Appeal of P.S. Docket No. MD-80 -- HARRIETT IJAMES and ANTHONY LOVETT

 In the Matter of a Mail Dispute Between:

 HARRIETT IJAMES and ANTHONY LOVETT

 P.S. Docket No. MD-80

 04/25/90

 Thompson, Joan B., Administrative Judge

 APPEARANCE FOR HARRIETT IJAMES:  Harriett Ijames, pro se,  
 1401 North Westshore Boulevard, Suite 109, Tampa, FL  33607-4518  

 APPEARANCE FOR ANTHONY LOVETT:  Anthony J. Lovett, pro se,  
 3112 West Kennedy Boulevard, Suite 103, Tampa, FL  33609-3005

INITIAL DECISION

This mail dispute has been forwarded to this office for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965. The parties dispute the right to mail addressed to Sunshine State Mortgage Co., at 1401 North Westshore Boulevard, Suite 109, Tampa, FL 33607-4518. The Findings are based on documents submitted with the transmittal and a submittal by Disputant Lovett. Disputant Ijames has not filed a submittal with this office nor a response to Disputant Lovett's submittal.

FINDINGS OF FACT

1. Disputant Lovett is the sole owner of two businesses, Sunshine State Mortgage Co. (or Corp.) and Prompt Real Estate Co., which, at least from February 6, 1989, used 1401 North Westshore Boulevard, Suite 109, Tampa, FL 33607-4518, as a business address. Apparently, sometime in late 1989 or early 1990, Disputant Lovett filed two "Change of Address" forms requesting that mail addressed to those businesses be sent to 3112 West Kennedy Boulevard, Suite 103, Tampa, FL 33609-3005. According to Disputant Lovett, mail addressed to both of those businesses at the Westshore Boulevard address has been "held up" since February 1990.

2. From January 1989 to January 1990, pursuant to a "Stipulation, Consent Agreement and Final Order" approved by the Division of Finance, Department of Banking and Finance, State of Florida, Disputant Ijames served as an employee of Disputant Lovett, a mortgage broker, in order to meet State probation conditions to permit her to continue to work in the mortgage broker business. On January 19, 1990, Disputant Lovett was relieved of his responsibilities to supervise Disputant Ijames under the terms of that Order.

3. Disputant Ijames rents offices at 1401 North Westshore Boulevard, Suite 109, Tampa, FL 33607-4518, and has asserted she is the owner of Sunshine State Mortgage Company at that address. She is the incorporator as of February 27, 1990, of a business named Sunshine State Mortgages of Tampa, Inc., with its principal place of business at that address.

CONCLUSIONS OF LAW

1. Disputant Ijames has not filed a timely submittal or response to Disputant Lovett's submittal. Therefore, in accordance with 39 C.F.R. § 965.7, she is held to be in default and the disputed mail should be delivered in accordance with the other party's direction.

2. Accordingly, the attached proposed mail delivery instruction should be issued directing that mail addressed to the companies owned by Disputant Lovett, namely, Sunshine State Mortgage Co. (or Corp.) and Prompt Real Estate Co., at 1401 North Westshore Boulevard, Suite 109, Tampa, FL 33607-4518, be delivered in accordance with Disputant Lovett's instructions.

3. This mail dispute resolution is to enable the Postal Service to carry out its responsibility to deliver mail. The ownership of any mail and other legal rights between the parties are not determined.