PLAINTIFFS CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
Plaintiff, Rebecca R. Holzinger, by and through her attorney, David S. Dessen, Esquire files this Statement of Matters Complained of on Appeal pursuant to Rule 1925(b) of the Pennsylvania Rules of Appellate Procedure and avers as follows:
1. If the Court dismissed Plaintiffs Complaint on the ground that venue in Philadelphia County is not proper, the Court erred in not transferring venue to Lancaster County, Pennsylvania.
2. If the Court dismissed Plaintiffs Complaint on the ground that the Complaint did not conform to Rule 1019 of the Pennsylvania Rules of Civil Procedure, the Court erred because Plaintiffs Complaint was sufficiently specific. The Court also erred by not giving Plaintiff an opportunity to amend her Complaint.
3. If the Court dismissed Plaintiffs Complaint on the ground that the statute of limitations had expired, the Court erred in that Plaintiffs cause of action for intentional infliction of emotional distress did not arise until after April 13, 2002 and the Complaint was filed in a timely fashion.
4. If the Court dismissed Plaintiffs Complaint on the ground that Plaintiff failed to set forth a cause of action for intentional infliction of emotional distress, the Court erred in granting the defendants demurrer.
Respectfully submitted,
By: David S. Dessen, Esquire
Dessen, Moses & Sheinoff
Attorney for Plaintiff
Dated: September 8, 2004