Appeal of EVELYN PENDER and GLENN DUNN - P.S. Docket No. MD 97-166

Administrative Law Judges

In the Matter of a Mail Dispute		) July 3, 1997
Between					)
					)
EVELYN PENDER				)
					)
	and				)
					)
GLENN DUNN				) P.S. Docket No. MD 97-166

APPEARANCE FOR  EVELYN PENDER:		Rebecca Pierrotti, Esq.
					P.O. Box 426
					Kinder, LA 70648-0426

APPEARANCE FOR GLENN DUNN:		James E. Diaz, Jr., Esq.
					FNB Towers
					Suite 406, Box 83
					Lafayette, LA 70501-6935

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual, Issue 7, August 1, 1996, Section 616.21 which requires Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Woodrow Dunn, P.O. Box 507, Oakdale, LA 71463-0507. The mail is currently being held by the Oakdale Postmaster.

Disputant Dunn submitted an unsworn statement⁽¹⁾ in response to the Notice of Docketing. Disputant Pender made no submission. The following findings of fact are based on the material submitted by Mr. Dunn and material forwarded by the United States Postal Service Law Department, Memphis Office.

FINDINGS OF FACT

1. Woodrow Dunn, addressee of the mail that is in dispute, died in March 1997. (Submittal of Glenn Dunn).

2. The "Last Will and Testament of Woodrow Dunn," executed and witnessed on February 1, 1996, appointed Glenn Dunn as executor of Woodrow Dunn's estate. The will also stated that, if possible under Louisiana law, Evelyn Pender was not to inherit anything.

3. There may presently be an ongoing action in the 33rd Judicial District Court, Allen Parish, Louisiana related to the disposition of property owned by Woodrow Dunn at the time of his death.⁽²⁾

DECISION

Disputant Evelyn Pender failed to file a sworn statement (or any statement) as required by 39 C.F.R. §965.5 and the Notice of Docketing. Accordingly, she may be held in default under 39 C.F.R. §965.7. Although Disputant Dunn's statement was not sworn, he did respond to the Notice of Docketing and I have considered some of the material submitted by him.

The record in this matter indicates that Woodrow Dunn's children and other family members are involved in a dispute over matters related to his property and responsibility for paying some of his bills. The letter of referral from the Postal Service legal office indicates that there appear to be two wills in dispute before the Louisiana probate court. However, none of the documents submitted by the legal office or the parties reflects the existence of such a dispute and only one will appears in the record of this matter. That will appoints Disputant Dunn the executor of the estate and its authenticity has not been challenged by Disputant Pender. Based on that evidence, I conclude that it is appropriate that mail addressed to Woodrow Dunn be delivered as directed by Glenn Dunn. See Domestic Mail Manual, paragraph D042.2.4.

This decision involves only delivery of the mail. It does not purport to address ownership of the mail or to decide any other disputes between the parties. Further, if a court directs delivery of the mail in a different manner, that direction is to be followed.

The attached delivery order should be issued.

						David I. Brochstein
						Administrative Judge

1. In the absence of language stating that it is a sworn statement, the fact that Mr. Dunn's letter contains a notary's seal does not make it the sworn statement required by the Rules of Practice. However, the fact that the statement is unsworn does not require that I disregard it in reaching a decision in this matter.

2. The record contains copies of two documents, signed by counsel, indicating that one or more actions may have been filed in that court. However, neither document contains a docket number, clerk's stamp, or any other evidence that they have actually been filed with the court.