Attempt to Modify a Signed Release Form
In Rusbarsky by Rusbarsky v. Rock, 324 Pa. Super. 28, 471 A.2d 107, 108 (Pa. Super. 1984), the Superior Court held the appellant's petition for a rule to show cause improperly attempted to modify a signed release. the appellant entered into a settlement and signed release involving a medical malpractice claim. Rusbarsky, 471 A.2d at 108.
By seeking to modify the release through a rule to show cause, the appellant effectively challenged the contract itself and any future rights of the parties. Id.
The Court found the appellant's petition had "no basis in an actual controversy" and refused to render a decision affecting possible contractual rights in the future. Id.