Appeal From Order Entered May 25, 1984 Court of Common Pleas, Civil Division Philadelphia County No. 4803 February, 1984
Oscar Holly, in propria persona.
Carol A. Black, in propria persona.
Cavanaugh, Cirillo and Hester, JJ.
[ 350 Pa. Super. Page 136]
In this case, the appellant, ei bon ee baya ghananee, also known as Oscar Holly, was convicted in the Municipal Court of Philadelphia. The appellee, Carol Black, Esquire, was appointed by the court to represent Mr. Holly in the post conviction proceedings. Subsequently the appellant was notified that his motions for appeal to the Court of Common Pleas and/or motion for new trial had been dismissed.
The appellant then commenced a civil action against his attorney, the appellee herein, by filing a complaint in trespass in the Court of Common Pleas. The complaint was not
[ 350 Pa. Super. Page 137]
artfully drawn, not having been prepared by a lawyer, but it alleged inter alia:
5. That the Defendant negligently and without due care permitted the Court of Common Pleas to treat said motion as a motion filed under the Post-Conviction Hearing Act, to wit: ___.
6. Paragraph five, by reference, is incorporated hereinafter as if set forth at lenght and Plaintiff avers that said Court, on or about June, 1983, did dismiss his said motion without prejudice because he didn't have standing under said Post-Conviction Hearing Act.
7. That under Rule 902, Pa.R.App.P., the Plaintiff had the right to appeal said finding of the Court of Common Pleas.
8. That the Defendant negligently and without due care did not appeal the action of said Court to the Superior Court of Pennsylvania.
9. That the Defendant negligently and without due care did not refile the Plaintiff's motion in ...