In the Matter of a Mail Dispute Between

ANTHONY J. ROTELL

and

PAUL ROTTEL, EXECUTOR

ESTATE OF ANTHONY F. ROTELL

P. S. Docket No. MD-168

APPEARANCE FOR ANTHONY J. ROTELL:
Anthony J. Rotell
1885 East State Street
Hermitage, PA  16148-1866

APPEARANCE FOR PAUL ROTELL:
Cyril T. Garvey, Esq.
Post Office Box 949
Sharon, PA  16148-0949

INITIAL DECISION

            This mail dispute matter has been docketed pursuant to Domestic Mail Manual §153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision.  The mail in dispute, whjich is addressed to Anthony Rotell or Tony Rotell, 1881, 1883, 1885 1887, 1889 or 1891, East State Street, Hermitage, PA  16148-1866, is presently being held by the Postmaster, Sharon, PA  16146-9998.  Disputant Paul Rotell has filed a written submittal, as required by 39 C.F.R. §965.5, which Disputant Anthony J. Rotell has not.  Nor has Anthony J. Rotell filed any comments addressing Paul Rotell’s submittal, as permitted by 39 C.F.R. §965.6.

FINDINGS OF FACT

            1.  Disputant Paul Rotell is the executor of the estate of Anthony F. Rotell.  He is a son of the deceased.  Disputant Anthony J. Rotell is also a son of the deceased.

            2.  Prior to his death Anthony F. Rotell received his mail at 1881, 1883, 1885, 1887, 1889 and 1891 East State Street, Hermitage, PA  16148.  Disputant Anthony J. Rotell also received mail at those addresses.

            3.  Subsequent to the death of Anthony F. Rotell, Paul Rotell on or about October 15, 1992, provided the branch manager of the Hermitage Post Office with proof of his appointment as executor of the estate of Anthony F. Rotell.  He requested that all mail addressed to “Anthony F. Rotell” at the East State Street addresses be forwarded to the estate attorneys – Evans, Garvey and Lackey, P. O. Box 949, Sharon, PA  16146.  Since that time mail addressed to “Anthony F. Rotell” has been forwarded to the attorneys for the estate.  Mail so addressed is not in dispute in this matter.

            4.  However the parties to this dispute disagreed over the right to receive mail addressed to “Anthony Rotell” (no middle initial) or “Tony Rotell” at the East State Street addresses.  On October 21, 1992, attorneys for both  disputants signed an agreement which provided that all mail addressed to “Anthony Rotell” (no middle initial) or “Tony Rotell” would be forwarded to Evans, Garvey and Lackey, attorneys for the estate of Anthony F. Rotell, P. O. Box 949, Sharon, PA  16146.  The parties also informally agreed that upon receipt the attorneys would open each piece of the mail in issue in front of Anthony J. Rotell and a representative of Paul Rotell, read the mail and determine which party had the right to receipt of the mail.

            5.  On November 16, 1992, Anthony J. Rotell wrote the Postmaster, Hermitage, PA and asked that the mail in issue addressed to “Anthony Rotell” (no middle initial) or “Tony Rotell” no longer be delivered to attorneys Evans, Garvey and Lackey, and instead be held at the Hermitage Post Office.

            6.  Disputant Paul Rotell requests that the mail in issue continue to be delivered to attorneys Evans, Garvey and Lackey.

CONCLUSIONS OF LAW

            1.  Disputant Anthony J. Rotell failed to make the submittal required by 39 C.F.R. §965.5 and thus is in default in this proceeding pursuant to 39 C.F.R. §965.7.

            2.  Accordingly, it is determined that disputant Paul Rotell has the right to delivery of all mail presently being held or received in the future addressed to “Anthony Rotell” (no middle initial) or “Tony Rotell,” 1881, 1883, 1885, 1887, 1889 and 1891 East State Street, Hermitage, PA  16148.

            3.  The mail in dispute addressed to “Anthony Rotell” (no middle initial) or “Tony Rotell” 1881, 1883, 1885, 1887, 1889 and 1891 East State Street, Hermitage, PA  16148 is to be delivered to the attorneys for Paul Rotell – Evans, Garvey and Lackey, P. O. Box 949, Sharon, PA  16146 until such time as Paul Rotell directs otherwise.

            4.  Resolution of this dispute determines only the right to delivery of the mail.  It does not determine the question of ownership.  If either party to this dispute receives any mail intended for the other that party is responsible for assuring delivery of the mail to the correct recipient.

            5.  The attached mail delivery order should be issued.

James D. Finn, Jr.
Administrative Judge