September 30, 1994
In the Matter of a Mail Dispute Between
DONALD E. JAMES
and
HAROLD STEPP
P.S. Docket No. MD 94-33
APPEARANCE FOR DONALD E. JAMES:
Maria A. Fernandez, Esq.
Taustine, Post, Sotsky, Berman, Fineman & Kohn
Marion E. Taylor Building, Eighth Floor
Louisville, KY 40202-3083
APPEARANCE FOR HAROLD STEPP:
Elmer J. George, Esq.
105 West Main Street
Lebanon, KY 40033-1236
INITIAL DECISION
This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §153.721 (c) 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 P.O. Box 292, Warfield, KY 41267-0292, is presently being held by the Warfield Postmaster. Both disputants submitted the sworn statements required by 39 C.F.R. 956.5.
FINDINGS OF FACT
1. On April 30, 1990, Disputant Harold Stepp filed Articles of Incorporation for Stepp Medical Equipment, Inc., with the State of Kentucky. The Articles designed Harold Stepp as the registered agent, director and incorporator of the company (Field Counsel submission).
2. Sometime prior to the date of incorporation the disputants orally agreed that Disputant James would own 51% of Stepp Medical Equipment, Inc., and
Disputant Stepp would own 49%. They further agreed that Disputant James would be president and Disputant Stepp would be vice president of the corporation. Mr. James was to provide funding for the operation of the corporation and Mr. Stepp was to be responsible for managing the business. It was further agreed that after three years Mr. James would transfer his stock interest to Mr. Stepp in exchange for 10% of the gross receipts of the corporation for the subsequent ten years. The corporation thereafter was operated under the terms of the oral agreement (Disputants’ submissions).
3. On August 1, 1990, Mr. Stepp opened P.O. Box No. 292, Warfield, KY 41267-0292 under the name “Harold Stepp – Stepp Medical Eq.” (Field Counsel submission). P.O. Box 292 thereafter became a mailing address for Stepp Medical Equipment, Inc. (Disputant Stepp submission.)[1]
4. For reasons not fully explained in the record Mr. Stepp and Mr. James had certain disagreements which resulted in Mr. Stepp resigning his position as manager of the corporation on or about April 1, 1993. However, Mr. Stepp did not relinquish any equity he had in the corporation (Disputant Stepp submission).
5. Mr. Stepp now operates an entity known as H. S. Medical Supply, Inc., at P. O. Box 292, Warfield, KY (Disputant Stepp submission).
6. On May 26, 1994, Mr. James filed a PS Form 3575 “Change of Address Order” with the Warfield, KY Post Office requesting that all mail addressed to Stepp Medical, Inc., P.O. Box 292, Warfield, KY be forwarded to
him at 3280 Greenburg Road, Campbellsville, KY 42718. Each Disputant now challenges the right of the other to all mail addressed to P. O. Box 292, Warfield, KY (Field Counsel submission).
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. Domestic Mail Manual section D042.4.1 states:
“All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization’s president or equivalent official.”
3. Inasmuch as Donald E. James is the president of Stepp Medical Equipment, Inc., all mail addressed to that entity at P.O. Box 292, Warfield, KY 41267 is to be delivered in accordance with the instructions of Mr. James (DMM D042.4.1).
4. Inasmuch as Harold Stepp is a former employee of Stepp Medical Equipment, inc., all mail addressed solely to Mr. Stepp at P.O. Box 292 or
Mr. Stepp and Stepp Medical Equipment, Inc., jointly at P.O. Box 292 is to be delivered in accordance with the instructions of Mr. James pursuant to DMM D042.4.1.
5. Inasmuch as Mr. Stepp operates H.S. Medical Supply, Inc., utilizing P.O. Box 292, Warfield, KY 41267 as his mailing address, all mail containing the name H.S. Medical Supply, Inc. addressed to P.O. Box 292 shall be delivered as addressed, as such mail is most likely intended for Mr. Stepp.
6. If either party receives mail intended for the other party he is responsible for the proper forwarding of such mail.
7. The attached mail delivery Order should be issued.
James D. Finn, Jr.
Administrative Judge