In the Matter of a Mail Dispute Between

MELISSA J. HINSON

and

REBECCA L. HOLDER

P.S. Docket No. MD 02-339

APPEARANCE FOR DISPUTANT MELISSA J. HINSON:
Melissa J. Hinson
4526 Crazy Horse Avenue
Middleburg, FL 32068-4785

APPEARANCE FOR DISPUTANT REBECCA L. HOLDER:
Rebecca L. Holder
2036 Emerson Street
Jacksonville, FL 32207-5542

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through December 27, 2001)) 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 M & R Battery, 2036 Emerson Street, Jacksonville, FL 32207-5542.  The Jacksonville Postmaster is currently holding the mail.

            Both parties submitted sworn statements, with several documents attached, in support of their claims to the disputed mail, as required by 39 C.F.R. §965.5.  Rebecca Holder also filed an affidavit from Resal Holder, stating that he adopts and confirms everything said in Rebecca's affidavit.  The following findings of fact are based on the material submitted by the parties and the material forwarded by the United States Postal Service Law Department, Atlanta Office.

FINDINGS OF FACT

            1.  M & R Battery, Inc., was incorporated in Florida on June 28, 1999.  The business address was listed as 2036 Emerson Street, Jacksonville, FL 32207-5542.  Melissa Hinson was the subscriber and the only named Director.  (Articles of Incorporation attached to Hinson affidavit).

            2.  M & R Battery, Inc., has been operated by Melissa Hinson, Resal Holder, who is Melissa's father, and Rebecca Holder, Resal's wife.  In May 2002, the company was in financial difficulty.  Bills were owed to several creditors and several checks written on the company's accounts had bounced.  (Holder affidavit, Ex. 1).

            3.  By late May 2002, Melissa stated that she wanted to leave the company.  On approximately May 28, 2002, Melissa and Rebecca entered into a verbal agreement that Rebecca would take control of the bank accounts in order to redeem the bad checks and get the company's billing in order.  Rebecca's name was added as a signor on a company bank account for that purpose.  (Holder affidavit).

            4.  Melissa signed a quitclaim deed on May 28, 2002, granting to Rebecca all right, title and interest in the land, improvements and appurtenances at 2036 Emerson Street.  (Holder affidavit, Ex. 8).

            5.  On June 1, 2002, Rebecca began sending payments to creditors and bills to customers that owed money to the company.  With each mailing she enclosed a note stating that Melissa Hinson was no longer affiliated with M & R Battery, but that checks and invoices should still be mailed to M & R Battery, 2036 Emerson Street, Jacksonville, FL 32207-5542.  (Holder affidavit, Exs. 4-7, 9-10).

            6.  On June 14, 2002, Melissa Hinson submitted a PS Form 3575, Official Mail Forwarding Change of Address Form, to the Jacksonville Post Office, directing that mail addressed to M & R Battery at 2036 Emerson Street, be forwarded to 4526 Crazy Horse Avenue, Middleburg, Florida 32068-4785.  Rebecca Holder protested and this mail dispute arose.  (Law Department submission).

DECISION

            Melissa Hinson contends that she is the sole owner and president of M & R Battery, Inc., and that only she has authority to direct the corporation's mail.  She states that no one else has ever been an officer of the corporation.  She also states that she, not Rebecca, is liable for any debts incurred by the company and is therefore entitled to the company's mail.  Finally, she argues that the quitclaim deed only relinquished her interest in the land and building, not the corporation.

            Rebecca Holder contends that, in accordance with the agreement between the parties on May 28, 2002, she is the person who is managing the finances of M & R Battery and is the proper recipient of the company's mail in order to carry out that responsibility.

            I find Rebecca's claim more persuasive.  Her affidavit, ratified by Resal Holder, along with the attachments, demonstrates that she has been actively engaged in paying the company's bills, sending and receiving invoices, and receiving payments made to the company.  The bulk of Melissa's affidavit covers her dealings with postal employees in filing her change of address form and, although she claims to have retained her legal interest in the corporation, she does not dispute the terms of the May 28 agreement that are pertinent to this case.  Under that agreement, Melissa gave up her control of the company, including the right to receive the company's mail.

            This decision deals only with delivery of the mail.  It does not attempt to decide underlying financial disputes or any other dispute between the parties.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.  If Ms. Holder receives mail that is intended for Ms. Hinson personally it is her responsibility to forward that mail.

            The Judicial Officer should issue an Order to the Jacksonville Postmaster directing that the disputed mail, i.e., mail addressed to M & R Battery, 2036 Emerson Street, Jacksonville, FL 32207-5542 be delivered as addressed.

                                                                        Bruce R. Houston
                                                                        Chief Administrative Law Judge