May 4, 2000 In the Matter of a Mail Dispute Between PETER ADLOWITZ and KAREN SINGER P.S. Docket No. MD 00-88 APPEARANCE FOR DISPUTANT PETER ADLOWITZ: Peter Adlowitz 72 West Washington Lane Philadelphia, PA 19144-2602 APPEARANCE FOR DISPUTANT KAREN SINGER: Karen Singer 215 Pelham Road Philadelphia, PA 19119-2624
POSTAL SERVICE DECISION
On April 12, 2000, an Initial Decision was issued in which it was concluded that all mail being held or thereafter received addressed to Architectural Ceramics, Inc., 72 West Washington Lane, Philadelphia, PA 19144-2602 is to be delivered as directed by Disputant Karen Singer. Disputant Peter Adlowitz has filed an appeal from the Initial Decision.
In the Initial Decision, the Chief Administrative Law Judge found that because Disputant Singer is responsible for paying all the business’s expenses and debts in accordance with an order issued by the Court of Common Pleas of Philadelphia, Pennsylvania, she is the most likely intended recipient of mail to Architectural Ceramics, Inc. Disputant Adlowitz contends on appeal that, as vice-president and treasurer of the corporation, he needs to be able to review the bills and other materials that are relevant to his work in order to perform his duties effectively. Disputant Adlowitz admits, however, that Disputant Singer is president of the corporation.
Under Section 614.1 of the Postal Operations Manual (POM Issue 8, July 16, 1998), mail addressed to a corporation which is in dispute "must be delivered according to the order of the organization’s president or equivalent official." Since Disputant Singer is president of the corporation, she is entitled to obtain delivery of the mail addressed to Architectural Ceramics, Inc. Accordingly, the Initial Decision will not be disturbed on appeal.
The parties are reminded that this decision determines only the right to delivery of the mail in dispute. This decision does not pertain to any other mail addressed to 72 West Washington Lane, Philadelphia, PA 19144-2602 or determine the ownership of the mail. If either party receives mail intended for the other, that party is responsible for forwarding such mail. Furthermore, should either party obtain a further court order directing delivery of mail, or if the parties are able to agree upon a third-party receiver, postal regulations provide that mail will be delivered in accordance with such order or agreement.
James A. Cohen Judicial Officer
May 4, 2000
TO THE POSTMASTER AT: PHILADELPHIA, PA 19104-9998 RE: Mail Dispute Between PETER ADLOWITZ and KAREN SINGER P. S. Docket No. MD 00-88
All mail currently being held, or hereafter received, addressed to Architectural Ceramics, Inc., 72 West Washington Lane, Philadelphia, PA 19144-2602, is to be delivered as directed by Karen Singer. All other mail addressed to 72 West Washington Lane, Philadelphia, PA 19144-2602, is to be delivered as addressed.
James A. Cohen Judicial Officer