In the Matter of a Mail Dispute between:

 JOHN A. RUPLEY
 and
 WILLIAM B. TENNY

 P.S. Docket No. MD-91

 8/17/90

 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR JOHN A. RUPLEY: John A. Rupley, Pro Se,
 6006 Cortez Road W, Bradenton, FL  34210-2792 

 APPEARANCE FOR WILLIAM B. TENNY:   William B. Tenny, Pro Se,
 135 S.  32nd Street, Camp Hill, PA  17011-5101

This mail dispute has been forwarded by the Chief Field Counsel pursuant to Domestic Mail Manual § 153.72 and 39 C.F.R. Part 965. The parties dispute the right to delivery of mail addressed to John [A.] Rupley and/or Professional Real Estate Appraiser and/or Town & Country Real Estate at 135 South 32nd St., Camp Hill, PA 17011.

The disputants have made timely submittals pursuant to § 965.5 of the Rules of Practice. Mr. Rupley's submittal is not a sworn statement as required by the rules. Only Mr. Tenny filed comments permitted by § 965.6.

1. The disputants are William B. Tenny, residing at 135 South 32nd Street, Camp Hill, PA 07011 (hereinafter the "South 32nd St. address"), and John A. Rupley, residing at 6006 Cortez Road West, Bradenton, FL 34210.

2. As forwarded by the Office of Field Counsel, the dispute involves mail addressed to John [A.] Rupley, Professional Real Estate Appraiser, and Town & Country Real Estate at 135 South 32nd Street, Camp Hill, PA 07011. However, according to Mr. Tenny's submittal and comments he agrees that all mail addressed to disputant Rupley, individually, at such street address be forwarded pursuant to Mr. Rupley's instructions. Therefore, the dispute is confined to mail addressed to the two fictitious names.

3. Mr. Rupley formerly resided and did business at the South 32nd St. address.

4. Mr. Tenny claims that on January 1, 1990, under an agreement hand written by Mr. Rupley, (attached to Tenny's submittal as Exhibit C), Tenny purchased and acquired all the assets of Rupley trading and doing business as "Town & Country Real Estate" and "Professional Real Estate Appraisers," including lease agreements, good will, etc.

5. Mr. Tenny's Exhibit C is simply a list of dollar amounts and words apparently related to utilities, rental and certain items of personal property dated January 1, 1990, unsigned by Rupley with the words "Accepted 1/1/90 W. Tenny" in the lower right hand corner. The documents lacks words of purchase and sale, does not set forth the d/b/a/ fictitious names involved in the dispute and does not mention the South 32nd St. address.

6. Tenny's submittal (Exhibits A and B) also contains copies of his applications, filed with the Pennsylvania Department of State on June 8, 1990, for registration of the fictitious names Town & Country Real Estate and Professional Real Estate Appraisers showing the principal place of business as the South 32nd Street address.

7. Exhibit 6 to Tenny's submittal is a copy of a lease agreement dated April 24, 1990, between one Keough as lessor and disputant Tenny as lessee renting the premises at the South 32nd Street address to Tenny for the term May 1, 1990 to June 30, 1991.

8. Mr. Rupley's unsworn submittal, made and mailed in Florida, asserts that he has been operating as a licensed real estate broker and as broker of record for Town & Country Real Estate since 1985 at 135 S. 32nd St. The submittal also asserts that the Professional Real Estate Appraisers "company" has been in business since 1987 but gives no business address therefor.

9. Mr. Rupley's submittal includes a copy of a Pennsylvania real estate broker's certificate issued to him, at the address Town & Country Real Estate, 135 South 32nd St., Camp Hill, PA, on December 19, 1988. The certificate expired on February 28, 1990. His submittal does not show a renewal of such certificate.

10. Unlike Mr. Tenny's submittal and comments, Mr. Rupley's submittal fails to show evidence of any current business activity by him at, or in connection with, the South 32nd St. address.

11. Mr. Rupley's submittal fails to dispute expressly by way of assertion or in attached documents, Mr. Tenny's claim that Rupley sold to him on January 1, 1990, the businesses known as Town & Country Real Estate and Professional Real Estate Appraisers (including those fictitious business names) at the South 32nd St. address.

1. Although the quality of the submittals leaves something to be desired, the preponderance of the evidence supports the findings that Mr. Tenny, on January 1, 1990, acquired from Mr. Rupley the right to use the fictitious business names involved; that Mr. Tenny has properly registered those names with the State of Pennsylvania; that he is the lessee and occupant of the premises at the South 32nd St. address, and is doing business under those names at such address. It is concluded, therefore, that Mr. Tenny has the right to direct the delivery of the disputed mail.

2. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership.

3. If Mr. Tenny receives any mail clearly intended for Mr. Rupley individually he will be responsible for assuring delivery of such mail to him.

4. The attached mail delivery order should be issued.