Appeal of P.S. Docket No. MD-20 -- CHARLES E. FALER and MALETHA FALER a/k/a, LEE FALER a/k/a, MALETHA LEE McCLANAHAN

In the Matter of a Mail Dispute Between: CHARLES E. FALER and MALETHA FALER a/k/a, LEE FALER a/k/a, MALETHA LEE McCLANAHAN P.S. Docket No. MD-20 06/24/88 Finn, James D. Jr. Associate Judicial Officer

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual l53.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Disputant Charles E. Faler and Disputant Maletha Faler both seek delivery of mail addressed to Faler Trucking, Inc., Post Office Box 509, Riverside, CA 9250l. The mail in dispute is presently being held by the Manager, Downtown Station, Riverside, CA, pending final resolution of the matter. Neither party filed a written submittal, as required by 39 C.F.R. 965.5; thus both could be determined to be in default pursuant to 39 C.F.R. 965.7. However, the record forwarded by Regional Counsel contains sufficient documentation previously submitted by Charles Faler to render a decision on the matter.

FINDINGS OF FACT

l. On June l0, l986, an application for a post office box was filed at the Riverside, CA, Downtown Station, on behalf of Faler Trucking, Inc. The applicant was Maletha Faler. The application listed Charles E. Faler as an individual authorized to accept mail on behalf of Faler Trucking, Inc. The application was approved and delivery service to Post Office Box No. 509 commenced July 8, l986.

2. On January l9, l988, a change of address form, PS Form 3575, was sent to the Riverside, CA, Station Manager, requesting that all mail addressed to Faler Trucking, Inc. at Post Office Box 509 be forwarded to an address in Johnston, SC. The form was signed "Lee Faler, Pres." The record indicates that Lee Faler is in fact Maletha Faler. Charles E. Faler objects to the forwarding of the mail and requests delivery of it to him.

3. On March l2, l987, Charles E. Faler sold a used Mack truck to a Larry K. Phillips for the amount of 3,000. The purchase agreement indicated Charles E. Faler to be the sole seller and listed his address as P. O. Box 509, Riverside, CA.

4. On March 2l, l988, "Chuck Faler" purchased a used Ford truck from Mack Trucks, Inc. for $2l20. On the same date he also purchased two used GMC trucks from Mack Trucks, Inc. for the total price of 2,720. The applicable invoices and bills of sale showed Mr. Faler's address as 3655 Placentia, Riverside, CA.

5. A l988-89 registration application for a l980 IHC truck shows the owner to be "Faler Charles E., DBA Faler Trucking Inc." at 3655 Placentia Ln., Riverside, CA.

6. l987 and l988 water and electric invoices sent to "Faler Trucking" shows its address to be 3655 Placentia, Riverside, CA. An undated California Use Fuel Tax Permit on a l982 form was issued to "Faler Trucking, Charles E. Faler, 3655 Pacenta sic Lane, Riverside, CA."

7. On March 22, l988, Charles E. Faler "d/b/a Faler Trucking, 3655 Placentia Lane, Riverside, CA," was sent a "Notice to Appear" before the State of California Public Utilities Commission. Mr. Faler appeared on April 7, l988, and signed a statement admitting two Public Utilities Code violations as "Charles E. Faler, dba Faler Trucking."

CONCLUSIONS OF LAW

l. Charles E. Faler does business as Faler Trucking or Faler Trucking, Inc., at 3655 Placentia Lane, Riverside, CA (Finding of Fact Nos. 4-7).

2. Charles E. Faler has used the mailing address of Post Office Box 509, Riverside, CA, for the operation of such business (Finding of Fact No. 3).

3. There is no evidence in the record to support a conclusion that Maletha Faler has participated in the operation of the business since the application for Post Office Box 509 was filed in June, l986.

4. Charles E. Faler, as the principal of Faler Trucking or Faler Trucking, Inc., is entitled to receive all mail addressed to Faler Trucking or Faler Trucking, Inc., at Post Office Box 509, Riverside, CA. The attached Order should be issued.