Appeal of P.S. Docket No. MD-6 -- VIOLA SINGLETON and DENISE SINGLETON

In the Matter of a Mail Dispute Between: VIOLA SINGLETON and DENISE SINGLETON P.S. Docket No. MD-6 February 22, 1988 Randolph D. Mason Administrative Law Judge

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 Postmaster, Chicago, Illinois, pending final resolution of the matter. Disputant Mrs. Viola Singleton, mother of Mr. Renzo R. Singleton, Jr., deceased, has filed a written submittal, as required by 39 C.F.R. 965.5, but Disputant Denise Singleton, the ex-wife of the deceased, has not. By Order dated February 4, 1988, Denise Singleton was informed that she may be held in default if she failed to file a submittal by February 14, 1988. Although she received the Order, she failed to respond.

FINDINGS OF FACT

1. Renzo R. Singleton, Jr., deceased, was married on March 2, 1974 to Disputant Denise Singleton. They had two children, Renzo III and Craig, who were born in 1975 and 1979, respectively. In 1983 they were divorced.

2. Renzo R. Singleton, Jr., subsequently lived with his mother, Disputant Viola Singleton, until his death on July 12, 1987. They lived at 1111 W. Roosevelt Road #1202, Chicago, Illinois 60609, where Viola still resides with her husband Renzo Singleton, Sr.

3. Denise Singleton lives at 1036 West 14th Street #303, Chicago, IL 60608-1319 with her two children, Renzo III and Craig.

CONCLUSIONS OF LAW

l. Disputant Denise Singleton failed to make the submittal required by 39 C.F.R. 965.5 and thus is is default in this proceeding pursuant to 39 C.F.R. 965.7.

2. Also, Section 153.241 of the Domestic Mail Manual states that mail addressed to a deceased person should be delivered as addressed and may be received at the address of the deceased by anyone who would normally receive the addressee's mail at that address. Although DMM 153.242 provides that such mail may be forwarded to a different address, including that of an appointed executor or administrator, if an order of request is filed, Denise Singleton failed to show good cause why she should receive the mail of her deceased ex-husband.

3. Accordingly, it is determined that Disputant Viola Singleton is entitled to receive all mail addressed to Renzo R. Singleton, Jr., at 1111 West Roosevelt Road, #1202, Chicago, IL 60609-1501.