In the Matter of a Mail Dispute Between:

HAL G. NEELY
and
WAYNETTE HELM

P.S. Docket No. MD-108

04/4/91

Mason, Randolph D., Administrative Law Judge

APPEARANCE FOR MS. HELM: Waynette Helm, 1835 Old Lebanon Dirt Rd,
Mt. Juliet, TN 37122-7416

APPEARANCE FOR MR. NEELY: None

INITIAL DECISION

This mail dispute proceeding was docketed under Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Disputant Waynette Helm filed a written submittal under 39 C.F.R. $S965.5. Disputant Neely was sent a Notice of Docketing and Submittal Due Date on January 9, 1991, at 154 Blue Grass Drive, Hendersonville, TN, which was returned "unclaimed." Thereafter, the Notice was remailed by regular mail on February 14, 1991.

When Mr. Neely still failed to file a submittal, the Administrative Law Judge contacted him by telephone at his Florida address. Mr. Neely stated that he had received some, but not all, of the papers, and would like to file a submittal. On February 28, 1991, a copy of the Notice of Docketing and Submittal Due Date, together with the documents that he had not previously received, was mailed by this office to Mr. Neely at 6355 Metrowest Blvd, Suite 180, Orlando, FL 32811-6206,, and it was received by him on March 5, 1991. Accordingly, his submittal was due on March 20, 1991.

Disputant Neely failed to file either a submittal or a comment on Ms. Helm's submittal, and he is in default. The dispute concerns delivery of mail addressed to P. O. Box 1, Nashville, TN. The following findings of fact and conclusions of law are based upon Disputant Helm's submittal and exhibits attached thereto:

FINDINGS OF FACT

1. In July of 1985 Disputant Waynette Helm and Neil Baker rented P. O. Box 1, Nashville, TN 37202. They named World Trade Network, Inc., as the applicant. In about two months Mr. Baker terminated his association with Helm, and the latter continued to control the box. Thereafter, she allowed the Welcome Channel, Inc., a business in which she was president and a stockholder, to use the box. On December 18, 1985, she changed the box application to reflect The Welcome Channel as the applicant.

2. On May 26, 1988, Helm's two co-stockholders in Welcome Channel, Inc., sold their interests to Albert C. Gannaway, Jr., and the name of the business was changed to Welcome Travelers, Inc. Helms retained about 20% of the stock. Welcome Travelers, Inc. purchased the assets of The Welcome Channel, Inc., including "all rights [Welcome Channel, Inc.] may have . . . to Post Office Box 1."

3. Welcome Travelers, Inc. was dissolved in June 1990.

4. On June 10, 1990 Neil Baker assigned his interest in P. O. Box 1 to Helm. Disputant Helm now holds the sole interest in the box.

5. In August of 1990, Helm incorporated Welcome Travelers, Inc., as a nonprofit corporation. She is the sole owner. The new corporation operates under the assumed names of "The Welcome Channel" and "United Shoppers of America."

CONCLUSIONS OF LAW

A party who fails to file the submittal required by 39 CFR $S965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party. 39 CFR § 965.7. Since Disputant Neely has failed to file a submittal, he is in default. Accordingly, all mail addressed to P. O. Box 1 should be delivered as addressed or in accordance with the direction of Disputant Helm.

At all times material hereto, Disputant Helm has controlled P.O. Box 1, Nashville, TN. Since July 1985, she has allowed certain businesses, including the Welcome Channel, Inc., and Welcome Travelers, Inc., to receive mail at the box.

This decision only determines control of P. O. Box 1, Nashville, TN, and the delivery of mail addressed to that box. No decision is made with respect to the ownership of any mail addressed to that box. Accordingly, in the event that Disputant Helm receives any mail pursuant to this decision which does not belong to her, she shall be responsible for forwarding such mail to its true owner.

The attached mail delivery order should be issued.