a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), and (a)(9). Specifically, the trial court failed to consider or properly consider the following:

a. Husband’s serious health problems;

b. Husband’s limited income, which is [] $28,974.00 [], as opposed to the court’s calculation at [] $72,590.00 [];

c. Husband’s limited income due to his serious health considerations;

d. Husband’s limited employability in any field other than construction;

e. Husband’s needs, such as post-divorce health insurance coverage;

f. Husband’s contributions to Wife’s increased education during the marriage;

g. Wife’s significantly better opportunity to acquire future assets (e.g., Wife spent [] $75,000.00 [] on a new boat dock, not including the boat);

h. Wife’s substantial income of [] $243,000.00 [], her stock options, two (2) 401Ks, and continued health insurance through employment, as opposed to Husband, who has limited income and no such employment benefits;

i. Husband’s contributions and money paid toward the rental properties while Wife was in Florida;

j. Wife’s excellent standard of living, while Husband’s standard of living is well below that of the marriage; and k. The tax ramifications of Husband’s sale of the parties’

rental properties, which will yield capital gain tax liability.

Proper consideration of the above-referenced equitable distribution factors supports a [] 60% division of marital assets to Husband.

V. The trial court erred in its discretion, and/or as a matter of law, in its analysis and application of the alimony factors under 23 Pa. C.S. § 3701(b)(1), (b)(2), (b)(3), (b)(6), (b)(9), (b)(13), (b)(16), and (b)(17), as well as the duration of alimony under § 3701(c), based on the following:

a. Wife earns substantially more money than Husband;

b. Wife is in good health while Husband has a serious health problem;

c. Wife has 2 401(k)s, stock options, and health insurance through employment, while Husband has no retirement benefits and no post-divorce health insurance through employment;

d. Husband's contributions to Wife's increased education;

e. Husband's limited education and age make it virtually impossible for him to find employment outside of construction;

f. Husband's need for income and post-divorce health insurance;

g. The equitable distribution award to Husband of certain rental properties does not provide him with enough income to meet his reasonable needs, especially with the properties being in substantial disrepair;

h. Husband cannot maintain himself financially without assistance from Wife; and i. Financial assistance at the current APL rate of []

$2,320.29 [] until age 65 is warranted and just under the circumstances.

Free access — add to your briefcase to read the full text and ask questions with AI

Young, R. v. Young, D., (Pa. Ct. App. 2025).

Young, R. v. Young, D. (Young, R. v. Young, D.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Biese v. Biese
979 A.2d 892 (Superior Court of Pennsylvania, 2009)
Xinda Wang v. Zhiping Feng
888 A.2d 882 (Superior Court of Pennsylvania, 2005)
Smith v. Smith
904 A.2d 15 (Superior Court of Pennsylvania, 2006)
Busse v. Busse
921 A.2d 1248 (Superior Court of Pennsylvania, 2007)
Lee v. Lee
978 A.2d 380 (Superior Court of Pennsylvania, 2009)
Haentjens v. Haentjens
860 A.2d 1056 (Superior Court of Pennsylvania, 2004)
Cook, R. v. Cook, D.
186 A.3d 1015 (Superior Court of Pennsylvania, 2018)
Childress v. Bogosian
12 A.3d 448 (Superior Court of Pennsylvania, 2011)
Brubaker v. Brubaker
201 A.3d 180 (Superior Court of Pennsylvania, 2018)