United States Postal Service(TM)


 In the Matter of a Mail Dispute Between:

 GRACE SCHMIDT
 and
 FRANK GAIDOSH

 P.S. Docket No. MD-121

 08/14/91

 Mason, Randolph D., Administrative Law Judge

 APPEARANCE FOR GRACE SCHMIDT: Joseph P. Grimes, Esq.,
 1230 Brace Road, Cherry Hill, NJ 08034-3211 

 APPEARANCE FOR FRANK GAIDOSH: None

INITIAL DECISION

This mail dispute proceeding was docketed under Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Only disputant Schmidt filed written submittals under 39 C.F.R. $S965.5. Although given an additional opportunity to do so, Disputant Gaidosh failed to file a submittal and is in default. The dispute concerns delivery of mail addressed to Superior Plumbing at 800 S. Burnt Mill Road, Voorhees, NJ 08043-2211 and at P.O. Box 752, Voorhees, NJ 08043. The following findings of fact and conclusions of law are based upon the above submittals:

FINDINGS OF FACT

1. Disputant Grace Schmidt owns 90% of the stock of Superior Plumbing and Contracting Company, Inc. Disputant Frank Gaidosh owns 10% of the stock and was an employee of the company. Mr. Gaidosh was never an official of the company.

2. On March 11, 1991, Superior Plumbing moved to 800 S. Burnt Mill Road, Voorhees, NJ 08043.

3. On April 27, 1991, the company terminated Mr. Gaidosh and moved to another address. The company requested that its mail be forwarded, but Mr. Gaidosh also sought delivery of the mail.

CONCLUSIONS OF LAW

1. Disputant Gaidosh failed to file a submittal as required by the regulations and is in default. 39 CFR § 965.7. Accordingly, the mail in dispute will be delivered in accordance with the direction of the other party, Disputant Grace Schmidt.

2. The attached mail delivery order should be issued.