In the Matter of a Mail Dispute		) June 14, 1995
Between:				)
					)
DOROTHY PATTERSON McCRACKEN		)
					)
	and				)
					)
JOHN D. McCRACKEN			) P.S. Docket No. MD 95-116

APPEARANCE FOR
DOROTHY PATTERSON McCRACKEN:		Dorothy Patterson McCracken
					10043 Samoa Avenue
					Tujunga, CA 91042-2308

APPEARANCE FOR
JOHN D. McCRACKEN:			John D. McCracken
					3320 Poppypatch Dr.
					Modesto, CA 95354-3329

INITIAL DECISION

The United States Postal Service Law Department has referred this mail dispute to this office for resolution. The mail in dispute is that addressed to True Promise Productions at P.O. Box 1334, Empire, CA 95319-1334. Neither party submitted the sworn statement required by 39 C.F.R. §965.5, but both have submitted unsworn statements. The following findings of fact and conclusions of law are based on the submittals of the parties and the documents forwarded by the Law Department.

FINDINGS OF FACT

1. True Promise Productions is a business begun by the Disputants in 1994, while they were married. Post Office Box 1334, the address in dispute, was rented by Dorothy McCracken in the Fall of 1994, apparently in the name of the business⁽¹⁾ and with herself as a party authorized to have access. The parties separated on or about March 3, 1995, and shortly thereafter John McCracken re-rented P.O. Box 1334, again in the name of True Promise Productions.⁽²⁾ Based on Part II of the box rental application, access was authorized only to True Promise Productions, which is the box customer, and to John McCracken.

2. On March 20, 1995, Dorothy McCracken was issued a Business License by the City of Modesto for True Promise Productions. On that date she also filed a Fictitious Business Name Statement with the Stanislaus County Clerk, the county in which Modesto is located. Public Notice of the fictitious name usage has been made by Dorothy McCracken by publication in a newspaper of general circulation in Stanislaus County.

DECISION

While they were married, the parties began a business under the name True Promise Productions. In the Fall of 1994, P.O. Box 1334, the address in dispute, was rented on behalf of the business by Dorothy McCracken. When John McCracken re-rented the same box in March 1995 after the parties separated, he also rented it in the name of the business (although he listed himself as the only other person authorized access to the box).

Although the parties to this dispute both contend that they have the right to certain business inventory and supplies and are involved in litigation over that question, Dorothy McCracken has taken specific steps to carry on the business in the interim. Those steps include the filing and publication of a fictitious name statement, and the securing of a license to operate the business. In the absence of direction to the contrary by a court, I conclude that because she was a founder of the business and is taking steps to continue the business (which is the box customer), Dorothy McCracken is entitled to delivery of mail addressed to True Promise Productions at the disputed address.

This decision addresses only the right to delivery of the mail. It does not address the question of ownership of the mail. Should Dorothy McCracken receive mail intended for John McCracken, she is to have it forwarded promptly. Further, should a court rule in a manner contrary to this decision, the court's ruling is to be followed.

The attached delivery order should be issued.

						David I. Brochstein
						Administrative Judge

2. The circumstances under which John McCracken "re-rented" the box are not disclosed in the record, but Dorothy McCracken did not consent to this action.

Text of delivery order: "Mail addressed to True Promise Productions, P.O. Box 1334, Empire, CA 95319-1334, now being held or hereafter received, is to be delivered as directed by Dorothy Patterson McCracken."