United States Postal Service(TM) 

June 29, 2000

In the Matter of a Mail Dispute Between					
					
ELVIRA G. NIEMANN			
					
	and				
					
LORNE R. NIEMANN			   

P.S. Docket No.  MD 00-178


APPEARANCE FOR DISPUTANT		George E. Sangmeister, Esq.
  ELVIRA G. NIEMANN:			McKeown, Fitzgerald , Zollner, Buck,
					Hutchison & Ruttle
					28 Kansas Street
					Frankfort, IL  60423-1477

APPEARANCE FOR DISPUTANT		Lorne R. Niemann
  LORNE R. NIEMANN:			27455 W. Chestnut Lane
					Beecher, IL  60401-5092

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, January 16, 1998) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Elvira G. Niemann, 10941 W. LaPorte Road, Mokena, IL 60448-1638. The mail is currently being held by the Frankfort, IL Postmaster.

Neither disputant has filed a sworn statement, in support of his/her position, as required by 39 C.F.R. §965.5, but the officer-in-charge (OIC) of the Frankfort Post Office has forwarded additional documents submitted by Ms. Elvira Niemann’s attorney since this mail dispute ensued. The following findings of fact are based on the documents forwarded by the United States Postal Service Law Department in Chicago, IL, as well as the additional documentation submitted by the Frankfort OIC.

FINDINGS OF FACT

1. On February 26, 1999, disputant Elvira G. Niemann created a revocable trust, appointing her son, Lorne R. Niemann as trustee and herself as beneficiary of the trust.

2. On March 20, 2000, disputant Lorne R. Niemann submitted a Change of Address for mail addressed to his mother, Elvira G. Niemann, at 10941 W. LaPorte Road, Mokena, IL 60448-1638. Ms. Niemann disputed the Change of Address request, and this mail dispute ensued.

3. On June 8, 2000, Ms. Niemann revoked the Power of Attorney she granted her son on February 26, 1999.

DECISION

Since disputant Lorne Niemann is the party in this mail dispute seeking to redirect delivery of mail addressed to his mother, he has the burden of establishing that he has the requisite authority or permission to do so. However, Mr. Niemann did not submit any evidence in this dispute and nothing in the record furnished by the Postal Service justifies directing that mail addressed to Ms. Niemann should be delivered to anyone other than Ms. Niemann.(1)

This decision deals only with delivery of the mail and does not attempt to resolve any other dispute between the parties. The attached delivery order should be issued.




					William K. Mahn
					Administrative Judge
1 The incomplete copies of trust documents submitted to the Frankfort Post Office by disputant Lorne Niemann do not support his position since they do not address who controls the mail of Ms. Niemann.

 

 

PROPOSED ORDER

 
TO THE POSTMASTER AT:	FRANKFORT, IL  60423-9998

		  RE:	Mail Dispute Between

			ELVIRA G. NIEMANN
				and
			LORNE R. NIEMANN

			P.S. Docket No. MD 00-178

 

All mail currently being held, or hereafter received, addressed to;

		Elvira G. Niemann
		10941 W. Laporte Road
		Mokena, IL  60448-1638

shall be delivered as directed by Elvira G. Niemann.

 

					James A. Cohen
					Judicial Officer

 

 

 

 

 

 

 

 

PROPOSED ORDER – NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER