In the Matter of a Mail
Dispute Between:                                      )   December 6, 1988
                                                      )
DONALD W. CLARKE, JR.                                 )
                                                      )
       and                                            )
                                                      )
RENEE MONTAGUE,                                       )
STEVEN GREENE,                                        )
CHARLES P. KENNEDY                                    )   P.S. Docket No. MD-36

 

The attached Initial Decision of the Adminstrative Judge dated December 6, 1988, may be appealed to the Judicial Officer of the Postal Service by filing exceptions thereto within ten (10) days from the date of receipt of the Initial Decision. Notice of Appeal containing exceptions shall be filed with the Recorder, United States Postal Service, 475 L'Enfant Plaza West, S.W., Room 10833, Washington, DC 20260-6100

If no appeal is taken with the prescribed time, the Initial Decision shall become final, unless the Judicial Officer on his own motion decides to review the matter.

James E. Lemert

Adminstrative Judge

This mail dispute was docketed under Domestic Mail Manual § 153.72, which requires Regional counsel to forward unresolved mail disputes to this Department for decision. Two addresses, P. O. Box 4223, Philadelphia, PA 19150, are involved in the dispute. The dispute between Donald W. Clarke, Jr. and Renee Montague has been settled and was dismissed on the basis of that settlement by Order dated October 14, 1988.

The remaining parties to the dispute, including Disputant Clarke, were instructed to file submittals, as provided by 39 C.F.R. § 965.5, within 15 days from receipt of the Order. Only Disputant Clarke has filed a submittal.

Disputant Greene has filed nothing although he received both the initial notice and the Order of October 14, 1988, directing the parties to file submittals. Moreover, Disputant Clarke, in a letter dated November 17, 1988, filed in this proceeding, states that Disputant Greene told Clarke in late October 1988 that Greene was not interested in pursuing the matter of claiming the mail.

Disputant Kennedy could not be served with the certified mail containing the Order and notice to file submittals. Delivery attempts were made at both addresses listed in the initial papers filed with the Department and at a forwarding address. The latest mailing was returned to this Department as unclaimed. It is a disputant's obligation to keep this Department apprised of his current address where mail may be received, and to receive certified mail if delivered to his proper address.

From the foregoing it is concluded that Disputants Greene and Kennedy are in default under 39 C.F.R. § 965.7. The mail subject to the dispute between Donald W. Clarke, Jr. and Steven Greene, and the dispute between Donald W. Clarke, Jr. and Charles P. Kennedy, shall be delivered to Donald W. Clarke, Jr.

The attached mail delivery instruction to the Postmaster should be issued.

James E. Lemert

Administrative Judge

 ORDER
 
  TO THE POSTMASTER AT:  PHILADELPHIA, PA  19104-9998

      RE:  MAIL DISPUTE BETWEEN
           DONALD W. CLARKE, JR.
                  and
           STEVEN GREENE
           CHARLES P. KENNEDY
           P. S. Docket No. MD-36

Maild addressed to Steven Greene or Charles P. Kennedy at P. O. Box 4223, Philadelphia, PA 19144, or 1611 E. Wadsworth Avenue, Philadelphia, PA 19150, is to be delivered to Donald W. Clarke, Jr.

James A. Cohen Judicial Officer