Appeal of P. S. Docket No. MD-196 -- ROSALIE BERNHOLZ and HUSSEIN MOWASWES

 In the Matter of a Mail Dispute	) November 5, 1993
 Between:				)
					)
 ROSALIE BERNHOLZ			)
					)
 and					)
					)
 HUSSEIN MOWASWES			)
 TALAAT RAMADAN and			)
 WAYNE TRAVEL CENTER, INC.		) P. S. Docket No. MD-196


 APPEARANCE FOR ROSALIE BERNHOLZ:	Adolph J. Gallucio, Esq.
 9 Colt Street
 Paterson, NJ  07505-1400

 APPEARANCE FOR HUSSEIN MOWASWES	Otto F. Blazsek, Esq.
 TALAAT RAMADAN and			820 Clifton Avenue
 WAYNE TRAVEL CENTER, INC.:		Clifton, NJ  07013-1816

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) § 153.72, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Wayne Travel Service, Inc., 190 Hamburg Turnpike, Wayne, New Jersey 07470-2116 is presently being held by the Postmaster, Wayne, New Jersey. Disputant Bernholz has submitted a sworn statement, as required by 39 C.F.R. § 965.5, while Disputants Mowaswes, et al. have not. However, a written submission was made by counsel for Disputants Mowaswes, et al.

FINDINGS OF FACT

1. Prior to the Spring of 1993, Disputant Rosalie Bernholz operated a business known as Wayne Travel Service, Inc., at 190 Hamburg Turnpike, Wayne, New Jersey 07470. Ms. Bernholz was the owner and sole stockholder of the corporation (Mowaswes submission; Bernholz statement).

2. In April 1993, the parties to this dispute negotiated for the sale of Wayne Travel Service, Inc., to Wayne Travel Center, Inc., the latter corporation owned by Disputants Mowaswes, et al. The record does not support a finding that the sale was finalized, and in fact it was not (Mowaswes submission; Bernholz statement).

3. Wayne Travel Service, Inc., ceased doing business at 190 Hamburg Turnpike, Wayne, New Jersey on May 1, 1993, and at that time Disputant Bernholz became an employee of Wayne Travel Center, Inc., which from that date has operated its business at the 190 Hamburg Turnpike address. Ms. Bernholz resigned her employment position on June 1, 1993. During the period of her employment there was a certain overlap of the business transactions of Wayne Travel Service and Wayne Travel Center (Attorney Blazsek letter to Postmaster, July 9, 1993).

4. On June 22, 1993, Ms. Bernholz filed a "Change of Address Order" (PS Form 3575) with the Wayne, New Jersey Post Office, requesting that all mail addressed to Wayne Travel Service at 190 Hamburg Turnpike, Wayne, New Jersey be forwarded to 11 Ledge Road, Wayne, New Jersey (Field Counsel submission).

5. Disputant Bernholz is presently the owner and sole stockholder of Wayne Travel Service, Inc., a New Jersey Corporation. The corporation's charter is in good standing (Bernholz statement).

CONCLUSIONS OF LAW

1. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the right of ownership of the mail or resolve any disputes between the parties, including any monetary disputes.

2. Section 153.4 of the DMM provides that all mail addressed to an organization (including corporations) at the address of the organization shall be delivered to the organization.

3. Rosalie Bernholz, as the owner and sole stockholder of Wayne Travel Service, Inc., had full authority to file the "Change of Address Order" (PS Form 3575) with the Wayne, New Jersey Post Office, requesting the forwarding of the corporation's mail to the 11 Ledge Road, Wayne, New Jersey address.

4. All mail addressed to Wayne Travel Service, Inc., at 190 Hamburg Turnpike, Wayne, New Jersey 07470 is to be delivered to 11 Ledge Road, Wayne, New Jersey 07470.

5. If either party to this dispute receives mail intended for the other party, it is the responsibility of the recipient to assure delivery of such mail to the proper party.

 					James D. Finn, Jr.
 					Administrative Judge