Syno v. Syno

594 A.2d 307, 406 Pa. Super. 218, 1991 Pa. Super. LEXIS 1811
CourtSuperior Court of Pennsylvania
DecidedJune 27, 1991
Docket688
StatusPublished
Cited by21 cases

This text of 594 A.2d 307 (Syno v. Syno) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Syno v. Syno, 594 A.2d 307, 406 Pa. Super. 218, 1991 Pa. Super. LEXIS 1811 (Pa. Ct. App. 1991).

Opinions

[221]*221POPOVICH, Judge:

In this case of first impression for our Commonwealth, we hold, inter alia, that an adjudicated incompetent may prosecute a civil action in divorce through a guardian or guardian ad litem.

Having reviewed the records and the parties’ briefs, we agree with appellant that appellee, Frank T. Syno, an adjudicated incompetent, may prosecute his civil action for divorce only by means of a guardian or guardian ad litem, and, thus, his divorce decree which was obtained without the assistance of an appointed guardian is void. Nevertheless, we are convinced that, under certain conditions, an incompetent should be permitted to file a divorce action in this Commonwealth through a guardian or guardian ad litem. Accordingly, we vacate the divorce decree and remand for appointment of a guardian ad litem and for determination of whether Mr. Syno is capable of making sound personal decisions, whether he possesses a reasonable understanding of the nature of the action for divorce and whether he desires this divorce action to be brought. Pa.R.C.P. 2056(d) (court may vacate judgment and enter an order in the nature of a procendendo).

The record reveals the following facts: On November 24, 1984, Mr. Syno filed a complaint seeking a divorce under Section 201(d) of the Divorce Code alleging that the parties had lived separate and apart for more than three years. Mrs. Syno filed an answer and new matter denying that the marriage was irretrievably broken. Mrs. Syno asserted that her husband had been adjudicated an incompetent five months prior to instituting the divorce action with the result that he was incapable of bringing such an action. Mr. Syno, in reply, asserted that he was competent and capable of bringing the divorce action. A master’s hearing followed in which Mr. Syno was allowed to testify despite Mrs. Syno’s continuing objection to his competency. Following the denial of her petitions to stay the proceedings pending the appointment of a guardian ad litem as well as to [222]*222compel Mr. Syno to undergo a psychiatric evaluation, Mrs. Syno ultimately filed a § 201(d) counter-affidavit admitting that the parties had lived separate and apart, from November 25, 1984.1 Following a second master’s hearing on October 27, 1987. Mr. Syno filed a petition for bifurcation. The trial court declined to order bifurcation until the filing of the master’s report and recommendation. On March 17, 1988, the master recommended granting the decree. Mrs. Syno’s ensuing appeal to this Court from the denial of her exceptions was quashed as interlocutory at Syno v. Syno, 389 Pa.Super. 505, 567 A.2d 717 (1989). On February 28, 1990, the trial court issued a decree in divorce, retaining jurisdiction of the ancillary claims. The present appeal followed.

Herein, appellant, Marie Syno, raises the following questions on appeal: 1) Whether appellee, Frank Syno, is an incompetent as defined by the Pennsylvania Rules of Civil Procedure such that he may not prosecute any civil action in this Commonwealth except through a guardian or guardian ad litem; 2) Whether an incompetent may prosecute a divorce action in this Commonwealth through a guardian or guardian ad litem; 3) Whether the lower court erred in ordering bifurcation of the divorce and equitable distribution proceedings; 4) Whether the testimony of an adjudicated incompetent is admissible, competent evidence; and 5) Whether the lower court erred in denying appellant’s motion for a mental examination of appellee.

Before addressing the issues raised by appellant, we must review the facts surrounding Mr. Syno’s prior incompetency adjudication. On June 29, 1984, First Eastern Bank of Pittston was appointed the guardian of Mr. Syno’s estate, upon stipulation of counsel; the trial court specifically noted in its order that “[t]he Court has not ruled on the issue, and there has been no request for a ruling, on [223]*223whether or not Frank Syno should have a guardian appointed for his person.”2 Order, dated 6/29/84. Mr. Syno’s psychiatric evaluation concluded that he suffers from an Amnestac Syndrome (DSM-III 294.00),3 a syndrome making him likely to become the victim of designing persons.

The record indicates Mr. Syno’s prior incompetency determination was limited, establishing Mr. Syno’s incompetency only with respect to management of his estate. There was not a determination of whether Mr. Syno should have a guardian appointed for his person. However, in permitting Mr. Syno to proceed without a guardian ad litem, the lower court created a kind of dichotomy among adjudicated incompetents which does not exist by law. Nowhere in the case law of the Commonwealth nor in our statutes is there authority for two distinct types of incompetents: those who are unable to manage their finances and those unable to manage their personal lives. See Pa.R.C.P. 2051; 20 Pa.C.S.A. §§ 102 and 5501. Rather, an incompetent is a person who meets either criterion. Once one has been determined to be incompetent, one is incompetent for all purposes until, by court order, the status of incompetency is lifted. 20 Pa.C.S.A. § 5517; Pa.R.C.P. 2051 (an incompetent is a person “who has been adjudicated incompe[224]*224tent”).4

Presently, it is undisputed that at the time this action was instituted, Mr. Syno had been declared incompetent. Pa.R.C.P. 2051 is quite specific, defining an incompetent as a person “(a) who has been adjudicated incompetent ...” Thus, Mr. Syno, absent an intervening determination of competency, is an incompetent for the purposes of this action. Pa.R.C.P. 2051, 2056(e) (“A finding of incompetency shall be based either on evidence presented to the court in which the action is pending, or on an adjudication of incompetency entered by a court of competent jurisdiction.”).

Accordingly, Mr. Syno cannot maintain a divorce action, or any civil suit for that matter, in his own name, but rather must be represented by a guardian or guardian ad litem. Pa.R.C.P. 2053, 2056(a). Once the lower court was alerted to the fact that Mr. Syno was an incompetent, the court, before proceeding, should have either required his current guardian, First Eastern Bank of Pittston, to assume its duties or appointed a guardian ad litem for the divorce action. Pa.R.C.P. 2056.5 Since Mr. Syno was not represented by a guardian in the divorce proceedings, the divorce decree is void.

Although Mrs. Syno is correct that it was error to permit Mr. Syno to pursue this divorce action in his own name, we reject her assertion that an incompetent should not be permitted to institute a divorce action in Pennsylvania. In fact, the rules of civil procedure governing actions for divorce or annulment anticipate that an incompetent can be a plaintiff in an divorce action. Pa.R.C.P. 1920.12 states: “... the plaintiff shall set forth in the complaint as to the [225]*225cause of action of divorce or for annulment (1) the names of the plaintiff and defendant and, if either party is a minor or incompetent, a statement to that effect and the name and address of such party’s guardian, if any ...” (emphasis added).

As previously stated, the question of whether a guardian ad litem may file a divorce action in this Commonwealth on behalf of his incompetent ward is a question of first impression for Pennsylvania appellate courts.

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Bluebook (online)
594 A.2d 307, 406 Pa. Super. 218, 1991 Pa. Super. LEXIS 1811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syno-v-syno-pasuperct-1991.