In the Matter of a Mail Dispute ) December 8, 1994 Between ) ) PHYLLIS SCHAFFER ) ) and ) ) LARRY ANDERSON ) FRANCES K. MARTIN ) P.S. Docket No. MD 94-209 APPEARANCE FOR PHYLLIS SCHAFFER: Phyllis Schaffer 923 Altadena Drive Fort Myers, FL 33919-2601 APPEARANCE FOR LARRY ANDERSON FRANCES K. MARTIN: None
This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c, 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 Anton Schaffer, DDS, 12711 McGregor Blvd., Fort Myers, FL 33919-4412, is now being held by the Fort Myers Postmaster. Disputant Phyllis Schaffer has submitted a sworn statement with attached documents in support of her claim, as required by 39 C.F.R. §965.5. Disputants Anderson and Martin have not. The following Findings of Fact and Conclusions of Law are based on the documents submitted by Mrs. Schaffer and the documents forwarded, meager as they are, from the field counsel.
1. Anton Schaffer was a dentist whose business address was 12711 McGregor Blvd., Fort Myers, Florida, an office he apparently shared with Dr. Larry Anderson. Dr. Schaffer died on July 19, 1994.
2. On August 3, 1994, Dr. Schaffer's widow, Phyllis Schaffer, signed a Bill of Sale which conveyed "the property described on the attached Exhibit A" to Dr. Anderson. Exhibit A is a long list consisting of office furniture, supplies, and equipment. Mrs. Schaffer signed this document as "Seller," and Dr. Anderson signed as "Buyer."
3. The Bill of Sale makes no mention of "accounts receivable," checks from patients, or anything else that might be mailed to Dr. Schaffer at the McGregor Blvd. address.
4. There is nothing in the case file from Dr. Anderson. The only communication from the Anderson/Martin side of this dispute is an October 26, 1994 letter from Dr. Martin to the Fort Myers Post Office. It appears that Dr. Martin was a contract employee of Dr. Schaffer, and perhaps of Dr. Anderson. She also says that Dr. Anderson has since sold the property to Dr. Bocanegra. In her letter, Dr. Martin makes several accusations of larceny and fraud against Mrs. Schaffer. As these are not supported by anything outside the letter, they will not be considered in resolving this mail dispute.
5. The Domestic Mail Manual (DMM) contains the following provisions:
153.24 Mail Addressed to Deceased Persons
153.241 Delivery. Mail addressed to a deceased person should be
delivered as addressed. The mail may be received at the address of the
deceased by anyone who would normally receive the addressee's mail
at that address. If, after 10 days, there is evidence that the mail is not being picked up, it should be treated as undeliverable.
153.242 Mail That Can Be Forwarded. Mail described in 153.241
may be forwarded to a different address, including that of an appointed
executor or administrator, if an order of request is filed at the post office.
1. Drs. Anderson and Martin did not file the submittal required by 39 C.F.R. §965.5 and therefore are in default. Under the Rules of Practice, this is sufficient basis for a decision directing that mail be delivered to the other party. 39 C.F.R. §965.7.
2. Nothing in the Bill of Sale has any bearing on delivery of mail. This conclusion is based solely on the Bill of Sale and its attached Exhibit A. The assertions of Dr. Martin and Mrs. Schaffer about what other people may have told them have not been considered.
3. As Drs. Anderson and Martin are in default, and as the two DMM provisions quoted above do not resolve disputed delivery requests, it is concluded that the disputed mail should be delivered to Phyllis Schaffer.
4. This decision deals only with delivery of the disputed mail. It does not resolve any underlying dispute over who may be entitled to the proceeds of checks, or over ownership of anything else that may be contained in the mail.
5. Should either party obtain a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such order. Domestic Mail Manual §D042.6.3.
6. The attached delivery order should be issued.
Bruce R. Houston Administrative Law Judge