In the Matter of a Mail Dispute 	) February 15, 1995
 Between 				)
  					)
 R. MICHAEL JOYCE			)
 					)
 	and 				)
 					)
 TREVA L. THOMPSON			) P. S. Docket No. MD 94-208


 APPEARANCE FOR R. MICHAEL JOYCE:	Christopher A. Detzel, Esq.
					P.O. Box 941030
					Maitland, FL 32794-1030


APPEARANCE FOR TREVA L. THOMPSON:	None

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 Department for resolution. The mail in dispute which is addressed to National Environmental Systems or National Environmental Systems, Inc., at 2285 Ham Brown Road, Kissimmee, FL 34746-4057 and 2600 Derby Drive, Kissimmee FL 34744-3969 is presently being held by the Kissimmee Postmaster. Disputant R. Michael Joyce submitted the sworn statement required by 39 C.F.R. §965.5, while Disputant Treva L. Thompson did not.

1. Disputant R. Michael Joyce resides at 2285 Ham Brown Road, Kissimmee, FL 32746-4057. Disputant Treva L. Thompson resides at 2600 Derby Drive, Kissimmee, FL 34744-3969 (Joyce Statement, para. 1, 3).

2. In April 1994 Disputant Joyce was preparing to engage in the business of providing septic tank and system service. Disputant Thompson offered to invest $30,000 in Mr. Joyce's business (id., para. 2, 4).

3. At Mr. Thompson's suggestion, Mr. Joyce decided to incorporate the business in Delaware as "National Environmental Systems, Inc." Mr. Thompson filed the papers necessary for incorporation utilizing an alias, "John D. Harolds." The incorporation papers identified Mr. Joyce as president, secretary and treasurer of the corporate entity, as well as its only director. The mailing address and principal office for the corporation, however, was listed as 2600 Derby Drive, the address of Mr. Thompson. All costs of incorporation were paid for by Mr. Joyce (id., para. 5, 6, 7).

4. National Environmental Systems, Inc. (NESI) was formed an May II, 1994. However, Mr. Joyce received no notification of incorporation from Mr. Thompson. On May 11, 1994, unbeknown to Mr. Joyce, Mr. Thompson by himself and without authorization held the first meeting of the Board of Directors of NESI and as the sole director Identified in the minutes of the meeting elected himself president, secretary and treasurer of the corporation. Commencing in May 1994, Mr. Joyce operated as a sole proprietorship utilizing the name "Michael Joyce d/b/a National Environmental Systems" (id., para 9, 10, 18, 19; Chief Field Counsel submission).

5. During the period May 1994 to September 1994, Mr. Thompson managed the office affairs of National Environmental Systems for Mr. Joyce. However, Mr. Thompson made no monetary investment in the business (id., para 10-16).^1/

6. The two disputants had certain business disagreements and ceased their relationship in September, 1994 (id., para 16, 17). Both disputants seek delivery of the mail in dispute.

1. Disputant Treva L. Thompson has failed to make the submission required by 39 C.F.R. §965.5 and thus is in default in this proceeding pursuant to 39 C.F.R. §965.7.

2. As the incorporator of NESI, and as the sole director and president identified in the incorporation papers, R. Michael Joyce is determined to be the president of NESI.

3. DMM DO 42.4.1. provides in pertinent part that "[alll mail addressed to a governmental or non-governmental organization ... is delivered to the organization. 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." Thus, all mail addressed to NESI is to be delivered in accordance with the instructions of R. Michael Joyce.

4. Inasmuch as R. Michael Joyce operated as a sole proprietorship utilizing the name Michael Joyce d/b/a National Environmental Systems all mail so addressed or addressed just to National Environmental Systems is to be delivered in accordance with the instructions of R. Michael Joyce.

5. This decision deals only with delivery of the disputed mail. If either disputant receives mail clearly intended for the other he must assure that it is forwarded to the other party.

6. The attached mail delivery order should be issued.

						James D. Finn, Jr.
						Administrative Judge

February 15, 1995


TO THE POSTMASTER AT:	KISSIMMEE, FL 34744-9998


		  RE:   In the Matter of a Mail Dispute Between
			R. MICHAEL JOYCE
				and
			TREVA L. THOMPSON
  			(P. S. Docket No. MD 94-208)
 

All mail addressed to National Environmental Systems Inc., or Michael Joyce d/b/a National Environmental Systems, or National Environmental Systems, 2285 Ham Brown Road, Kissimmee, FL 34746-4057, currently being hold or hereafter received, is to be delivered as addressed.

					James A. Cohen
					Judicial Officer