Appeal of P. S. Docket No. MD-94-245 - CARLENE B. RUPERTUS and HENRY J. STURSBERG C.C.J. ENVIRONMENTAL SERVICES, INC.

In the Matter of a Mail Dispute		) January 9, 1995
					)
CARLENE B. RUPERTUS    			)	
					)
 and      				)
       					)
HENRY J. STURSBERG    			) 
C.C.J. ENVIRONMENTAL SERVICES, INC. 	) P. S. Docket No. MD-94-245

APPEARANCE FOR CARLENE B. RUPERTUS: 	Carlene B. Rupertus
				        P.O. Box 212
				        Chester Heights, PA 19017

APPEARANCE FOR HENRY J. STURSBERG
C.C.J. ENVIRONMENTAL SERVICES, INC:  	None

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Potty Queen, P.O. Box 212, Chester Heights, PA 19017-0212, is now being held by the Chester Heights Postmaster. Disputant Carlene B. Rupertus has submitted a sworn statement in support of her claim, as required by 39 C.F.R. §965.5. Disputant Henry J. Stursberg has not. The following Findings of Fact and Conclusions of Law are based on the documents submitted by Ms. Rupertus, and the documents forwarded by the field counsel, which include those originally submitted by Mr. Stursberg.

FINDINGS OF FACT

1. On September 1, 1993, C.B.R. Enterprises, Inc. ("Rupertus") and C.C.J. Environmental Services ("Stursberg") entered into a sales agreement, whereby Rupertus sold to Stursberg a portable toilet servicing business known as "Potty Queen."

2. Under the terms of the Agreement, and the accompanying Bill of Sale, all the "assets, rights, properties, and business of Seller, of every nature and description whatsoever," were conveyed to the buyer, including the following specific provision:

D. All good will of the Seller including the exclusive use of the names "Potty Queen" and "C.B.R. Enterprises" or any similar names.

3. Neither the Agreement of Sale, nor the Bill of Sale, contain any provision regarding delivery of mail or make any reference to P.O. Box 212.

4. It is unclear when this dispute arose, but Mr. Stursberg wrote to the Chester Heights Postmaster on October 11, 1994, asking that "all Potty Queen mail" be forwarded to 30 South Valley Road, Suite 308, Paoli, PA 19301. That is the business address of C.C.J. Environmental Services.

CONCLUSIONS OF LAW

1. Although the Rules of Practice, 39 C.F.R. §965.7, permit finding a party in default if he, or she, fails to submit sworn documents as required by the Rules, and to direct that mail be delivered to the other party, that action is not appropriate in this case.

2. The purpose of mail delivery rules is to cause mail to reach the destination intended by the sender. Based on the terms of the Agreement of Sale, and the passage of time since that agreement, mail currently addressed to Potty Queen is most likely intended for C.C.J. Environmental Services.

3. It is concluded, therefore, that mail addressed to Potty Queen, P.O. Box 212, Chester Heights, PA 19017 should be delivered as directed by Henry J. Stursberg.

4. This decision deals only with mail addressed to "Potty Queen." It has no effect on the ownership of P.O. Box 212, or on the delivery of any other mail addressed to that P.O. Box. Also, if Mr. Stursberg receives mail intended for Ms. Rupertus personally, he is responsible for promptly forwarding it to Ms. Rupertus.

5. Should either party obtain a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such order. Domestic Mail Manual §DO42.6.3.

6. The attached delivery order should be issued.

Bruce R. Houston Administrative Law Judge