September 20, 2001 In the Matter of a Mail Dispute Between LEN PINER, JR. and FRED SCHUSTER P.S. Docket No. MD 01-277 APPEARANCE FOR DISPUTANT LEN PINER, JR: Len Piner, Jr. 301 Whispering Oaks Court Chesnee, SC 29323-7913 APPEARANCE FOR DISPUTANT FRED SCHUSTER: Fred Schuster 606 Old Island Ford Road Chesnee, SC 29323-9210
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 American Eagle Enterprizes, P.O. Box 618, Mayo, SC 29368-0618. The Mayo Postmaster is currently holding the mail.
Neither party submitted a sworn statement, as required by 39 C.F.R. §965.5, or anything at all in support of their claims to the mail. The case file consists only of the forwarding letter from the United States Postal Service Law Department, Mid-Atlantic Office, a memo from the Mayo Postmaster to the Law Department, Mr. Piner's application for a post office box, and Mr. Schuster's change-of-address form.
FINDINGS OF FACT
1. On January 26, 1998, Mr. Piner signed and submitted a PS Form 1093, Application for Post Office Box, on behalf of what appears to be "Chesnee Lenor Enterprizes." At some time the words "Chesnee Lenor" were crossed out and the words "American Eagle" were written in. On the reverse of the form there is a notation that the form was updated on May 16, 2001. Also on the reverse of the form, the names Fred Schuster, Norma Finger and American Eagle are written in as authorized users, but lines are drawn through each of those names. (PS Form 1093).
2. Sometime in May 2001, Mr. Piner told the postmaster that Fred Schuster and American Eagle Enterprizes would be receiving mail at Box 618. (Postmaster memo).
3. On July 18, 2001, Mr. Schuster turned in his key to the box and submitted a change-of-address notice (PS Form 3575), directing that mail addressed to American Eagle Enterprizes be forwarded to 696 Old Island Ford Road, Chesnee, SC 29323. (Postmaster memo).
4. On July 27, 2001, Mr. Piner told the postmaster that the mail should not be forwarded, and this mail dispute arose.
5. POM §841.753 provides that change-of-address orders for a post office box may be filed only by "the box customer or authorized representatives of the organization listed on the Form 1093."1
6. The Domestic Mail Manual (DMM) §D910.1.2 defines "box customer" as "the person who signs the application as an individual or the organization on whose behalf an individual signs the application."
DECISION
It is clear that Mr. Schuster is not the "box customer" for P.O. Box 618 and, as he has submitted nothing to support his claim, there is not sufficient information available to determine that he is an authorized representative of American Eagle Enterprizes. Under the rule stated in POM §841.753, therefore, mail addressed to P.O. Box 618 should not be forwarded, but should be delivered as addressed. Reed A. Miller, Miller & Associates Consulting Engineers, P.C. and Charles E. Wright, P. S. Docket No. MD 97-475 (I.D. February 4, 1998).
This decision deals only with delivery of the mail. It does not determine ownership of the contents of the mail, nor does it attempt to resolve any other disputes between the parties.
The Judicial Officer should issue an order to the Mayo Postmaster that the disputed mail should be delivered as addressed.
Bruce R. Houston Chief Administrative Law Judge