In the Matter of the Petition by:

GEORGE and ROSE GOEDICKE,
P.O. Box 168,
Natrona Heights, PA 15065-0168;

Determination to Close P.O. Box 168

P.S. Docket No. 32/15

Grant, Quentin E., Chief Administrative Law Judge

APPEARANCE FOR PETITIONER:
Rose Goedicke, pro se,
P.O. Box 168,
Natrona Heights, PA 15065-0168

APPEARANCE FOR RESPONDENT:
Stacy M. Ludwig, Esq.,
Consumer Protection Division,
United States Postal Service,
Law Department,
Washington, DC 20260-1114

NOTICE OF RIGHT TO APPEAL

Appeal may be taken from the attached Initial Decision of the Chief Administrative Law Judge to the Judicial Officer of the Postal Service by filling exceptions contained in a brief on appeal. Such brief must be filled within five (5) days from the date of the receipt of the Initial Decision with the Recorder, Room 10833, United States Postal Service, Washington , DC 20260-6100, pursuant to the Rules of Practice, 39 C.F.R. § 958.10.

If no appeal is taken within the prescribed time, the Initial Decision shall become final.

Quintin E. Grant
Chief Administrative Law Judge

INITIAL DECISION

This mail dispute was docketed under Domestic Mail Manual § 153.72, which requires Regional counsel to forward unresolved mail disputes to this Department for decision. Two addresses, P.O. Box 4223, Philadelphia, PA 19144, and 1611 E. Wadsworth Avenue, Philadelphia, PA 19150, are involved in the dispute. The dispute between Donald W. Clarke, Jr. and Renee Montague has been settled and was dismissed on the basis of that settlement by Order dated October 14, 1988. The remaining parties to the dispute, including Disputant Clarke, were instructed to file submittals, as provided by 39 C.F.R. § 965.5, within 15 days from receipt of the Order. Only Disputant Clarke has filed a submittal. Disputant Greene has filed nothing although he received both the initial notice and the Order of October 14, 1988, directing the parties to file submittals. Moreover, Disputant Clarke, in a letter dated November 17, 1988, filed in this proceeding, states that Disputant Greene told Clarke in late October 1988 that Greene was not interested in pursuing the matter of claiming the mail. Disputant Kennedy could not be served with the certified mail containing the Order and notice to file submittals. Delivery attempts were made at both the address listed in the initial papers filed with the Department and at a forwarding address. The latest mailing was returned to this Department as unclaimed. It is a disputant's obligation to keep this Department apprised of his current address where mail may be received, and to receive certified mail if delivered to his proper address. From the foregoing it is concluded that Disputants Greene and Kennedy are in default under 39 C.F.R. § 965.7. The mail subject to the dispute between Donald W. Clarke, Jr. and Steven Greene, and the dispute between Donald W. Clarke, Jr. and Charles P. Kennedy, shall be delivered to Donald W. Clarke, Jr. The attached mail delivery instruction to the Postmaster should be issued.

Respondent has moved for dismissal of the petition herein on the ground that the petition admits the basis on which the postmaster issued his determination to close P.O. Box 168 and, therefore, that there are no genuine issues of fact requiring an evidentiary hearing. By Order dated October 25, 1988, sent by certified mail to the petitioners at the post office box in question, they were given to November 9, 1988, to file a response to the motion to dismiss. Petitioners were given two notices to claim the certified envelope transmitting the order but did not do so. For reasons disclosed in the findings of fact below, it is doubtful that other efforts to serve the order would be successful. In any event, it is apparent from the petition that there are no material issues of fact requiring a hearing and, therefore, that it is appropriate to issue an initial decision pursuant to § 958.3(d) of the Rules of Practice.

FINDINGS OF FACT

1. Petitioner George and Rose Goedicke are the holders of P.O. Box 168, Natrona Heights, PA 15065-0168 which they rented on July 5, 1985.

2. On three occasions since they rented the box, petitioners furnished false address information as stated by Postmaster Louis Hoetzlein in his letter dated September 20, 1988, terminating service to petitioners at that box pursuant to Domestic Mail Manual, § 951.82 on the ground that petitioners falsified the application for the box.

3. In Rose Goedicke's letter to the postmaster, dated September 30, 1988, filed as the petition herein, she admits that such addresses were false.

4. The current address furnished by Rose Goedicke in the petition herein, RD #1, Bakerstown, PA, is also false (Postmaster's statement to Stacy Ludwig, dated October 14, 1988).

CONCLUSION AND DECISION

Petitioners have violated Domestic Mail Manual § 951.153 by repeatedly providing false address information in updating their application for P.O. Box 168. Accordingly, the postmaster has properly terminated service to petitioners at that box pursuant to DMM § 951.82 and 951.83. The petition is denied.