Smith v. Smith

MILLER, P.J.,

— -Plaintiff filed a complaint in divorce and defendant filed a counterclaim, not including a count for divorce, but including counts for alimony, alimony pendente lite and costs.

*71Plaintiff now requests a discontinuance and defendant opposes it.

A discontinuance is the exclusive method to voluntarily terminate an action prior to trial (Pa.R.C.P. 229). The effect of the discontinuance is to terminate the action without an adjudication on the merits. It places the parties in the same position as they were as though the action had never been commenced in the. first place.

At one point…