In the Matter of the Petition by

IRVING PARKOFF
23271 Costa Del Sol Blvd.
Boca Raton, FL 33433-7032

Appeal of Termination, P.O. Box 540265, Lake Worth, FL 33454-0265

P.S. Docket No. POB 02-402

APPEARANCE FOR PETITIONER:
Michael Parkoff
3700 South Ocean Blvd., #1706
Highland Beach, FL 33487-3378

APPEARANCE FOR RESPONDENT:
Bobby G. Kirby, Esq.
Atlanta Law Office, Suite 840
United States Postal Service
3980 DeKalb Technology Parkway
Atlanta, GA 30340-2778

 INITIAL DECISION

            This proceeding arises from a Petition filed by Irving Parkoff, Michael Parkoff, and Andrea Parkoff after receiving the postmaster's written determination, dated July 12, 2002, that service to Post Office Box 540265 in Lake Worth, FL would be terminated.  In telephone conferences with Michael Parkoff and Postal Service attorney Bobby G. Kirby on September 6 and September 12, 2002, the second of which also included Kenneth Wulwick, it was determined that a mail dispute between the Parkoffs and Mr. Wulwick still existed and that a mail dispute case would be docketed separately from this case.  The parties to the instant case, i.e., the Parkoffs and the Postal Service, were directed to file any additional evidence they wished to have considered, but were told that a decision in this case might have to await resolution of the mail dispute.  Michael Parkoff filed some additional material applicable to both cases.  The Postal Service filed nothing further.  An Initial Decision in the mail dispute (P.S. Docket No. MD 02-441) was issued on November 7, 2002.

FINDINGS OF FACT

            1.  On June 16, 1998, Andrea Parkoff completed a PS Form 1093, Application for Post Office Box Service, and was assigned P.O. Box 540265 in Lake Worth, FL.  The box was rented in the names "Parkoff/Automax/Exim."  (Attachment to August 22, 2002 letter from Postal Service attorney Bobby G. Kirby).

            2.  Prior to August 20, 1998, Andrea Parkoff owned 100% of the shares of Automax USA and Automax USA Finance, Inc.[1]  On or about August 20, 1998, Andrea Parkoff entered into a stock exchange agreement with Kenwick Industries, Inc.  Kenwick acquired all the stock of Automax USA and Automax USA Finance, and Kenneth Wulwick became the president of those companies.  (April 26, 2001 Settlement Agreement, attached to Parkoff August 27, 2002 submission as Ex. 5).

            3.  Disputes arose over the obligations and performance of the parties to the stock exchange agreement, resulting in a lawsuit and countersuit in the Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County, FL.  The suit was titled Automax Group, Inc. v. Andrea Parkoff and Michael Parkoff.  The countersuit was titled Andrea Parkoff v. Kenneth Wulwick and several corporate entities.  (April 26, 2001 Settlement Agreement).

            4.  These lawsuits were concluded by a Settlement Agreement and Stipulation for Order, dated April 26, 2001.  The Agreement is signed by Andrea and Michael Parkoff and by Kenneth Wulwick in several capacities, including as president of Automax USA, Inc., and Automax USA Finance, Inc.  (April 26, 2001 Settlement Agreement).

            5.  During the business disputes between the Parkoffs and Mr. Wulwick, a mail dispute also arose over entitlement to mail addressed to various Automax entities at various addresses.  This dispute was resolved, in part, by a decision from Postal Service attorney Glenn L. Smith, on July 24, 2001.  Mr. Smith determined, based primarily on the April 26, 2001 Settlement Agreement, that Kenneth Wulwick was president of the various Automax entities and as such was entitled to direct the delivery of mail addressed to several addresses.  As for mail addressed to Automax entities at P.O. Box 540265 in Lake Worth, FL however, Mr. Smith was unable to determine who was entitled to that mail.  His letter stated that the post office would continue to hold this mail until the dispute was resolved by a court order or by agreement of the parties.  At some point while the dispute was pending, the post office closed P.O. Box 540265.  (Glenn L. Smith letter, July 24, 2001).

            6.  The dispute over P.O. Box 540265 was not resolved by the parties, and the box remained closed until June 26, 2002.  On that date, Irving Parkoff re-rented P.O. Box 540265.  According to attorney Kirby's Answer to the Petition, this was an inadvertent error by a post office employee.  On July 12, 2002, Supervisor Richard Hartwell, acting for the Lake Worth Postmaster, informed Irving Parkoff, in writing, that the box service would be terminated because re-renting it violated attorney Glen Smith's July 24, 2001 order.  (Hartwell letter attached to Petition; August 22, 2002 letter from Postal Service attorney Bobby G. Kirby).

            7.  The Initial Decision in P.S. Docket No. MD 02-441 was in favor of the Parkoffs, based on the fact that Mr. Wulwick sold Automax USA, Inc., and Automax USA Finance, Inc., to Tony Cimmino in August 2002, and Mr. Cimmino authorized Andrea Parkoff to receive Automax mail addressed to P.O. Box 540265.

DECISION

            The only reason for issuing the Postmaster's determination to terminate service to P.O. Box 540265 on July 12, 2002, was that the mail dispute between the Parkoffs and Mr. Wulwick was still pending and Mr. Smith had ordered on July 24, 2001, that the box was to remain closed until that dispute was resolved.  That dispute having been resolved in favor of the Parkoffs on November 7, 2002, by the Initial Decision in P.S. Docket No. MD 02-441, no reason remains to deny Irving Parkoff the use of P.O. Box 540265.  The Petition is granted and the Postmaster's determination to terminate service is reversed.

                                                                        Bruce R. Houston
                                                                        Chief Administrative Law Judge

     [1]  The names Automax Finance and Automax USA Finance are both used in the case file.  There does not appear to be a difference between the two.