August 22, 2001 In the Matter of a Mail Dispute Between MORELAND INVESTMENTS II, LLC MR. CHARLES SLATER and KSHAMA CORPORATION NARENDRA R. PATEL and PHILLIP A. MENDEL P.S. Docket No. MD 01-243 APPEARANCE FOR DISPUTANT Timothy J. Andringa, Esq. MORELAND INVESTMENTS II, LLCCramer, Multhauf & Hammes, LLP MR. CHARLES SLATER: 1601 E. Racine Avenue, Suite 200 P.O. Box 558 Waukesha, WI 53187-0558 APPEARANCE FOR DISPUTANT Narendra R. Patel KSHAMA CORPORATIONKshama Corporation NARENDRA R. PATEL: 2418 Springdale Road, #111 Waukesha, WI 53186-8706 APPEARANCE FOR DISPUTANT Phillip A. Mendel PHILLIP A. MENDEL: 480 Central Avenue Northfield, IL 60093-3016
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through November 30, 2000)) 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 2202 E. Moreland Blvd., Waukesha, WI 53186-2972. The Waukesha Postmaster is currently holding the mail.
Mr. Slater filed a sworn statement, as required by 39 C.F.R. §965.5, along with supporting documents. Neither of the other two parties filed anything. The following findings of fact are based on the material submitted by Mr. Slater and the material forwarded by the United States Postal Service Law Department, St. Louis Office.
FINDINGS OF FACT
1. Narendra and Sushila Patel are the owners of Kshama Corporation. For some time prior to February 2001, Kshama Corporation operated a donut shop at 2202 E. Moreland Blvd., Waukesha, WI 53186-2972. Sometime in or before February 2001, Kshama Corporation filed for bankruptcy. (Slater statement and attachments).
2. On December 11, 2000, the Waukesha County Sheriff issued a Notice of Sheriff's Sale of the real estate and personal property located at 2202 E. Moreland Blvd., Waukesha, WI 53186-2972. Charles Slater purchased the real estate on March 12, 2001 and the personal property on April 4, 2001, on behalf of Moreland Investments II, LLC. (Slater statement and attachments).
3. Since June 2001, Sharon Slater, wife of Charles Slater, has been operating a donut shop at 2202 E. Moreland Blvd., Waukesha, WI 53186-2972 under the name Donuts Plus, Inc., for Moreland Investments II, LLC. (Slater statement).
4. Phillip Mendel was an employee of Kshama Corporation at the donut shop prior to the foreclosure sale. (Slater statement).
DECISION
As neither Kshama Corporation nor Phillip Mendel filed the submittal required by 39 C.F.R. §965.5, they are both in default. 39 C.F.R. §965.7. That alone is sufficient ground for a ruling in favor of Mr. Slater and Moreland Investments II, LLC. In addition, the supporting documents filed by Mr. Slater make it clear that Moreland Investments II, LLC is the owner of the property at 2202 E. Moreland Blvd., Waukesha, WI 53186-2972 and is currently operating a business there. Accordingly, Mr. Slater and Moreland Investments II, LLC are entitled to the mail addressed to 2202 E. Moreland Blvd., Waukesha, WI 53186-2972.
This decision deals only with delivery of the mail. It is not intended to resolve any other disputes that may exist between the parties. Mr. Slater and Moreland Investments II, LLC are responsible for forwarding any mail received at the disputed address that is intended for Kshama Corporation or Phillip Mendel.
The Judicial Officer should issue an order to the Waukesha Postmaster directing that the disputed mail be delivered as directed by Charles Slater.
Bruce R. Houston Chief Administrative Law Judge