246 Pa. Code r. 320 - Request to Withdraw Complaint; Settlement
A
(1) A
plaintiff may withdraw the complaint prior to the commencement of the hearing
by filing a written notice of withdrawal with the magisterial district court.
Upon receipt of such notice, the magisterial district court shall note the
withdrawal of the complaint on the docket, cancel any scheduled hearing (except
for a consolidated hearing on a cross-complaint pursuant to Rule 315B), and
notify the parties in writing that the complaint has been withdrawn.
(2) A withdrawal of the complaint filed prior
to the commencement of the hearing shall be deemed to be without prejudice. The
plaintiff may file a new complaint on the same cause of action upon payment of
all applicable fees and costs.
B
(1) The
parties may file a written notice of settlement of the complaint with the
magisterial district court at any time prior to the entry of judgment. Upon
receipt of such notice, the magisterial district court shall note the case
settled on the docket, cancel any scheduled hearing (except for a consolidated
hearing on a cross-complaint pursuant to Rule 315B), and notify the parties in
writing that the complaint has been marked settled.
(2) Where the parties have filed a notice of
settlement with the magisterial district court and a subsequent breach of the
settlement agreement occurs, a party may file a new complaint citing breach of
the settlement agreement as the cause of action.
C
(1) The
withdrawal or settlement of the plaintiff's complaint shall not affect the
right of the defendant to proceed with a cross-complaint filed pursuant to Rule
315A.
(2) The defendant may file a
written notice of withdrawal of the cross-complaint in the manner set forth in
subdivision A.
(3) The parties may
file a written notice of settlement of the cross-complaint in the manner set
forth in subdivision B.
Notes
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