In the Matter of a Mail Dispute Between

LORNE RICKE
and
MARY RICKE

P.S. Docket No. MD 09-517

APPEARANCE FOR DISPUTANT
LORNE RICKE:
Lorne Ricke

APPEARANCE FOR DISPUTANT
MARY RICKE:
Mary Ricke

INITIAL DECISION

            Mail Dispute MD-09-517 has been docketed pursuant to Postal Operations Manual § 616.21 under the procedures established at 39 CFR Part 965. The disputants are Lorne Ricke and Mary Ricke, who contest mail addressed to Post Office Box 57, Bella Vista, California 96008-0057 (hereafter the Post Office Box) The Postmaster of Bella Vista, California has been directed to hold the mail so addressed.

FINDINGS OF FACT

            1. Lorne Ricke and Mary Ricke presently are married, pending divorce proceedings, and live apart (Lorne Ricke Affidavit and attachments A-C thereto). Their son lives with Mary Ricke (Lorne Ricke Affidavit and attachments A, C thereto). Lorne Ricke’s daughter from a previous marriage lives with Lorne Ricke, who has sole custody (Lorne Ricke Affidavit and Attachment E thereto).

            2. On October 1, 2009, Mary Ricke submitted a change of address request to forward to her street address the entire family’s mail addressed to the Post Office Box. The Post Office Box is registered jointly to her and to Lorne Ricke (Attachments to Field Counsel Referral).

            3. On October 8, 2009, Lorne Ricke submitted change of address requests to forward to his street address that mail addressed to himself or to his daughter at the Post Office Box (Attachment to Field Counsel Referral).

            4. The mail dispute was referred to the Law Department for the United States Postal Service on November 10, 2009, and was thereafter forwarded to the Judicial Officer by Postal Service counsel (Attachments to Field Counsel Referral). In accordance with applicable procedures, a Notice of Docketing and Submittal Due Date, issued on December 11, 2009, required submittals by the parties by December 29, 2009.

            5. On December 28, 2009, Lorne Ricke submitted a sworn affidavit in support of his position, along with supporting documentation. Mary Ricke did not submit a sworn statement or any materials in support of her position.

DECISION

            The procedures for resolution of mail disputes require the submission of sworn statements and documents relied upon by the disputants in support of their respective positions. See 39 CFR § 965.5. A party who fails to file the submittal required by § 965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party.See 39 CFR § 965.7. Here, Mary Ricke failed to submit a sworn statement, or any explanation or document (Finding of Fact 5). This is sufficient to find her in default and to rule in favor of Lorne Ricke. In addition, Lorne Ricke has submitted evidence that persuades me that a decision in his favor is appropriate.

            Lorne Ricke seeks the mail intended for himself or for his daughter to be forwarded to his address. He has demonstrated that he has sole custody of his daughter, and his request to receive his own mail and his daughter’s mail should be honored. See Postal Operations Manual § 611.1(a) (addressees control delivery of their mail); Postal Operations Manual § 612.2 (guardian of minor controls delivery of mail addressed to the minor). Lorne Ricke also has demonstrated that Mary Ricke does not have a legal right to countermand his forwarding request. See Postal Operations Manual § 613.2 (neither spouse may control delivery of mail addressed to the other).

            Accordingly, previously held mail, and mail delivered in the future that is addressed to Lorne Ricke or to his daughter at the Post Office Box should be forwarded in accordance with his request.

            Lorne Ricke does not oppose the forwarding request by Mary Ricke insofar as it seeks the forwarding of her or their son’s mail. Therefore, Mary Ricke’s forwarding request for such mail should be honored.

            This decision only determines the right to delivery of the mail in dispute, and not ownership of the contents of such 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. See Postal Operations Manual § 616.3.

            This initial decision therefore recommends that the Judicial Officer issue an order directing that the Bella Vista Postmaster release all previously held mail and all mail delivered in the future to Post Office Box 57, Bella Vista, California 96008-0057, as follows:

            If addressed to Lorne Ricke or his daughter, forward to Lorne Ricke, at 21784 Chukar Lane, Redding, California 96003-9279.

            If addressed to Mary Ricke or her son, forward to Mary Ricke, at 1442 Hemlock Avenue, Anderson, California 96007-4013.

Gary E. Shapiro
Administrative Judge