In the Matter of a Mail Dispute Between

FRED and SHERRY SOMMERICH
          and
ROBERT M. COX

P.S. Docket No. MD 07-413

APPEARANCE FOR DISPUTANTS FRED AND SHERRY SOMMERICH: Fred and Sherry Sommerich

APPEARANCE FOR DISPUTANT
ROBERT M. COX:
Robert M. Cox

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 United Plumbing Services, LLC, 12941 Bellefontaine Road, St. Louis, MO 63138-1602. The St. Louis Postmaster is currently holding the mail.

            Mr. and Mrs. Sommerich filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, along with some supporting documents. Mr. Cox filed nothing in this proceeding. The following findings of fact are based on the Sommerichs’ statement and documents, and the material forwarded by the United States Postal Service Law Department, St. Louis Office, including documents previously provided to the post office by Sherry Sommerich.

FINDINGS OF FACT

             1. United Plumbing Services, LLC, was created on or about June 10, 2006 by Fred Sommerich, Sherry Sommerich, and Robert Cox as equal partners. The company’s business address was 12941 Bellefontaine Road, St. Louis, MO 63138-1602. (Sommerich affidavit and attached documents).

             2. United Plumbing Services, LLC, ceased doing business on or about November 9, 2007. (Sommerich affidavit; State of Missouri Articles of Termination and Certificate of Termination attached).

             3. Sherry Sommerich, as the office manager and bookkeeper for the company, is performing all correspondence-related tasks in winding up the business. (Sommerich affidavit).

             4. On November 7, 2007, a new and separate company, United Plumbing Services of St. Louis, LLC, was created by Robert Cox. (Sommerich affidavit; State of Missouri Articles of Organization and Certificate of Organization attached).

             5. At some time in November 2007, Robert Cox submitted a Change-of-Address Form to the St. Louis Post Office, directing that mail addressed to United Plumbing Services, LLC, at 12941 Bellefontaine Road be forwarded to another address. When the Sommerichs protested, this mail dispute arose.

DECISION

As Robert Cox filed nothing to support his claim, as required by 39 C.F.R. §965.5, he is in default. That alone is sufficient grounds for a ruling in favor of the Sommerichs. 39 C.F.R. §965.7. In addition, a primary purpose of Postal Service rules for the resolution of mail disputes is that mail be delivered as intended by the senders. It is likely that people sending mail to United Plumbing Services, LLC, intend for it to be received by the person who is handling matters related to closing out the business. In this case, that is Sherry Sommerich. Accordingly, the Sommerichs are entitled to receive the mail.

This decision deals only with delivery of mail. It does not 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 the mail will be delivered according to such an order. POM §616.3. If the Sommerichs receive any mail that is intended for Robert Cox, it is their responsibility to forward that mail to him.

The Judicial Officer should issue an Order to the St. Louis Postmaster directing that mail addressed to United Plumbing Services, LLC, 12941 Bellefontaine Road, St. Louis, MO 63138-1602, be delivered as addressed.

Bruce R. Houston
Chief Administrative Law Judge