In the Matter of a Mail Dispute Between:

MIKE & YVONNE WHITAKER

and

SHEILA PIPPIN

P.S. Docket No. MD-167

APPEARANCE FOR MIKE & YVONNE WHITAKER:
None.

APPEARANCE FOR SHEILA PIPPIN:
None.

INITIAL DECISION

            The Office of Field Legal Services, Philadelphia, Pennsylvania, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965.  Neither party has filed the written submittals required by 39 C.F.R. § 965.5.  The Findings of Fact and Conclusions below are based on the documents forwarded by the Office of Field Legal Services.

The mail in dispute is that addressed to A+ HomeCare, Incorporated, P.O. Box 507, Wise, VA  24293-0507.

FINDINGS OF FACT

1.      On December 12, 1991, Disputant Mike Whitaker filed an application for a post office box in the name of A+ HomeCare, Inc.  Listed on the application as also authorized to receive mail addressed to the box were Disputants Yvonne Whitaker and Sheila Pippin.  P.O. Box 507, the box in dispute, was assigned.

2.      On October 20, 1992, Jeanette Easterling, who identified herself as Treasurer of A+ HomeCare, Inc., filed a change of address order for mail addressed to P.O. Box 507.  Disputants Mike and Yvonne Whitaker objected to the change of address.

3.  On November 20, 1992, an Order was issued by the Circuit Court of Wise County in an action by A+ Homecare, Inc., and Michael and Yvonne Whitaker, Plaintiffs, against Sheila Pippin, Defendant.  That Order named Larry Sturgill as receiver of A+ HomeCare, Inc., and empowered him to transact all business on behalf of the company.  On December 10, 1992, a second Order was issued by the court, naming Jeanette Easterling as the receiver in place of Larry Sturgill and specifically authorizing her to receive “. . . any and all mail addressed to A+ HomeCare, Inc.”

CONCLUSIONS

Section 153.73 of the DMM provides that when mail is claimed by more than one person and a court decides to whom the mail should be delivered, the mail is to be delivered in accordance with the court order.  In this instance the Circuit Court of Wise County, Virginia, has issued an Order naming Jeanette Easterling as receiver for A+ HomeCare, Inc., and has expressly authorized her to receive mail addressed to that company.

Therefore, mail addressed to A+ HomeCare, Inc., at P.O. Box 507,

Wise, VA  24293-0507 should be delivered as directed by the receiver, Jeanette Easterling.  The attached mail delivery instruction to the Postmaster should be issued.

David I. Brochstein
Administrative Judge