In the Matter of a Mail Dispute Between

DANIEL SCIULLI

and

LEN SCIULLI

P.S. Docket No. MD 06-64

APPEARANCE FOR DISPUTANT DANIEL SCIULLI:
Ernest D. Palmarella, Esq.
Palmarella, Curry & Kelly, P.C.

APPEARANCE FOR DISPUTANT LEN SCIULLI:
Albert Weiss, Esq.
Binder & Weiss

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) 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 Sciulli Brothers Inc. at 520-B Abbott Drive, Broomall, PA 19008-4307, and at P.O. Box 194, Broomall, PA 19008-0194. The Broomall Postmaster is currently holding the mail.

            Both parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, along with other supporting documents. The following findings of fact are based on all the material submitted by the parties, including that forwarded by the Postal Service Law Department, Philadelphia Office.

FINDINGS OF FACT

            1. Sciulli Brothers Inc., a heating, ventilation and air conditioning business, was incorporated in February 1994. The only two shareholders and directors were Daniel and Leonardo (Len) Sciulli. Each owned 50% of the company. (Daniel Sciulli statement; Len Sciulli statement).

            2. Daniel Sciulli has always been the President of the corporation and Len Sciulli has always been the Vice-President. (Daniel Sciulli statement; Civil Complaint filed by Len Sciulli in Delaware County, Pennsylvania).

            3. In November 2005, the brothers agreed to dissolve the corporation and, by a written resolution, the company ceased doing business on December 31, 2005. Daniel has continued to manage day-to-day activities in winding up the affairs of the corporation. (Daniel Sciulli statement, Ex. C).

            4. On December 22, 2005, Daniel Sciulli submitted two change-of-address orders to the Broomall Post Office, directing that mail addressed to the corporation at 520-B Abbott Drive, and at P.O. Box 194, be forwarded to 132 Laurel Lane, Broomall, PA 19008. When Len Sciulli learned of this, he protested and this mail dispute arose. (Daniel Sciulli statement, Ex. B; Len Sciulli statement; Law Department forwarding letter).

            5. POM Section 614.1 provides:

All mail addressed to a governmental or nongovernmental organization (including...corporations,...),...at the address of the organization is delivered to the organization. . . . If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.^[1]

            6. On March 30, 2006, Len Sciulli filed a civil lawsuit in the Court of Common Pleas of Delaware County, Pennsylvania against Daniel Sciulli and others, alleging various improper actions by Daniel, to the detriment of Len. (Complaint attached to Len Sciulli statement).

DECISION

            Resolution of this case is governed by the rule stated in Finding #5 above. In his affidavit, Daniel states that he has been the President of the corporation since 1994. Len does not contradict this statement, and in the Civil Complaint filed in Delaware County he refers to himself as the vice president of the corporation and to Daniel as the president. Accordingly, under the rule stated in POM §614.1, Daniel is entitled to direct delivery of the mail.

            This decision deals only with delivery of the mail. It does not determine ownership of the contents of the mail and does not attempt to resolve underlying financial disputes, or any other disputes between the parties. If Daniel Sciulli receives mail that is intended for Len Sciulli, it is his responsibility to forward that mail. 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.

            The Judicial Officer should issue an Order to the Broomall Postmaster that the disputed mail should be delivered as directed by Daniel Sciulli.

Bruce R. Houston
Chief Administrative Law Judge

[1]  Similar language appears at Domestic Mail Manual (DMM300), January 6, 2005, Section 508.1.5.1.