November 17, 1992
In the Matter of a Mail Dispute Between:
CAROLINE S. ROCK
and
JOHN R. ROCK
P. S. Docket No. MD-161
APPEARANCE FOR CAROLINE S. ROCK:
Caroline S. Rock
4611 D Four Seasons
Glen Allen, VA 23060-6231
APPEARANCE FOR JOHN R. ROCK:
John R. Rock
Central Supply Company
8820 Brook Road, Suite 1
Glen Allen, VA 23060-4001
INITIAL DECISION
The Office of Field Legal Services, Philadelphia, Pennsylvania, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) §153.72 and 39 C.F.R. Part 965. Both disputants filed written submittals as required by 39 C.F.R. §965.5 and Caroline Rock has filed comments under 39 C.F.R. §965.6. The Findings of Fact and Conclusions set out below are based on the documents submitted by both parties and by the Office of Field Legal Services.
The mail in dispute is addressed to Caroline S. Rock at NDCBU #11, 8820 Brook Road, Glen Allen, VA 23060-4001.
FINDINGS OF FACT
1. As part of a divorce decree entered in December 1988, Disputants Caroline Rock and John Rock were declared equal owners of the property at 8820 Brook Road, Glen Allen, Virginia. However, on September 19, 1989, the Circuit Court for Henrico County, Virginia, issued a “Final and Permanent Injunction Order” permanently enjoining Caroline Rock from going to the business location of Central Supply Company at that address.
2. In May 1992, as a result of an action brought by John Rock, an Order was entered in the Circuit court directing that John Rock receive fee simple title to the property at 8820 Brook Road, in return for the payment of a stated sum to Caroline Rock. A Special Commissioner was appointed by the court to execute deeds transferring Caroline Rock’s interest in the property to John Rock, if she failed to execute the deeds herself. The Special Commissioner executed such a deed on behalf of Caroline Rock on May 20, 1992.
3. Sometime in May, June, or July 1992, John Rock authorized the Postmaster in Glen Allen to close NDCBU box #11 at 8820 Brook Road, which was in Caroline Rock’s name, on the grounds that Caroline Rock no longer had office space at that address and that she no longer owned any interest in the property. NDCBU #11 is the assigned mailing address of Suite #1 at 8820 Brook Road. The lock on the box was changed by the Postal Service and mail addressed to Caroline Rock at that address was held at the Glen Allen Post Office. In a July 31, 1992, letter, the Glen Allen Postmaster informed Caroline Rock that her mail would be held for ten days to give her the opportunity to file a change of address and that after that time the mail would be returned to sender.
4. By letter dated August 4, 1992, Caroline Rock objected to the closing of her box, arguing that there was no new tenant in suite #1 and that she was an owner of the property. She asked that the mailbox be restored to her and that mail being held be deposited therein.
5. In a September 2, 1992, letter to Caroline Rock the Director of Field Operations for the Richmond Division informed her that there had been no improprieties associated with the Glen Allen Postmaster’s actions and that the directions regarding filing a change of address were to be enforced. An appeal by Caroline Rock to the Manager of Mailing Requirements for the Richmond Division, was forwarded to the Office of the Chief Field Counsel for the Region which, in turn, referred the dispute to this Office.
CONCLUSIONS
1. In this mail dispute, the two parties are not arguing over which of them has the right to mail addressed to Caroline Rock at NDCBU #11. Rather, the dispute is over whether Caroline Rock has the right to use that address to receive mail.
2. Documents filed in this matter show that Caroline Rock no longer has any ownership interest in the property at 8820 Brook Road. In addition, she has been permanently enjoined from going to that location. Although Ms. Rock argues that the transfer of title and the injunction were improperly granted, this is not the forum in which the Orders of the Circuit Court of Henrico County may be challenged. Rather, any challenge must be through the Virginia court system.
3. Since the use of NDCBU #11 at 8820 Brook Road is assigned to the occupant of suite #1 at that address, and since Ms. Rock is prohibited from going to that property, she has no basis for asserting the right to use NDCBU #11 as her address. Accordingly, the actions taken by the Glen Allen, Virginia Postmaster were correct.
4. The attached Order should be issued.
David I. Brochstein
Administrative Judge