In the Matter of a Mail Dispute Between

PETER ADLOWITZ

           and

KAREN SINGER

P.S. Docket No. MD 00-88

APPEARANCE FOR DISPUTANT        Peter Adlowitz
PETER ADLOWITZ:                             72 West Washington Lane
                                                           Philadelphia, PA 19144-2602

APPEARANCE FOR DISPUTANT        Karen Singer
KAREN SINGER:                                 215 Pelham Road
                                                           Philadelphia, PA 19119-2624

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, January 16, 1998) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Architectural Ceramics, Inc., 72 West Washington Lane, Philadelphia, PA 19144-2602. The mail is currently being held by the Philadelphia Postmaster.

Neither disputant has filed a sworn statement, in support of his/her position, as required by 39 C.F.R. §965.5, but Mr. Adlowitz submitted a letter dated March 27, 2000. The following findings of fact are based on Mr. Adlowitz's letter and the material forwarded by the United States Postal Service, Philadelphia Law Office.

1. The two disputants are husband and wife, but are litigating a divorce in the Court of Common Pleas of Philadelphia, Pennsylvania. A hearing in that court is scheduled for June 1, 2000. They also operate a business together, called Architectural Ceramics, or did in the past. It is not clear who did precisely what in this business.

2. On or about February 3, 2000, Ms. Singer submitted a change-of-address notice to the post office, changing the business address to 90 E. Church Lane, Philadelphia.

3. On February 3, 2000, Judge Robinson, Court of Common Pleas, issued a Temporary Order that included the following:

"Respondent [Singer] is enjoined from alienating, selling, transferring, disposing of, dissipating and/or encumbering any tangible marital asset(s) and or Petitioner's [Adlowitz] separate asset(s) and, specifically, Respondent is barred from removing any and all items and/or assets from the Marital Residence and the business, Architectural Ceramics, located at 72 W. Washington Lane, Philadelphia, Pennsylvania, and Respondent is directed to return, forthwith and within 24 hours of the date of issuance of this Order, any and all items which have already been removed;"

4. On February 18, 2000, Judge Robinson issued an Order stating that the earlier Order "shall continue to be in effect." The February 18 Order also said: "Wife shall be solely responsible for the payment of any and all business related expenses and debts."

Other than the two Court Orders that someone gave to the post office, the parties have submitted nothing that is helpful in resolving this dispute. Based on Judge Robinson's order that Ms. Singer is responsible for paying all of the business's expenses and debts, it makes sense that the business mail be delivered to her. A primary goal in resolving mail disputes is that mail be delivered in accordance with the intent of the senders. It is likely that those sending mail to the business would intend that it be delivered to the person responsible for conducting business affairs. Paying the bills is a large part of that responsibility.

This decision deals only with delivery of the mail. It makes no attempt to resolve any other disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that mail will be delivered in accordance with such an order. POM §616.3.

The attached delivery order should be issued.

Bruce R. Houston
Chief Administrative Law Judge

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER

TO THE POSTMASTER AT: PHILADELPHIA, PA 19104-9998                                     RE: Mail Dispute Between

                                            PETER ADLOWITZ
                                                       and
                                            KAREN SINGER

                                            P.S. Docket No. MD 00-88

All mail currently being held, or hereafter received, addressed to:

Architectural Ceramics, Inc.
72 West Washington Lane
Philadelphia, PA 19144-2602

shall be delivered as directed by Karen Singer.

Judicial Officer