August 17, 2000 In the Matter of a Mail Dispute Between LEONARD R. SMITH, JR. and MARC A. WASHINGTON P.S. Docket No. MD 00-247 APPEARANCE FOR DISPUTANT Stephen J. Kleeman, Esq. LEONARD R. SMITH, JR.: The B&O Building, Suite 320 2 North Charles Street Baltimore, MD 21201-3725 APPEARANCE FOR DISPUTANT Marc A. Washington MARC A. WASHINGTON: P.O. Box 9803 Baltimore, MD 21284-9803
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 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 C.R.U. & Associates, Inc., C.R.U. & Associates of Maryland, Inc., or Marc A. Washington, 1045 Taylor Avenue, Suite 207, Baltimore, MD 21286-8316. The Baltimore Postmaster is currently holding the mail.
Only Jacques Smith (on behalf of Leonard Smith) submitted a sworn statement in support of his position, as required by 39 C.F.R. §965.5. The following findings of fact are based on the submissions of Leonard and Jacques Smith, and the documents from the Postal Service that were included in the file referred to the Judicial Officer.
FINDINGS OF FACT
1. C.R.U. & Associates, Inc., is a Texas corporation ("Texas Corporation"), that does business in Maryland through C.R.U. & Associates of Maryland, Inc. ("Maryland Corporation"), at 1045 Taylor Avenue, Suite 207, Baltimore, MD 21286-8316. Leonard R. Smith, Jr. is the C.E.O. and sole shareholder of the Texas Corporation and Jacques Smith is the president of the Maryland Corporation. (Sworn statement of Jacques Smith).
2. At a special meeting of the Maryland Corporation, held on February 29, 2000, Marc A. Washington was terminated as an officer of the corporation (Exhibit 11 to sworn statement of Jacques Smith).
3. On June 8, 2000, Marc A. Washington submitted a change of address request seeking to have the mail addressed to Marc A. Washington, at 1045 Taylor Ave., Suite 207, Baltimore, MD 21286-8316, forwarded to P.O. Box 9803, Baltimore, MD 21286-9803.1 In support of this change of address request, Mr. Washington presented a power of attorney from Ophelia Edmonds, a stockholder in the Maryland Corporation, which purported to authorize Mr. Washington to act in her behalf. The affidavit attesting the witnesses to the power of attorney was notarized and signed by "William Green, Notary Public" on December 6, 1999. (Postal Service submission).
4. By letter dated June 19, 2000, William E. Greene III notified the Postal Service that the notary signature accompanying Marc A. Washington’s address change request was a forgery of his signature and that, at no time was Mr. Washington granted authority to sign his name (Exhibit 6 to sworn statement of Jacques Smith).
DECISION
Marc A. Washington did not file a sworn statement, as required by 39 C.F.R. §965.5, and is, therefore, technically in default under 39 C.F.R. §965.7. Nevertheless, all the evidence filed in this dispute has been considered in reaching a decision.
Jacques and Leonard R. Smith, Jr. argue that Mr. Washington was never an officer of the Texas Corporation and had been removed as an officer of the Maryland Corporation in February of this year. As such, they argue that Mr. Washington had no authority to receive mail addressed to either corporation at the Taylor Avenue address. Jacques and Leonard R. Smith further argue that the notarization of the power of attorney purporting to authorize Mr. Washington to receive the corporation’s mail was a forgery and the change of address request should not be honored by the Postal Service.
It is not necessary to decide whether the notarization was a forgery. Resolution of this dispute is governed by Section D042.1 of the Domestic Mail Manual which reads as follows:
All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization’s president or equivalent official.
Accordingly, the disputed mail should be delivered as directed either by Mr. Leonard R. Smith, Jr. who is C.E.O of the Texas Corporation, or Mr. Jacques Smith, the president of the Maryland Corporation (Finding of Fact No. 1).
This decision deals only with delivery of the mail in dispute. It does not determine ownership of the contents of the mail and does not purport to decide any other dispute between the parties.
The attached delivery order should be issued.
William K. Mahn Administrative Judge
PROPOSED ORDER – NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER
TO THE POSTMASTER AT: BALTIMORE, MD 21286-9998 RE: Mail Dispute Between LEONARD R. SMITH, JR. and MARC A. WASHINGTON P. S. Docket No. MD 00-247
All mail currently being held, or hereafter received, addressed to:
C.R.U. & Associates, Inc., C.R.U. & Associates of Maryland, Inc., or Marc A Washington 1045 Taylor Ave., Suite 207 Baltimore, MD 21286-8316
shall be delivered as directed by Leonard R. Smith, Jr. or Jacques Smith.
Judicial Officer
PROPOSED ORDER – NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER