Appeal of P.S. Docket No. MD-1 -- ROBIN E. McNAUGHTON-STONE and ROBIN A. CURSI

In the Matter of a Mail Dispute Between: ROBIN E. McNAUGHTON-STONE, 155 Cambridge, Pleasant Ridge, MI 48069-0001 and ROBIN A. CURSI, 382 West Oak Ridge, Ferndale, MI 48220-2729 P.S. Docket No. MD-1 February 4, 1988 James D. Finn, Jr. Associate Judicial Officer

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. the mail in dispute is presently being held by the Manager, College Park Station, Detroit, Michigan, pending final resolution of the matter. Disputant Ms. Robin E. McNaughton-Stone initially filed a written submittal, as required by 39 C.F.R. 965.5, while Disputant Mr. Robin A. Cursi did not. Nor did Mr. Cursi initially file any comments addressing Ms. McNaughton-Stone's submittal, as permitted by 39 C.F.R. 965.6. An Initial Decision was rendered by the undersigned on December l, 1987, determining Robin E. McNaughton-Stone was entitled to possession of the disputed mail, thus resolving the issue of dispute (hereinafter referred to as Issue No. l), inasmuch as Robin A. Cursi was in default under 39 C.F.R. 965.7. Thereafter,

Robin E. McNaughton-Stone timely raised a new issue of dispute (hereinafter referred to as Issue No. 2) and the matter was remanded by the Judicial Officer for further processing. Mr. Cursi timely filed a response to Ms. McNaughton-Stone's submission pertaining to Issue No. 2. A conference call was held with the parties to further hear their positions. A procedure was proposed for resolution of the dispute using the conference call. Its implementation did not successfully resolve the matter however.

FINDINGS OF FACT

1. Disputants were formerly married and had the same first and lst names, i.e , Robin Cursi. The wife's middle initial was "E.", while the husband's was "A.". They resided at 290 W. Drayton, Ferndale, Michigan 48220 (Submission of Robin E. McNaughton-Stone, Disputant No. 1).

2. The parties were divorced August 29, 1986. Pursuant to Court Order Robin e. Cursi received title to the 290 W. Drayton property (Submission, Disputant No. l).

3. Robin a. Cursi (Disputant No. 2) has not lived at the 290 W. Drayton property since May, 1986. Robin E. Cursi lived there until June 20, 1987, at which time she apparently remarried and moved to a new address (Submission, Disputant No. l; July 19, 1987, letter, Disputant No. l to Station Manager).

4. Since neither party now resides at 290 W. Drayton, mail sent to either party at that address must be forwarded. The parties disagree as to the rightful recipient of mail addressed to Robin Cursi (with no middle initial), 290 W. Drayton, and each asks for such forwarded mail (Issue No. l). The parties additionally disagree as to the rightful recipient of mail addressed jointly to Robin A. and Robin E. Cursi at the 290 W. Drayton address (Issue No. 2).

5. In regard to Issue No. 2 Disputant Robin E. McNaughton-Stone contends the mail in issue pertains only to certain documents involving the sale of the 290 W. Drayton property, of which she ultimately was the sole owner, an that the documents are rightfully hers. Robin A. Cursi generally contends entitlement primarily on the fact that his legal name is Robin a. Cursi, while the other disputant's present legal last name is McNaughton-Stone.

CONCLUSION OF LAW

1. Disputant Robin A. Cursi failed to make the submittal to the initial disputed issue, as required by 39 C.F.R. 965.5, and thus is in default in this proceeding on Issue No. l, i.e., mail addressed to Robin Cursi (with no middle initial), pursuant to 39 C.F.R. 965.7.

2. Disputant Robin A. Cursi failed to address, except in the most general manner, the assertions of Robin E. McNaughton-Stone that she is entitled to mail addressed to Robin A. and Robin . Cursi (Issue No. 2). Her assertions of entitlement to such mail are thus found to be more persuasive.

3. Accordingly, it is determined that Disputant Robin E. McNaughton-Stone is entitled to receive all mail addressed to "Robin Cursi" (no middle initial) or jointly to "Robin A. and Robin E. Cursi", 290 W. Drayton, Ferndale, Michigan 48220. The attached Order should be issued.