In the Matter of a Mail Dispute ) October 14, 1997 Between ) ) JERRY AND ADELE CASTLE ) ) and ) ) CLEOTIS AND AMPARO WHITE ) P.S. Docket No. MD 97-311 APPEARANCE FOR DISPUTANTS None JERRY AND ADELE CASTLE: APPEARANCE FOR DISPUTANTS Cleotis White CLEOTIS AND AMPARO WHITE: 1804 E. 142nd East Chicago, IN 46312-3010
This mail dispute has been docketed pursuant to Postal Operations Manual (POM7, August 1, 1996) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. In this case, the file was forwarded directly from the Customer Service Supervisor at the East Chicago Post Office, although the forwarding letter refers to a conversation with someone in the Law Department, Chicago office. The mail in dispute, which is addressed to Any and All Names at 4520 Indianapolis Blvd., East Chicago, IN 46312-3227, is currently being held by the postmaster at East Chicago, Indiana.
Neither party submitted a sworn statement in support of their claim, as required by 39 C.F.R. §965.5. Mr. White did submit a letter, and other supporting documents. The Castles have not submitted anything in this case, even to the East Chicago Post Office. The following findings of fact are based on the materials submitted by Mr. White, and the information in the Customer Service Supervisor's forwarding letter.
1. On May 20, 1996, a contract for sale of a business was entered into between Astro Travel Service, Inc. ("Seller") and Cleotis and Amparo White ("Buyers"). The contract described what was bought and sold as:
The business known as ASTRO TRAVEL SERVICE, INC. located at 4520 Indianapolis Boulevard, East Chicago, Indiana, together with all equipment and inventory located therein and good will . . ..
2. The contract was signed by Adele F. Castle as "Sec-Treas" of Astro Travel Service, Inc., and by Cleotis White and Amparo White.
3. Thereafter, mail addressed to 4520 Indianapolis Boulevard that was also addressed to the Castles by name was forwarded to a post office box, per their change of address order. All other mail addressed to 4520 Indianapolis Boulevard was delivered as addressed, and apparently received by Mr. White.
4. According to the forwarding letter from the Customer Services Supervisor, this mail dispute was generated on August 25, 1997, by a telephone call from Ms. Castle, who complained that Mr. White had received a letter intended for her.
The Castles have never submitted anything making a claim to the disputed mail, other than Ms. Castle's telephone call about the one letter. Under the Rules of Practice, 39 C.F.R. §965.7, their failure to file the submittal required by §965.5 is grounds for holding them in default and rendering a decision in favor of the other party. In addition, however, it is clear that the Whites are the owners of the business located at 4520 Indianapolis Boulevard and are entitled to receive mail sent to that address, except for mail intended for the Castles personally. The mail should be delivered as it was prior to August 25, 1997. Mail addressed to the Castles by name, with no business name, may be forwarded in accordance with their instructions. All other mail addressed to 4520 Indianapolis Boulevard, including all mail that contains a business name, should be delivered to the Whites. If either party receives mail that is intended for the other, it is their responsibility to forward such mail promptly.(1)
The attached delivery order should be issued.
Bruce R. Houston Chief Administrative Law Judge