� 1 This is a consolidated appeal of two orders entered in the Court of Common Pleas of Huntingdon County effectively entering judgment for Appellee/Defendant, John Elash, Esq., and against Appellant/Plaintiff, Elmer Thomas, in this breach of contract action. Appellant’s central issue is one of first impression: Does the prisoner mailbox rule apply to the filing of post trial motions in a civil case?
� 2 Appellant is serving a term of life imprisonment for the murder of his mother. Following his conviction in 1982, Appellant availed himself of virtually every means possible to appeal his sentence including: a direct appeal to this Court; five petitions for post conviction collateral relief, *fn1 two of which were appealed to this Court and one appealed to the Pennsylvania Supreme Court; and a federal habeas corpus petition. In 1992, Appellant filed his sixth petition for collateral relief, pro se, pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. � 9541 et seq. He subsequently retained the services of Appellee, an attorney, who filed an amended petition which was ultimately denied by the trial court. Appellee continued to represent Appellant through an appeal to this Court which affirmed the trial court’s order denying relief.
� 3 On July 7, 1995, Appellant filed a Complaint in the Court of Common Pleas of Huntingdon County against Appellee alleging breach of contract in the underlying criminal action. *fn2 After Appellant filed two Amended Complaints, Appellee filed an Answer and New Matter. In mid June of 1998, Appellant sent Appellee a Request for Admissions. On July 30, 1998, Appellant filed a motion for summary judgment based on Appellee’s failure to respond to the Request for Admissions within 30 days. When Appellee failed to file a timely response to the summary judgment motion, the trial court, by Order dated October 13, 1998, directed Appellee to submit a response within 30 days. Appellee complied with the court’s order and, additionally, sought leave of court to file a late response to Appellant’s Request for Admissions. On November 13, 1998, the trial court entered an order (1) granting Appellee an extension of time to respond to Appellant’s Request for Admissions; (2) denying Appellant’s motion for summary judgment; and (3) directing the Prothonotary to appoint a panel of arbitrators to decide the case.
