In the Matter of a Mail Dispute Between:

JULIE SHIERY
and
RICHARD R. SOLEM

P.S. Docket No. MD-43

Lemert, James E., Administrative Judge

APPEARANCE FOR JULIE SHIERY:
John R. Bonner, Esq.,
Casale & Bonner, P.C., 329 Market Street,
Williamsport, PA 17701-6372

APPEARANCE FOR RICHARD R. SOLEM:
Richard R. Solem, pro se,
7910 Woodmont Avenue, Suite 1302,
Bethesda, MD 29814-30l5

INITIAL DECISION

This mail dispute was docketed under Domestic Mail Manual (DMM) § 153.72, which requires regional counsel to forward unresolved mail disputes to this Department for decision. At issue in this dispute is the right to delivery of certain mail addressed to R.D. 1, Box 12, New Alexandria, PA 15670. Both disputants have filed submittals as provided in 39 C.F.R. § 965.5. Those submittals and the information provided by regional counsel and the Postmaster, New Alexandria, PA, are the bases for the following findings of fact.

FINDINGS OF FACT

1. Disputant Julie Shiery is the former owner of a business engaged in automotive engine rebuilding and repair and sale of automotive parts and services. Known as Bill's Performance Shop (or Bill's Performance), the business is located on land in New Alexandria (Westmoreland County), PA, with an address of R.D. 1, Box 12, New Alexandria, PA 15670.

2. In August 1988, disputant Shiery sold the business and associated property in New Alexandria, PA to Bill's Performance Shop, Inc., a corporation incorporated by disputant Richard R. Solem, who is the chairman and chief executive officer of the corporation.

3. Disputant Shiery had formerly resided at the same address as the business, but moved to New Florence, PA, on August 23, 1988. Nevertheless, following the sale, disputant Solem employed Shiery who continued to conduct the business in New Alexandria, PA, as president of the new corporation (Bill's Performance Shop, Inc.). On or about October 26, 1988, Solem terminated the employment of Shiery and removed her as president.

4. In addition to Bill's Performance Shop, persons receiving mail at the address in issue (R.D. 1, Box 12, New Alexandria, PA 15670), included disputant Shiery and William D. Fleming (who formerly had an interest in the business).

5. On October 27, 1988, disputant Shiery filed with the New Alexandria Postmaster two change-of-address orders, P.S. Forms 3575, requesting that mail addressed to her, or mail addressed jointly to her and Bill's Performance, at R.D. 1, Box 12, New Alexandria, PA 15670, be forwarded to P.O. Box 277, New Florence, PA 15944. A similar form, filed on the same date by William Fleming, requested that his mail be forwarded to the New Florence P. O. box. Three P.S. Forms 4232-A, "Customer's Name and Address," (each indicating a forwarding address of P.O. Box 277, New Florence, PA 15944) were also filed with the New Alexandria Postmaster on October 27, 1988.

6. Disputant Solem, alleging that disputant Shiery had improperly converted property of the business, protested against forwarding mail addressed to the business address in New Alexandria, to Shiery at the P.O. box in New Florence, PA.

7. Disputant Shiery does not object to mail addressed solely to Bill's Performance Shop or Bill's Performance Shop, Inc. being delivered to the new business.

8. The only issue referred to this Department for decision is which disputant has the right to delivery of mail addressed jointly to Bill's Performance Shop and Julie Shiery.

CONCLUSIONS OF LAW AND DISCUSSION

1. The purpose of resolving mail disputes is to determine which party under applicable postal laws and regulations has the right to the delivery of mail as addressed. Such determinations are not dispositive on the question of the ownership of the mail or entitlement to it.

2. Under postal regulations mail addressed to a corporation is delivered to an authorized agent of the corporation, or in accordance with the order of the president of the corporation where disagreements occur between officers and others (DMM $S152.51). It is undisputed that disputant Shiery has been removed as an employee and president of the corporation known as Bill's Performance Shop, Inc. By virtue of the sale and transfer of the business to disputant Solem, Shiery no longer has any right to delivery of mail addressed to Bill's Performance Shop or Bill's Performance Shop, Inc., even if her name is also shown on the mail in question.

3. Disputant Solem, as the chief executive officer of the business, may properly receive, or direct the delivery of, all mail addressed to Bill's Performance Shop, Inc. or Bill's Performance Shop, including mail addressed jointly to the business and disputant Shiery. It is the responsibility of Solem to institute appropriate measures to forward or otherwise transfer to Shiery any of her personal mail so addressed.