In the Matter of the Petition by ) July 15, 1996 ) PAUL M. GOLDBERG ) P.O. Box 109766 ) Fort Lauderdale, FL 33310-9766 ) ) Termination of Post Office Box ) Service for P.O. Box 109766 ) Fort Lauderdale, FL 33310-9766 ) P.S. Docket No. POB 96-145
APPEARANCE FOR PETITIONER: C. Craig Stella, Esq. The 110 Tower - Suite 1710 110 SE Sixth Street Fort Lauderdale, FL 33301-5001
APPEARANCE FOR RESPONDENT: Rodney Gould, Esq. Consumer Protection Law United States Postal Service 475 L'Enfant Plaza, SW Washington, DC 20260-1147
This proceeding arises out of a Petition filed by Mr. Goldberg on April 9, 1996, appealing the Postmaster's Determination of April 3, 1996 to terminate service for P.O. Box 109776 in Fort Lauderdale, Florida. The postmaster's letter stated that service was being terminated, pursuant to provisions of the Domestic Mail Manual, because Petitioner had put false information on his application for a post office box, i.e., that he used a false name, and falsely stated that the box would not be used for soliciting business.
The appeal was forwarded through appropriate channels, and was docketed here on May 1, 1996. On May 21, 1996, Petitioner moved for Summary Judgment, arguing that Respondent had failed to file its Answer on time. By Order dated May 30, 1996, Respondent's late Answer was accepted, and Petitioner was given until June 17, 1996 to state reasons why he believed an oral hearing was necessary. Petitioner replied on June 14, 1996. By Order dated June 18, 1996, I concluded that this case could be decided on a written record, and both parties were given until July 8, 1996 to submit affidavits or other additional documents, along with written arguments. Petitioner was advised to submit, at a minimum, his own sworn statement, and Respondent was advised to submit Petitioner's original application for post office box service. Respondent made a final submission, but Petitioner filed nothing further. The following Findings of Fact and Conclusions of Law are based on the entire record.
FINDINGS OF FACT
1. On May 24, 1993, Petitioner completed PS Form 1093, application for a post office box. The name of the Box Holder and the name of the Applicant were later obliterated and the Box Holder name is not legible, but the name of the Applicant was "Paul Golds." The street address given was 1901 NW 56th Street, Fort Lauderdale, Florida 33309. At the bottom of the form, following the words, "Box To Be Used For Soliciting Or Doing Business With The Public," the small box "No" was checked. The application was accepted, and Petitioner was assigned post office box number 109766.
2. On February 14, 1994, Petitioner appeared at the Fort Lauderdale Post Office to update the information on Form 1093. He scratched out the Box Holder name and wrote in "Unique Products." He scratched out the Applicant name ("Paul Golds") and wrote in "John Stevens."
3. With a cover letter dated March 20, 1996, the Fort Lauderdale Postmaster received from the Florida Highway Patrol copies of two Florida drivers' licenses issued to Petitioner. The first was issued to Paul M. Goldberg, 2861 Somerset Dr. #201, Fort Lauderdale, on April 16, 1993. The second was issued to Paul Michael Golds, 2121 W. Oakland PK Blvd. #269, Fort Lauderdale, on April 21, 1995. The photographs on the two licenses appear to be of the same person, and the signatures of the licensee appear to be the same. The Highway Patrol letter states that Mr. Goldberg "created" the Golds identity, and "fraudulently obtained a license in the name of Golds."
4. One of the documents submitted by Petitioner's attorney purports to be a name change Order from Superior Court of Arizona, Maricopa County, changing the name Paul Michael Goldberg to Paul Michael Gold. This Order is dated June 3, 1994, but the copy submitted contains no signature, or any other indicia of authenticity. It lists Mr. Goldberg/Gold's address as 3031 N. Civic Center Plaza, Apt. 321, Scottsdale, Arizona 85251.
CONCLUSIONS OF LAW
1. With regard to post office box service, the Domestic Mail Manual (DMM) §D910.2.2 states: "Putting false information on the application or refusing to give required information may be sufficient reason for denying the application or discontinuing service." Further, §910.7.2a. states: "A postmaster may terminate post office box service if the box customer falsifies the application for the box, physically abuses the box, or violates any regulation or condition on the care or use of the box."
2. The evidence of record establishes that Petitioner did put a false name - Paul Golds - on his May 24, 1993 application. Even if the Arizona name change is legitimate, it did not happen until a year later - June 1994. Also, the name change was to "Gold," not "Golds." Further, when Petitioner updated the box application in February 1994, he used the name "John Stevens." Petitioner has submitted nothing to establish who John Stevens is, or that he is entitled to use that name.
3. The Postmaster's Determination to close
Petitioner's post office box based on violation of DMM §D910.2.2
is sustained. The Petition is dismissed.
Bruce R. Houston
Acting Chief Administrative Law Judge