In the Matter of a Mail Dispute ) September 9, 1993 Between: ) ) MICHAEL PURDOM ) ) and ) ) JOHN McGOVERN ) P. S. Docket No. MD-193 APPEARANCE FOR MICHAEL PURDOM: Michael Purdom, pro se 265 Atlantic Avenue Long Branch, NJ 07740-7232 APPEARANCE FOR JOHN McGOVERN: None
The United States Postal Service Law Department, Philadelphia Field Office, has referred this mail dispute to this office for resolution. The mail in dispute is that addressed to BY THE SEA SERVICES, P.O. Box 894, Freehold, NJ 07728-0894. Disputant Purdom has filed the submittal required by 39 C.F.R. § 965.5. The following Findings of Fact and Conclusions of Law are based on the submittal by Disputant Purdom and on documents submitted by the Philadelphia Field Office. FINDINGS OF FACT
1. In 1987, a business by the name of "BY THE SEA," owned by Glen Purdom, was in existence and had registered to do business in Atlantic County, New Jersey. By 1988, Disputant Michael Purdom, Glen Purdom's brother, also had become an owner of the company, although the extent of his ownership is not clear from the record.
2. In October 1992, Disputant John McGovern became associated with the business as a Junior Partner. It was the understanding of the parties that Mr. McGovern would leave the business if Disputant Purdom came to the conclusion that he "did not belong."1/ In the same month, at Michael Purdom's direction, Mr. McGovern opened the post office box in dispute in the name of BY THE SEA SERVICES, and had the box assigned to himself and Michael Purdom.
3. In May 1993, Disputant McGovern's association with BY THE SEA SERVICES was terminated by Disputant Purdom. CONCLUSIONS OF LAW
1. Disputant McGovern did not file the submittal required by 39 C.F.R. § 965.5 and thus is in default under 39 C.F.R. § 965.7
2. The disputed post office box, Box 894, was opened by Disputant McGovern on behalf of BY THE SEA SERVICES, a business which continues in operation. Disputant McGovern is no longer associated with BY THE SEA SERVICES, and there is no evidence of any agreement between the parties giving him the right to receive mail addressed to that company at P.O. Box 894. Accordingly, I conclude that mail addressed to the company at P.O. Box 894, Freehold, NJ 07728-0894, should be delivered as directed by Michael Purdom.
3. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership. If Disputant Purdom or the company receives mail intended for Disputant McGovern, that mail should be forwarded to the correct destination.
4. The attached delivery order should be issued.
David I. Brochstein Administrative Judge
(Text of delivery order)
Mail addressed to BY THE SEA SERVICES at P.O. Box 894, Freehold, NJ 07728-0894, is to be delivered as directed by Michael Purdom.