Table of Contents
Statement of Explanation-Joint Appeal…………………………
2
The text of the order(s) in question…………………………………...3
The questions presented for review…………………………………...4
Statement of Authorities………………………………………………5
Statement of the case………………………………………………….8
Conclusion……………………………………………………………..33
Statement of Reasons for Allowance of Appeal……………………….35
Certificate of Service…………………………………………………..37
Addendum pertaining to MDA 1683 2009……………………………..38
Appendix A…….Decisions pertaining to MDA 1685 2009
Appendix B…….Decisions pertaining to MDA 1683 2009
1
Statement of Explanation of Joint Appeal
Matters MDA 1683 2009 and MDA 1685 2009 are irrevocably linked. If the
arguments under MDA 1685 2009 are true; then the arguments for MDA
1683 2009 are a virtual certainty to be true. In that regard,
Plaintiff/Appellant Jon Myers (“Myers”) has produced the vast majority of
his arguments for MDA 1685 2009. He will include a very brief supplement
in the addendum, regarding the specific issues of MDA 1683 2009; honoring
the request for brevity from the Court. Myers respectfully submits both of
these appeals jointly under PA R . A. P. 512
2
The text of the orders in question
Order of the Superior Court of Pennsylvania January 27, 2011

“The Court hereby DENIES the application filed November 29, 2010, requesting
reargument or reconsideration of the decision dated November 18, 2010.” PER
CURIAM
Decision of the Superior Court of November 18, 2010 in pertinent part:

“The question presented by the demurrer is whether, on the facts averred, the law
says with certainty that no recovery is possible. Where any doubt exists as to
whether a demurrer should be sustained, it should be resolved in favor of the
demurrer…” Constantino v. The Univ. of Pittsburgh, 766 A.2d 1265,
1268 )Pa. Super. 2001) (citation omitted.) “The test on preliminary objections is
whether it is clear and free from doubt from all of the facts pleaded that the
pleader will be unable to prove facts legally sufficient to establish his right to
relief.” Bower v. Bower, 611 A. 2d 181, 182 (Pa. 1992).
“After reviewing the record and the parties’ briefs, we conclude that the trial
court did not err in granting the Defendants’ preliminary objections and
dismissing Myers’s Complaint. The trial court has analyzed this issue accurately,
and we affirm on the basis of the trial court’s Opinion. See Trial Court Opinion,
8/24/09, at 4-6.”
3
Opinion of the Lackawanna County Trial Court of August 24, 2009, in pertinent part:

“While Pennsylvania recognizes a cause for action for intentional infliction of
emotional distress, the Courts have only allowed recovery in very egregious
cases.” Hooten v. Penna. College of Optometry, 601, F.. Suppl 1151, 1155(E.D.
Pa. 1984); Section 46 of the Restatement (Second) of Torts.
“The conduct of the Defendants in the case at bar simply cannot meet the standard for
extreme and outrageous conduct as articulated in Johnson. Defendants support for
Plaintiff’s ex-wife throughout divorce proceedings cannot be regarded as beyond all
possible bounds of decency, atrocious and/or utterly intolerable in a civilized
community. Plaintiff’s claim for “Emotional Abuse” is therefore dismissed as legally
insufficient.” Senior Judge Harold A. Thomson.
The questions presented for Review
1. Did the Trial Court err gravely in its assessment of the pattern of behavior that has
been conducted against Jon Myers (“Myers”) by Morey and Sondra Myers
(“parents”), his biological parents for a period of time that exceeds twenty-two
years now?
2. Is that pattern of behavior identified by Myers, so egregious, as to not only be
beyond all bounds of decency in a civilized community, according to the
Restatement (Second) of Torts, Section 46, but is it actually precedent-setting
with regard to its emotional derangement, psychological torturing, outright
merciless sadistic behavior and reckless and willful infliction of emotional
4
distress that in a rational sense could have led to the death of Myers?
3. Is this a ground-breaking precedent-setting case, that helps defines Pennsylvania’s
struggles with said Tort, as reflected in Kazatsky v. King Memorial?
4. Has Counsel for the Appellees, Richard S. Bishop participated in a significant act
in the pattern of behavior dating back to 1988, and extending through today, and
is he thereby exhibiting not only a conflict of interest, but has a vested interest in
the perpetuation of the Intentional Infliction of Emotional Distress against Myers?
5. Does the gravity of Myers’s statements outweigh any imperfections and the like,
as a Pro Se litigant in his entire presentation, and is he not in fact doing a terrific
service for society in the advancement of this case?
6. Is not the behavior coalesced and spearheaded by the parents, an egregious form
of evil that must stopped in this instance and for society as a whole?
7. Can a Pro Se litigant attain a state of justice in the current legal climate?
8. Does this case also meet the standard for punitive damages?
9. Respectfully speaking does the Justice systems perhaps need to a tad consider
more issues of Justice rather than perfections of form?
STATEMENT OF AUTHORITIES
The Intentional Infliction of Emotional Distress:
(1)
The conduct must be extreme and outrageous; (2) it must be
intentional and reckless; (3) it must cause emotional distress;
5
and (4) that distress must be severe. Hoy v. Angelone, 457 Pa
Super. 596, 610. 691 A. 2d 476, 482 (Pa. Super. 1997) citing
Hooten v. Penna. College of Optometry, 601 F. Supp. 1151
1155 (E.DPa. 1984); Section 46 of the Restatement (Second) of
Torts. While Pennsylvania recognizes a cause of action for
intentional infliction of emotional distress, the Courts have only
allowed recovery in very egregious cases. Id. at 611, 482.
(2)
Extreme and outrageous conduct has been defined as “conduct
which is so outrageous in character, as so extreme in degree, as
to go beyond all possible bounds of decency, and to be
regarded as atrocious, and utterly intolerable in a civilized
community. Generally, the case is one in which the recitation of
facts to an average member of the community would arouse his
resentment against the actor, and lead him to exclaim,
‘Outrageous!’”. Johnson v. Caparelli 425 Pa. Super. 404,
4121625 A. 2d 668, 672 (Pa. Super. 1993) citing Restatement
(Second) of Torts, section 46 comment d.
(3)
Kazatsky v King David Memorial Park, Inc. 515, 183, 522, .
2D 988 (1987) The Pennsylvania Supreme Court, the standard
is “not an act or a series of acts; it is an evaluation of behavior.”
(4)
Williams v Guzzardi 875 R.2 46, from 1988: “Appellants
contend that Pennsylvania does not recognize any liability for
the intentional infliction of severe emotional distress. We do
6
not agree, Pennsylvania has been critical of the Restatement
formulation of this tort and has an otherwise restrictive
view…Nevertheless we believe it continues to exist in
Pennsylvania.” Third Circuit Court of Appeals
Further: “They have been more amenable to such claims when they
involved the special relationship between a landlord and a tenant, or a
parent and a child. Bradshaw v. General Motors, 805 F. 2d 110 3d Cir.
1986). Pennsylvania courts have also indicated they will more receptive
where there is a continuing course of conduct. Pierce v. Brennan, 357, Pa.
Super, 225, 236 515 A. 2d 948, 953 (1986) (repeated failures over a period
of years to provide records to former patient with known emotional
difficulties, allocator denied 515, Pa. 608, 529 A. 2d 1082(1987); Dawson
v. Zayer Dep’t Stores of customer and noting that there were no
“continuous malicious actions.”)
Punitive Damages:
Halstead v. Motorcycle Safety Foundation Inc. No. 99-CV-2199, 1999
WL 921136 at *7E.D. Pa. Oct. 8, 1999); Smith v. Renaut, 564 A.2d 188,
193 (Pa Super.Ct. 1989):
“Punitive Damages may be awarded for conduct that is outrageous
because of the defendant’s evil motive or reckless indifference to other’s
rights.”
7
STATEMENT OF THE CASE
There are a plethora of questions to be asked and answered in this situation; many
angles and ways of looking at it; and a terrific multitude of ramifications for this
individual situation, children and a society as a whole in this case. Yet the simplest
manner that must be honored is that the actions of the parents, alone and in conspiracy
with others meet and exceed the threshold set by Senior Judge Thomson in his decision
of August 24, 2009; that of the Restatement (Second) of Torts, section 46, the Intentional
Infliction of Emotional Distress. The standards invoked by Senior Judge Thomson to
meet the threshold for the Intentional Infliction of Emotional Distress are: (1) the conduct
must be extreme and outrageous; (2) it must be intentional or reckless; (3) it must cause
emotional distress; and (4) that distress must be severe. Hoy v. Angelone, 456 Pa. Super.
596 610, 691 A.2d 476, 482 (Pa Super. 1997) citing. Hooten v. Penna. College of
Optometry, 601 F/ 1151. 1155.(E.D.Pa. 1984); section 46 of the Restatement (Second) of
Torts.
Thereby the standard set by Senior Judge Thomson is not arguable, it is the above
named Tort, and the main question with a multitude of derivatives is whether the pattern
of behavior averred by Myers, about his biological parents, the parents, meets and
exceeds the standard of the Tort, basically speaking. Senior Judge Thomson in his
opinion further addresses the Tort by defining extreme and outrageous behavior as
“conduct which is so outrageous in character, as so extreme in degree, as to go beyond all
possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a
8
civilized community. Generally, the case is one, in which the recitation of the facts to an
average member of the community {emphasis added} would arouse his resentment
against the actor, and lead him to exclaim, ‘Outrageous!’” Johnson v. Caparelli, 425 Pa.
Super. 404, 412, 625 A. 668, 672 (Pa Super. 1993) citing Restatement (Second) of Torts,
section 36 commend d.
Thus the critical question in play is what is the pattern of behavior of the parents,
and did Senior Judge Thomson adequately assess that pattern of behavior, and even more
so what are the broader societal implications of that pattern of behavior, if and when it
meets the standards of extreme and outrageous? To begin in the narrowest sense, Myers
avers that the pattern of behavior on the part of the parents began in 1988, and continued
unabated through today, with dramatic escalating points in 1996, 2002, 2007, right
through today. Myers further goes on to say, that if the Restatement (Second) of Torts,
section 46 exists, as Senior Judge Thomson states, that this is the defining case in terms
of the need for and societal establishment of said Tort.
The two key words, in defining the pattern of the parents’ behavior are irrational
and hatred. Several events in 1988, catalyzed a psychological dynamic that was to unfold
in escalating fashion from then to now: 1) Myers experienced a temporary separation in
his marriage with Margaret Carney (“Carney”); 2) During this separation, Myers’s
younger brother (“DMyers”) randomly and under false pretenses came to visit Myers
from the West Coast and began making ludicrous and utterly unfounded allegations about
Myers’s mental health; 3) Morris B. Gelb, Myers’s grandfather passed away, leaving a
considerable estate of upwards of $8 million; which Richard S. Bishop (“Bishop)
Counsel, in this matter filed tax documents, only declaring $2.1 million worth of assets.
9
In a true perversion of thinking and in utterly irrational form, the parents slowly
and surely from 1988 onward began a process of falsely maligning and ostracizing
Myers. At the core was creating and nurturing a vicious and absurd notion that something
was not right with Myers’s mental health, but even in its early stages, it included verbal
abuse from Morey Myers to Myers, and a budding and ultimately disingenuous and
sadistic relationship involving the parents and Carney; far more extreme and beyond what
Senior Judge Thomson interpreted as “support for an ex-wife during divorce
proceedings.” It must be noted, Myers took little if any note of the characterizations of
his mental health, as he was on a very successful career track, having been elected to
serve for three terms on the Cambridge City Council in Cambridge, Massachusetts, and
just generally saw these allegations as ludicrous, and they were dramatically rebutted by a
therapist the very next day.1
In 1996, things took a dramatic turn for the worse and escalation in terms of the
Intentional Infliction of Emotional Distress and other punitive behaviors. Myers must
hereby interject the decision to formulate this psychological dynamic against Myers was
totally irrational, in the form of, Myers never started a conflict with his parents; did not
have an iota of agenda against them; and far to the contrary relied upon them for sense of
decency2 and in the main respected them. 3 In any event, in 1996, the campaign to
From 1980, onward Myers’s career was in public service, running a residential program for emotionally
disturbed youth; developing a nationally recognized youth employment program for youth living in public
housing; running housing programs for low and moderate income residents in a three city area, before
becoming an elected official. Educationally Myers received an undergraduate degree from prestigious
Oberlin College and a Masters, pursued part-time at Harvard University, before going on to other
successes, notable because the parents and Bishop horrifically and heinously attack Myers and his
ambitions.
2
As may become more understood Myers came from an extremely deep-rooted tightly bound Jewish
family of Scranton, PA.
3
One example of this is that in 1991 or so after being elected to the Cambridge City Council; Morey Myers
said to Myers: “This is the greatest achievement in this families’ history.” When Myers attempted to say
1
10
exclude and act in a punitive fashion to Myers took a dramatic turn for the worse and
escalation; when Carney in conjunction with the parents {emphasis added} began to
ensue legal action against Myers in the form of separation proceedings; at this juncture
the two children Sophia Rose Myers (DOB 3/17/90) and Samuel Morris Myers (5/22/93)
were six and three years old.
In fact the manner of separation was as particularly egregious one, where Carney
invited Myers and the children to her native Oklahoma for a month of summer
vacationing, in which Myers brought the children; at the same time Carney rented out the
couples’ home in Cambridge, MA for a month. After arriving in Oklahoma with the
children, Myers was put in limbo for a day or two, and then suddenly told by Carney that
he could not stay in Oklahoma, and Carney in fact, invented a false situation, when
Myers went to console her, and said she was going to get the sheriff. Carney grabbed the
children and left the vacation home, with her sister, after approximately ten phone calls
from the parents and Myers’ family orchestrating the situation.
Myers stated that he had done nothing wrong, and did not for the sake of his
children want to be just pushed out of the house; so he peacefully set up a place by the
door and said he would wait for the sheriff. Myers waited three days and the sheriff never
came. This scene is like the first scene of an Indiana Jones movie; when you are
breathless and yet the movie has just begun. Myers was now without his children, without
ostensibly the vacation home, and had nowhere to go in Cambridge, MA, as his marital
home was purposely rented out by Carney in full cooperation and consult with the
parents. This notion of having all reasonable facets of his life cut off was to be repeated
thank you, but no Dad, your work on behalf of this family was the greatest;” Morey Myers turned and
began berating Myers, that “you don’t know how to take a compliment;” before lapsing back into the other
extreme that something was not right with Myers’s mental health.
11
over and over, from 1996 onward in ever escalating emotional intensity by Carney and
the parents.
All of this must be put in the context that prior to these events, surely beginning in
1988; Myers had enjoyed a reasonable and supportive relationship from the parents. The
parents had been involved in his life; had paid for his college education, were supportive
emotionally and financially after college graduation; and Myers maintained a sense of an
extended family with Myers’ grandmothers in Scranton, for Jewish holidays,
Thanksgiving and the like. That is part of the extreme and outrageous tenor of all of this,
is the complete and utter change in perspective on the part of the parents, from pre-1988
to post-1988. In fact, things did not begin to reach extreme and outrageous levels until
much later.
Thus, like the analogy that a frog that is put into a pot of boiling water will jump
out; but a frog that is put into a pot of water and has the heated gradually turned up, will
not notice the change of temperature and will ultimately die in the water; Myers was in a
very unsuspecting manner as far as the parents. Morey and Sondra Myers present
themselves as very righteous, civically oriented, even noble people; and nobody would
suspect the level of psychological and emotional perversion that exists beneath their
surface. In what he believes to be 1997, when Myers went to his parents’ home, for some
comfort and emotional support for his marital separation; it was then utterly shocking the
extreme and utter change in emotional tenor that Myers encountered. Randomly and out
of the blue, Morey Myers raised his fist towards Myers, to initiate a physical
confrontation for no reason; that Myers demurred; and he when he asked his mother
Sondra Myers for a hug: she replied: “We’ve tried that before.”
12
Through no actions on Myers’ part, but for, in essence the three intervening
events of 1988: 1) the then temporary marital separation; 2) the false and random
allegations of David Nathan Myers; and 3) the will of Morris B. Gelb; Myers’ entire
familial relationship was utterly turned upside down. Myers had initiated no conflict, and
yet now found his previously what he considered to be loving parents, in a primarily
adversarial and abusive relationship towards him. While Myers is using plain words, the
reader should stop and pinch him or herself now, and fathom what Myers is saying:
Parents who grew up in a loving and supportive standpoint towards Myers are now
beginning to for no reason whatsoever to mercilessly abuse and hate him.
The relationship to the estate of Morris B. Gelb from 1988 is telling. Myers avers
that the close to $9 million was distributed among spouse, children, grandchildren, greatgrandchildren of Morris B. Gelb in 1988; yet Mr. Bishop as attorney only legally
accounted for $2.1 million of that estate.4 In essence family dynamics changed
irrevocably from that point, Morey and Sondra Myers, in concert with Sondra Myers’s
sister Beverly Klein and her husband stockbroker Jerry Klein, essentially took control of
the estate of Morris B. Gelb, and handled that estate in a fraudulent manner. Steeped in
their desire to keep secret their illegal handling of the estate of Morris B. Gelb and
sensing that Myers would be the one person, who might morally call them on their illicit
and as of yet undiscovered activities, the group including his own parents committed to
emotionally abusing and ostracizing Myers, as their mode of cover-up.
Myers assesses that his mother Sondra Myers, essentially at this point in 1988,
made a decision to prioritize her father’s money, and the perceived prominence of this
group in Scranton, over her own son’s life. Carney became, in the words of Bishop in
4
Further the will was never read, was falsely presented; and never accounted for.
13
previous court pleadings, an “outstanding” tool for the parents. Carney, who came from a
home of a tragic loss of a mother, alcoholism, manic depression, and suspected suicide on
the part of two of her grandparents, became a virtual puppet for Morey and Sondra
Myers. When Myers removed his funds from an uncalled for Trust from his
Grandfather’s estate in 1994 or so, Morey and Sondra Myers, along with Beverly and
Jerry Klein, the fund manager for said funds, turned an utterly cold and merciless
shoulder towards Myers.
Given Carney’s capacity to turn herself into a complete and utter puppet for
Morey and Sondra Myers and Beverly and Jerry Klein; those named parties enticed and
used Carney as an utterly vicious tool against Myers, beginning outrageously then and as
will be explained right up and through day. In addition to orchestrating the vicious
separation activities, the group with Morey and Sondra Myers as the helm, slowly and
surely began to ostracize Myers, from his own very deep-rooted family of origin in
Scranton.5In terms of weighing the standard set forth by Senior Judge Thomson that of
the Intentional Infliction of Emotional Distress; merely as a starting point, ostracizing
must be considered deeply.
Ostracizing, in this case is the removal of a person from everything fair and
reasonable he had known, beginning with his own family. Motivated deeply by their own
fear of being discovered and accompanying guilt with the will of Morris B. Gelb, Morey
and Sondra Myers and Beverly and Jerry Klein by using Carney; began the process of
removing Myers from his own family of origin. Not only did Myers become disinvited to
his own family events, again for no reason; but tripling the emotional pain, was the fact
Myers’s parents, and grandparents all lived within a six or seven block area in Scranton, when Myers was
growing up and the refrain on the part of the family was: “blood ain’t mud;” in other words family came
above all else.
5
14
that Carney, the woman who was involved in vicious separation and ultimately divorce
and custody proceedings against Myers, was now the person, who was invited to take his
place, along with his two sacred children at his own family’s events.
Once again, it must be propounded in, that the family with Morey and Sondra
Myers, in a leadership realm is operating totally in a false and irrational mindset and
behavior at this point. Myers has done nothing to provoke the conflict; he had honored
his family’s roots, and instead relying on a false and malicious characterization of him,
by his younger brother David Nathan Myers, from 3000 miles away;6 their own guilt with
the handling of the will of Morris B. Gelb, and any other non-existent reasons, Morey and
Sondra Myers are actively pursuing an irrational campaign of sadistic hatred against
Myers, by this point; heinously as will become clear passing these messages, in just
“atrocious” fashion along to Myers’s very own children.
What is clear in retrospect at this point is that Myers is dealing with a mindset if
you will, as the Pennsylvania Supreme Court put forth, in Kazatsky v. King David
Memorial a “behavior” more than just a series of acts, although the series of acts would
spiral to a much more extreme and outrageous proportion from 1997 through now. The
mindset is borne by an irrational blind hatred by Morey Mayer Myers, who decided at
some point, he could own, stalk, control, put it into any psychological terms within reach,
the life of his elder son, Jon Myers. Sondra Myers jumped in too, particularly in actions
and activities pertaining to Myers’s children.
The point is that through their use of Carney, which is well demonstrable through
court documents, letters, and other interactions Morey and Sondra Myers oversaw a
6
David Nathan Myers lived in California since 1984 or so, and had chosen not to speak much to his
brother, other than to ask him to host a wedding party for him, AND serve as best man for his wedding.
15
psychological persecution and virtual torture of their son Myers, all for no reason
whatsoever, but for some extreme and outrageous psychological frenzy; inspired perhaps
by DMyers and his wife Nomi Stolzenberg (“Stolzenberg”) but supremely outrageously
conducted by the parents. Steadily between 1997 or so, and 2002 activities continued to
gradually worsen. From 1996-October, 2000, Carney kept Myers and the children in a
position of separation, rather than reconciliation or divorce. The “family” spearheaded by
Morey and Sondra Myers; Beverly and Jerry Klein gradually wielded its influence to
more and more ostracize Myers; continue their rank and utterly ludicrous false
characterizations of his mental health, and brought more and more
emotional/psychological, social and financial pressure to bear on Myers; with regard to
heinously and evilly attempting to separate him from his children.7 It must be emphasized
that Scranton was an epicenter of familial interactions and Carney was a willing and able
puppet to cater directly to the needs of the crowd in Scranton; even if she was an
unwitting participant in essentially covering-up the lies that Bishop, Morey and Sondra
Myers, and Beverly and Jerry Klein had told with the will of Morris B. Gelb.
Things began to hit an extreme and outrageous proportion in 2002, on a number
of levels; that Myers maintains are a direct product of the irrational web of hatred that
Morey and Sondra Myers had spun over the life of their first son. In February, 2002,
Myers went to Scranton for the funeral of this Grandmother Libbye Myers; during the
course of his brief forty-eight hour stay, he was physically assaulted by his younger
brother David Nathan Myers and had his car window smashed in front of the home of
Morey and Sondra Myers; before leaving immediately. It was less than a month later
7
Myers avers that the forced separation of able parents from the children, perhaps given his Jewish roots
resurrects images of children and families being put onto trains or separate trains in World War II.
16
when things truly kicked in on an egregious level, as Carney with the full support of the
parents initiated a truly malicious and reckless custody process with Myers, in March
2002.
To understand the tenor of this nightmarish custody process that lasted for nearly
two and a half years, before concluding in a full trial, in which Myers’s shared legal and
physical custody was enhanced, Sophie Myers’s college entrance essay is included in the
Reproduced Record (Ra 22):
“I felt threatened by the fear of being ripped away from my dad. The feelings of
fear and anxiety around the clock were practically indescribable.”…”My mom had
finagled the entire neighborhood, friends, family and oddly enough his own parents to
side against my dad.”
Notable is the expression that the “feelings of fear and anxiety around the clock
were practically indescribable.” This was the cauldron of hatred that was created around
the life of Myers, by his very own parents. Equally terrorizing as the custody dispute, was
the fact that at the same time, Myers and his sacred children were experiencing fifteen or
so acts of vandalism and violence on their home and property carried out by friends of
Carney, including such acts as a rock thrown through their front door window, eggs at the
house, scratches to car; fifteen boys attempting to enter the home. All of this was a
function of a nexus orchestrated by Morey and Sondra Myers, with their control of
Carney. It was like living in an emotional and physical war zone.
It is clear that by this point Myers was the focal point of a psychotic sadistic
attitude overseen by Morey and Sondra Myers. The parents had taken their role as parents
to a new level of extreme and outrageous behavior and mindset. Some part of them,
deeply embedded in their psychosis acted like they owned the life of Myers; had a right
17
to treat him as a slave. In fact one of the concepts that Myers is bringing forward for
society is that of parasitic behavior. All of the parties involved, spearheaded by Morey
and Sondra Myers were involved in essentially a parasitic relationship with Myers;
hanging on his life, doing all kinds of cruel things, and heinously working to estrange
Myers from his sacred children.
The real world toll continued to increase for Myers from 2002 onward. From
2002-2004, his main focus was protecting his sacred children during the custody matters;
at the same time his finances were being rapidly depleted due to divorce and the massive
legal struggle; additionally Myers was living in a home with his children that was under
physical siege through fifteen acts of vandalism on home and property. Most
confounding from an emotional standpoint is to have your own parents turn on you
irrationally after having a reasonable and mutually supportive relationship with them for
the first thirty years of your life. It is much more outrageous, extreme and shocking, when
they have developed this laser-like obsession with your life, and they treat it and attack it
in a vile psychologically narrow and merciless fashion.
Most egregious is and was the heinous effort on the part of Morey and Sondra
Myers to brainwash Myers’s sacred children and attempt to estrange them from him.
With regard to extreme and outrageous behavior can you fathom the emotional insanity,
the deep and outrageous bleakness of soul that constitutes a person like Sondra Myers,
whose maniacal efforts over the years are to disrupt and tear down the healthy and
vibrant relationship involving Myers and his sacred children? Witness, the affidavit from
Sophie Myers on page 21r of the Reproduced Record, in which she describes the false
written commentary about Jon Myers mental health from Sondra Myers and DMyers
18
AND the extremely deleterious effect on her, with regard to “contributing to depression
and anxiety.”
In Kazatsky v. King Memorial, the Pennsylvania Supreme Court has outlined
what the threshold for the Intentional Infliction of Emotional Distress is, in essence, it is
“not an act, nor a series of acts, it is an evaluation of behavior.” In Williams v Gizzardi
the Third Circuit Court of Appeals, affirmed Pennsylvania’s recognition of the Tort, and
went further to site, that ongoing patterns of behavior as well as the relationship between
a “parent and a child” are particular standards that warrant the application of the Tort for
the Intentional Infliction of Emotional Distress.
In this case all of those criteria apply. In essence it is a behavior or perhaps even
more heinously a mindset that exists, and has existed in Morey and Sondra Myers with
escalating capacity, that they own and have a right to abuse the life of their first son,
Myers; through the engendering of a most outrageous set of emotional and psychological
circumstances. There has not been a moment of the cessation in the totally irrationally
hateful attitude towards Myers, surely from 1996 through today, if not in more subtle
forms from 1988 through today.
Second, the attitude fully encompasses a “parent-child” relationship, or even more
so a sense of family. It is the particular outrage of this family that makes this particular
case so extreme and outrageous. The tight-knit family Myers came from encompassed
two sets of Jewish grandparents and his parents within a six block area. An aunt and
uncle were included, and that family was brought together on all occasions, Jewish
holidays, Thanksgiving, weddings, anniversaries, etc. In 1988, the process that began was
a complete and utter betrayal of Myers. One of the parameters of the Intentional Infliction
19
of Emotional Distress, is that the behavior was so “severe” AND severe is defined under
the tort “such substantial quantity or enduring quality that no reasonable person could
be expected to endure it, in a civilized community” Myers is the recipient of both
“substantial quantity and enduring quality.”
Myers had no way of knowing that previously supportive parents would begin a
guttural defamation and utter betrayal of Myers in 1988. When family with the wealth,
prominence and position of this family irrationally turns on one of its own, and does so in
unrelenting fashion for more than twenty-two years, the emotional and psychological
impact can be overwhelming. Myers has sought out mental health support on a few
selected occasions, and on each and every one of these occasions in 1996, 2005, and
2009, mental health professionals have concurred, there is nothing wrong with Myers, in
any underlying sense; it is the extreme and outrageous circumstances created by the
parents, that in Myers’s opinion could well have killed a reasonable person, that affect
Myers’s ability to earn a living and on every level of his societal functioning;
notwithstanding the fact that Myers has an exemplary career of public service and is
eager to renew that with his mediation company Calm Interventions, Inc, as well as he
books he as written, emanating from this nightmarish situation, all aimed to help others.
Unbelievably after a two and a half year custody process that saw Myers as a
victor, affirming and enhancing his fully equal physical and legal custody in 2004,
Carney at the parents behest entered court yet again. In February, 2005 Carney sought a
court order to take the children to Myers’s grandmother’s birthday, as an example of how
extreme and outrageous things had gotten. A few months later in 2005, Carney fully
20
initiated financial proceedings about children’s funds in a Massachusetts Court that was
also settled in favor of Myers, with a settlement agreement.
When parents irrationally persecute their own son, AND personally injure and
pass along effects of their behavior to their own son and grandchildren we have
obliterated the structure of a civilized community; the likes of which we all co-exist,
work and live in. Furthering the shredding of the boundaries of a civilized community on
the part of Morey and Sondra Myers, much further is that the role they purport to take in
society. The parents postulate and radically enhanced their image in the Scranton
community, by virtue of the will of Morris b. Gelb, as civic-minded and benevolent
people; where their personal and private actions are the extreme and opposite of what
they publicly purport.8
Like sexual abuse within the Catholic Church, which was a very unknown
phenomenon twenty years ago, the emotional abuse and psychological persecution of
Myers, by the parents, is a largely not yet, understood concept in terms of society as of
today. The Pennsylvania Supreme Court due to its previous considerations of the
Intentional Infliction of Emotional Distress is uniquely qualified to take up and fully
consider the efficacy of this much needed Tort in society.
Having suffered unfathomable emotional and financial abuse snowballing from
1988 onward, and turning into an avalanche by 2007, matters were to take an even more
extreme and outrageous turn from 2007/2008 to today. After helping Carney to block
Samuel from attending the private school of his choice with his sister, which Myers paid
for, the parents continued to work day and night to financially support Carney and break
8
Sondra Myers for instance is a regular contributor to the Scranton Times-Tribune in her letters and op-ed
pieces extolling benevolence, empathy, decrying corruption, when her personal actions are the exact
opposite.
21
down the appropriate and loving bond between Myers and his own children; once again
for no reason. In 2007 Mae Gelb, Myers’s maternal grandmother passed away, and
Sondra Myers and her sister Beverly Klein deliberately withheld information about funds
due Myers from that estate; even when due to their actions Myers was in supreme
economic distress, and nearing an actual point of starvation, if not homelessness.
When funds were due to be distributed to Myers, in early 2008, Myers only then
discovered that funds from his Grandfather Morris B. Gelb’s will were not properly
distributed, from 1988, and in fact Morey and Sondra Myers, Beverly and Jerry Klein and
Bishop had pulled a major ruse on the Scranton community. Bishop then insisted that for
Myers to receive his funds in 2008, he would have to sign-off that the funds from 1988,
were properly distributed, when Myers knew that they were not. Finally under the most
extreme, unconscionable, and outrageous of circumstances Myers signed the release,
solely to survive and get the funds due to him. Most egregiously as well, as the supreme
economic duress he was suffering, Myers signed over $270,000 of funds to Carney that
rightfully were to go to him (This is the subject matter of MDA 1683 2009).
Myers literally reached such grave financial circumstances during this time, when
Bishop on behalf of Sondra Myers was illegally withholding funds from him, that
reasonably speaking he could have become homeless or died. All of this was met with not
a whit of “empathy;” nor the slightest interest from Sondra Myers; in fact she was
working to ensure that the emotional tourniquet was further tightened around Myers’s
neck. Critical to understand at this juncture that the standard invoked by Senior Judge
Thomson, the Intentional Infliction of Emotional Distress, relies upon the exclamation
from an “average member of a community, who upon recitation of said facts will be
22
moved to exclaim: “Outrageous!” The combination of the personal horror inflicted by
Morey and Sondra Myers combined with their nauseating public recitations about
empathy, benevolence and altruism would make the average member of a community
scream, not just exclaim: “Outrageous.” The average community member must decide
this.
What is difficult for a court heretofore to understand is that psychological abuse
and/or emotional abuse can be engendered at such a level of extremity as to cross all lines
and boundaries of a civilized community and move it into an extreme and outrageous
capacity. Senior Judge Thomson was right in identifying the Intentional Infliction of
Emotional Distress as an adjudicating standard. Where he was not right, is in
comprehending the actual severity and degree of emotional abuse engendered by the
parents in this case. In essence a psychological strait jacket or tourniquet was created on
the life of Myers, solely by a vile and deep-rooted psychosis on the part of Morey and
Sondra Myers, in escalating fashion for twenty two years, and extremely and
outrageously for fifteen.
A compendium of the actual events that occurred to Myers beginning in 1988
escalating up and through today, is phenomenally staggering in terms of its amalgamation
of emotional and financial abuse. Said events include, but are not limited to:

Let’s begin with an unrelenting and fanatical clinging to an utterly false and
malicious conception of the mental health and well-being of Myers. In other
words a group of truly sick and evil people creating an image, of another human
being, either through rage, jealousy, psychosis or some combination thereof, that
tears down and unrelentingly attacks the emotional health and well-being of
23
another human being; in a familial setting, where an ex-wife has become a virtual
pawn of the parents.

A merciless campaign through 1000’s of greater and smaller acts over a twenty
year period, to drive a human being out of his rightful place in a family, and for
sheer infliction of emotional distress sake of discussion purposes, replace him
with an ex-wife. While Senior Judge Thomson lampoons the notion of “support
from an ex-wife…” this case is surely not limited to that, but really think about
what the outrageous support of an ex-wife means. In other words, how many
people can point to a situation where parents for starters support an ex-wife in a
divorce situation over their own child? How many cases in America does this
truly exist? Surely none, in which it was conducted for fifteen years.

A plausible psychological rationale for the parents to act in such an extreme and
outrageous fashion is that they knew they lied deeply about the will of Morris B.
Gelb in 1988 and feared greatly that Myers would be the one person, who would
appropriately morally and intuitively interfere with the supreme falseness they
used in that will.

Numerous physical attacks and acts of vandalism on Myers’s home and property
with an attitude that he deserved such things; basically carried out by a friend of
Carney; with not a whit of concern, interest or empathy from the parents.

Outrageously working non-stop with two children to obliterate their able and
loving father’s memory and presence from their lives.

Sponsoring twelve years of unbelievably contentious and reckless litigation by
Carney; leading to massive debt and extraordinary financial distress on the part of
24
Myers. This phenomenon cannot be underestimated, note again the words of
Sophie Myers: “The feelings of fear and pain were indescribable.”

The very process of ostracizing or excommunication is a most extreme and
outrageous act. Myers is an innocent man, and to be cut off emotionally,
physically, financially from his own family, for no reason is an act of
unconscionable and painful proportions. Excommunication is mainly through to
be a tool of the Middle Ages, not modern day society.

Perhaps most severe and alarming are the combination, of the psychosis of Morey
Myers, and the truly vile behavior of Sondra Myers. That facet of having a father
who unrelenting and irrationally hates you, and in essence psychologically stalks
you, hunts you down, and holds your life through a perfect storm of
circumstances in a vice-grip is psychologically catastrophic, and truly “atrocious
and beyond all bounds of decency and utterly intolerable in a civilized
community.”. This is the key about Morey Myers; it is unrelenting for at least the
last fifteen years, since the legal proceedings begun by Carney in 1996, there has
not been a word or whit of rationality from Morey Myers. His life is so empty on
one hand and so filled with utter psychosis on the other, that he has maintained a
virtual laser-like focus on the life of Myers for all of this time, filling his actions
with hatred.

Sondra Myers’s efforts to tear down the walls of the relationship involving Myers
and his children, is an act beyond description, surely similarly “atrocious” and
“beyond all bounds of decency.” This Honorable Court must be clear, when
people are using legal and financial mechanisms to pursue and accomplish their
25
goals; we are not speaking about minor league stuff here. We are literally talking
about people’s ability to attempt to destroy another human being’s life, and in
point of fact pass this depravity and insanity on from one generation to another. In
other words, if animalistic behavior such as Sondra Myers is allowed to exist, we
might as well not have children, or any sense of a “civilized community.” Instead
we will be living in a world of complete and utter depravity, not to mention
savagery, as then nothing is sacred, let alone decent.

The fraudulent presentations of the estates of Morris and Mae Gelb’s and in
particular the deeply contorted and barbaric handling of the estate of Mae Gelb in
2008, not only mis-directed $270,000 from Myers to Carney, but created
circumstances that rationally speaking could have led to his death!

The creation of circumstances of massive financial debt, and living in an
extremely precarious emotional and financial situation for Myers, by the parents,
that includes Myers living in a situation even with no rightful kitchen, cooking
mechanisms; whereby Morey and Sondra Myers live in a huge ten room house, at
ages 83 and 76..
Simply put laws exist to serve society as a whole, to protect individuals and to
ultimately create the reality of a civilized community. The deeply difficult issue in
all of this, is that most of the acts described include emotional abuse or
psychological abuse; thus the resonating to the Tort for the Intentional Infliction
of Emotional Distress. What is hard to understand about this case, perhaps on first
blush, is that a wall, if you will, a tsunami of emotional abuse can be built and/or
26
directed at another human being, in a life-threatening manner. Sexual abuse we
know about, physical abuse is easier to understand; emotional abuse is no less
devastating or distressful. In fact, given the characteristic that the abuser
continually lives in a role of denial, in fact purporting to the outer world that they
are successful and noble, it makes the actuation of emotional abuse, all the more
brutal and incendiary, AND in the end distressful to the recipient.
Yet none of this ultimately can stand in the way, of the fact that emotional
abuse can similarly not be allowed in a civilized community; as the Tort
proscribes. It is the behavior of the parents that is on display. This behavior
resonates well within the definition of Punitive Damages behavior, in Halstead v.
Motorcycle Safety Foundation that has “evil motive or reckless indifference.”
What truly happened is that beginning in 1988 Morey and Sondra Myers became
married to image and prestige; not to the things they purport. Around that time,
they made a decision that emotionally speaking the life of their first son, for
whatever perverse set of reasons in their twisted minds became expendable;
relative to that image and their perverse sense of prestige. The money from Morris
B. Gelb’s estate gave them a false sense of belief that they were gods and could
do what they wanted with Jon Myers life, with his familial situation, and with his
sacred children.
Jon Myers stand in this Honorable Court and in all courts is solely a matter
of protecting his sacred children’s’ lives and his own; as well as advancing the
actuation of this truly significant Tort. Myers did not look for this fight. He was
pushed further and further by extreme and outrageous circumstances, onto this
27
path, with the Honorable Senior Judge Thomson providing some sure direction
with the lifting up of the Tort for the Intentional Infliction of Emotional Distress.
Myers is in fact literally and figuratively fighting not just for his sacred children
and his own life, but for decency itself.
The Court surely will have its reservations about the role of a Pro Se
litigant bringing forth such a case. The recent adoption of rule 233.1 may have a
stifling effect on some cases; yet in the main, generally pro se litigants can offer a
ton to the legal process; primary among those things is a sense of honesty and
speaking to that which is actually happening, amplified by the fact that Myers has
worked on these issues for fifteen years, and was on the receiving end of litigation
for twelve of those years. All references to pro so litigants in the law in general
call for allowances for imperfections in their presentation and ultimately a call to
look at the actual justice of the situation.
It is imperative for this Honorable Court to focus upon that notion of
Justice itself, as the barometer for making decisions in this case and all others. At
stake itself is the conception of whether we live in a civilized community. If
“parents” within the rubric of a family situation can turn against one of their own
unprovoked and without reason, and then over a twenty year period wield a vile
emotional, financial, legal and social axe over their own son, then we have no
rules in society; we in essence have no civilized community. The parents’ sole
dependency is that they will given the extreme and outrageous nature of their own
behavior remain undetected long enough or pay lawyers enough to continue their
grand charade and emotional torture of this world.
28
Bishop’s role is phenomenally intriguing in that respect. Bishop oversaw
the lying and illicit handling of the estate of Morris B. Gelb, in 1988. From that
moment all parties’ lives were in some way or another changed. The overriding
aspect of Morey and Sondra Myers life was to cover-up their illicit handling of
that will and create a false picture to the world of their “benevolence.” Once
morally Sondra Myers, for one decided that her first son Jon Myers’s life was
expendable, then all bets were off; meaning that Bishop’s approach then and
through all court documents is essentially to throw as much dirt and mud on Jon
Myers, to amplify to the moon every imperfection, and desperately to keep
attention off his own actions, and massive lie that was told in 1988, with the will
of Morris B. Gelb.
Thus, every statement on Bishop’s part must be seen in the direct context
of attempting to smear Jon Myers, continue the cover-up of the estate of Morris B.
Gelb, and essentially on some level to destroy Myers; reflecting a perspective
totally devoid of any notion of representing parents who purport to want to do
well, for the world, their children or grandchildren. Myers is an innocent man.
The overriding notion to consider in this situation is the concept of extremity. It is
potentially very alluring to the reader of this document to attempt to lump all of
the points into some amalgam of, well so what?
Yet that would be an error of epic proportions. The Intentional Infliction
of Emotional Distress exists as a baseline protection in society. It is a resource
and a tool that is increasingly, not decreasingly needed in an ever confusing
society of unclear morals and contorted ethical considerations. Morey and Sondra
29
Myers’ behavior, point to an “illness,” a depravity in society, that left uncorrected,
will tear down the walls of decency under which we all seek to live; the converse
is true as well: Affirming the case of Myers will resurrect, restore and fortify the
walls of decency so desperately needed in society today.
Myers is prescient in saying, having lived under the avalanche of
emotional abuse that he and his sacred children suffered that Morey and Sondra
Myers’s behavior is in fact extreme and outrageous. Any action, any behavior can
be seen for what it is; and virtually any act carried to the nth degree can ultimately
become extreme and outrageous, witness Chinese water torture. Myers does not
know everything, but he knows that Morey and Sondra Myers’s behavior has in
fact gotten to “extreme and outrageous proportions;” utterly intolerable in a
civilized community and beyond all bounds of decency.”
Senior Judge Thomson promoted a simple concept in his granting of
Preliminary Objections. Senior Judge Thomson set forth one thing and one thing
only: That this case must be judged by whether the facts alleged by Myers would
meet the standard of the Intentional Infliction of Emotional Distress? Thomson
did not question as to whether Pennsylvania recognizes the Tort; he stated it does.
Thomson’s point was that “recovery was only allowed in very egregious cases.”
The Superior Court weighed in and stated that the facts alleged by Myers
would not fit the criteria for the Intentional Infliction of Emotional Distress; even
if taken as true. Myers respectfully and vigorously disagrees with that
interpretation of the Pennsylvania Superior Court. In fact Myers says the opposite:
30
This is, this case in essence demonstrates the need and applicability for the
Restatement (Second) of Torts, Section 46. Myers underscores the dire need for
this tort for several reasons: 1) the extreme depravity and truly vicious pattern of
behavior conducted by Morey and Sondra Myers against an innocent first son,
from 1988 through today. 2) The tremendous and tragic harm that can be done in
stealth-like fashion to another human being through emotional/psychological
abuse. 3) Life matters; another human being’s life, was nearly ended and
potentially hangs preciously in the balance, due to the pure evil and reckless
conduct of this very own parents.4) Society will be well served by stopping the
outrageous harm being conducted by Morey and Sondra Myers, and their Counsel
Bishop, and put an end to their extreme and outrageous browbeating and
hypocrisy. 5) Society as a whole needs the protection and guidance in terms of the
parameters of this Tort.
Again, it must be emphasized the response by Bishop must be seen in the
context of someone and somebody who is hiding his own illegal acts with the will
of Morris B. Gelb in 1988. Mr. Bishop on behalf or Morey and Sondra Myers will
not address any of the substantive issues raised. Instead he will in essence make
the case by Jon Myers, by essentially covering him in mud and making grandiose
and overly broad statements that unfortunately do not fit the facts of the situation.
The Superior Court emphasized the use of the word “facts” in this
situation. Myers is the party bringing forth the facts of what has actually occurred
and continues to occur in the present situation. In a contemporary democracy we
cannot ostracize, defame, legally batter, separate from family and children, mock
31
and scorn at every point, without destroying every bound of decency that could
possibly exists. The reality is that Morey and Sondra Myers have torn asunder the
meaning of life and a “civilized community.” Yes their weapon of choice is
psychological and emotional abuse, but it makes their actions no less vile than if
they took an actual knife and stuck in the back of Jon Myers; in fact this is worse,
that they attempt to do it undercover and heinously to malign and viciously to
torture their own flesh and blood; while telling the world about their prominence.
The simplest fact of the matter is that Morey and Sondra Myers are living
a life of massive deceit, mixed in with this outrageous sense of entitlement builtinto their extremely narcissistic and brutal world order; cut from the coal of
nineteenth century Scranton perhaps, but unfortunately for them adjudicated in
twenty-first century levels of human understanding and true empathy. Myers is
quite possibly bringing forth a type of case that is virtually unprecedented in
human history; a true Intentional Infliction of Emotional Distress case, based on
habits and patterns of behavior that are heretofore unheard of in society; yet that
cannot be an impediment to the actual adjudication of Justice.
None of the unprecedented nature of the case Myers is bringing can or
should take a way from the actual distress he has suffered. To have your own
parents become essentially wolves in sheep’s clothing irrationally and
unexpectedly, while collaborating with your ex-wife, and freezing your children
in the middle of it, for more than fifteen years is a rancid and vulgar assault on all
of our sensibilities and constructs of a civilized community. Morey and Sondra
Myers are creating terror in other peoples’ lives, totally meeting the Pennsylvania
32
standard for punitive damages: “Punitive damages may be awarded for conduct
that is outrageous because of the defendant’s evil motive or reckless indifference
to other’s rights.” Halstead v. Motorcycle Safety Foundation Inc.
Morey and Sondra Myers exhibit these qualities of both evil motive and
reckless indifference to a tee. The parents are nihilistic in their utter negligence
and indifference to Myers’s plight. That they are driving a sadistic wedge into the
life of their own son, after a myriad of communications begging them to stop9;
reveals their utter nihilism and in fact sadistic behavior. The definition of sadistic
is prescient: “Deriving pleasure at another person’s pain.” That is Morey and
Sondra Myers’s legacy from a fifty two year old son, who sought to offer them
nothing but respect and honor until their own actions got so extreme and
outrageous.
CONCLUSION
Morey and Sondra Myers do not just go beyond all “bounds of decency”
and so in a way that is “utterly intolerable in a civilized community; according to
Johnson; they take a spear and repeatedly drive into the heart of that civilized
community itself. For one, Morey and Sondra Myers are acting so extreme and
outrageously to their own son. Secondly, they are heinously involving children in
it. Third, Morey and Sondra Myers purport to be people of good conscience and
good will and are living a life of hypocrisy to extreme and outrageous levels.
9
Bishop estimates that Myers has sent over 1000 e-mails over a many year period, begging his parents to
stop what they are doing, and come to their senses, up to and including today, with not one recognition of
parental relationship, or responsiveness or surely empathy on the part of Morey and Sondra Myers.
33
Finally, Myers respectfully requests all due consideration and then some
from this Honorable Court, if Myers’s story is even half true, and he respectfully
maintains it is closer to 98% true, than he is doing an unbelievable service to
society in: A) having survived this unfathomable assault; B) protecting his sacred
children to the core, in an emotional sense, and; C) bringing forth this case in a
reasonable and respectful manner.
In that regard Myers respectfully requests and even demands that this case,
be adjudicated on the appropriate merits of this case, and not on the myriad of
imperfections that Myers as a Pro Se litigant has no doubt exhibited. Myers avers
for the sake of himself, his sacred children, and for a civilized community itself
that this saga is true and accurate and warrants a full and accurate trial on the
merits; as that is the only way to adequately asses the correlation between the
standards set forth by Senior Judge Thomson with regard to Johnson. and the
actions and behaviors of the parents, all according to the underlying standard of
Johnson, the recitation of said facts to an average member of the community,
which would lead to an exclamation of: “Outrageous!”.
Most emphatically, three final things need to be understood: 1) Myers has
been harassed and mercilessly pounded into the ground that he had some nonexistent mental illness of which competent mental health professionals can readily
attest. In fact, it is Morey Myers who has a supreme psychosis and actual evil
actuation of that illness. 2) Richard S. Bishop as Counsel has committed massive
deceit in the estate of Morris B. Gelb; those acts and his outrageous assault on
Myers need to bring consideration of his disbarment; and 3) Sondra Myers in her
34
revolting and incessant efforts to break children away from their own responsible
and compassionate father, her own son constitute a type of outrage, vulgarity and
moral low, that rarely if ever is seen in this country. There is an evil, an illness
and a plague upon this earth emanating from Scranton, PA, and this Honorable
Court must do everything in its power to join with Myers to stop it. Myers has no
other agenda other than justice. The plague and tyranny of the parents and Bishop
must be stopped!
REASON RELIED UPON FOR THE ALLOWANCE OF THE
APPEAL
1. The sheer gravity of the matters that Myers is raising, are prospectively life
altering, if not life threatening to him and his two sacred children.
The Pennsylvania Supreme Court takes an active interest and bottom line
involvement in all matters that pertain to the life of an individual, as Myers avers
his life reasonably could have been ended and is still massively threatened by the
actions of Morey and Sondra Myers.
2. Lower courts have indicated a limited understanding and lack of clarification on
issues pertaining to the Restatement (Second) of Torts, Section 46. This particular
situation represents the dire need for full recognition and implementation of said
Tort in the understandings of twenty-first century society.
3. The actions of the parents puncture holes in the float of our living in a civilized
community; these are holes that must be dramatically repaired. If the actions of
Morey and Sondra Myers stand as is; we might as well say that we do not live in a
35
civilized community, that instead we live in a world of barbarism and heinous
savagery, and that our ideals and values are things we speciously and publicly
purport, yet privately desecrate.
4. There are children involved and these lessons will be heard and felt for
generations upon generations.
Respectfully Submitted,
Jon Myers, Pro Se Appellant/Plaintiff
1110 Chestnut Street, Suite 6
Newton, MA 02464
617-899-0383
36
Certificate of Service
I hereby certify that a copy of the Petition for Allowance of Appeal was
served upon Attorney Richard S. Bishop of 434 Lackawanna Avenue, Scranton,
PA 18503 Attorney of Record, for Morey and Sondra Myers via first class mail,
postage pre-paid, on this date.
Jon Myers
February 25, 2011
37
Appendix Item with regard to MDA 1683 2009
Item MDA 1683 2009 is in essence is a subsector of MDA 1685 2009. MDA
1683 2009 entails a pernicious turn of events that occurred in late 2007/early 2008
pertaining to a distribution from the will of Myers’s grandmother Mae S. Gelb. At issue
is $270,000, that was to be distributed to Myers from his Grandmother’s will for the
benefit of his two children, Sophia Rose Myers (DOB 3/17/90) and Samuel Morris Myers
(5/22/93). The will is clear in its language Reproduced Record that the funds are to go to
“the parent or the surviving parent.” By “the parent” Mae S. Gelb is clearly intending
“the parent” who is a member of her family, as all major distributions for hers and her
husband Morris B. Gelb’s estates went to family members.
Bishop makes reference that Myers was removed as Custodian for his children’s
funds in Massachusetts. This order in the most direct sense does not pertain to the funds
in question, as an order dated from Judge Donnelly clearly states. Reproduced Record.
Further Bishop makes massive claims that Myers lost funds on behalf of his children, and
was found guilty of contempt of court by Judge Donnelly. Myers contends Judge
Donnelly who: A) refused to allow Samuel to attend the school of his choosing, and
harmed Samuel and Myers lost $19,000 and B) was not at all right that these funds were
never accounted for. In fact, Carney initiated massive legal action, with the involvement
of Morey and Sondra Myers in 2006, in Massachusetts Superior Court. The matter was
actually settled in June, 2007, with a settlement payment to Myers.
Thus, all of Bishop’s claims are in point of fact irrelevant. The will is clear that
the funds are due to go to Myers. Further beginning in January 2008 Bishop fraudulently
and coercively obtained a release by Myers for his Grandmother Mae S. Gelb’s estate. It
38
was only in January, 2008 that Myers discovered the fraudulent handling of the estate of
Morris B. Gelb, by Bishop, from 1988, and Bishop coercively insisted that Myers sign a
fraudulent release pertaining to Morris Gelb’s estate in 2008, to get his funds due to him
from Mae Gelb’s estate Reproduced Record).
It is patently ludicrous and further flies in the face of a civilized community that
$270,000 from Myers’s own grandmother’s estate in 2008, would somehow end up in the
hands of Carney, Myers’s ex-wife, who as Bishop readily acknowledges has been a party
to the one of the most contentious separation, divorce and custody disputes, all initiated
by Carney in Massachusetts history. The simple fact of the matter is that these funds
rightfully are due to go to Myers, from his own grandmother’s will and that it is solely on
the basis of the most extreme and outrageous circumstances that they could have ended
up with Carney. Senior Judge Thomson opines that Sondra Myers and her sister Beverly
Klein did not cause Myers’s economic distress, but in the context of MDA 1685 2009, it
seems abundantly clear that Sondra Myers and her sister Beverly Klein did indeed cause
Myers’s economic distress and a whole lot more.
These funds must be rightfully returned to Myers immediately.
Respectfully Submitted,
Jon Myers, Pro Se Appellant/Plaintiff
1110 Chestnut Street, Suite 6
Newton, MA 02464
617-899-0383
39