November 2, 2001 In the Matter of a Mail Dispute Between SALEEM SHAKUR and JAMILAH AND DIANE SEWARD P.S. Docket No. MD 01-309 APPEARANCE FOR DISPUTANT SALEEM SHAKUR: Saleem Shakur 5304 Cedar Avenue Philadelphia, PA 19143-1918 APPEARANCE FOR DISPUTANT JAMILAH & DIANE SEWARD: Edward Reif, Esq. 1760 Market Street, Suite 1100 Philadelphia, PA 19103-4104
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with revisions through June 28, 2001)), Section 616.21, which requires the chief field counsel to forward certain mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Cedar Avenue Physical Therapy, Inc. and/or Spruce Street Physical Therapy Center, Inc., 6100 Spruce Street, Philadelphia, PA 19139-3740 and 5304 Cedar Avenue, Philadelphia, PA 19143-1918. The Philadelphia Postmaster is holding the mail.
Disputant Saleem Shakur and his wife Cherie Shakur submitted sworn statements, as well as accompanying documents, in support of their position. Disputant Diane Seward submitted certain documents in support of her position, but did not submit a sworn statement, as is specified in 39 C.F.R. §965.5. The following findings of fact are based on the submissions by the parties as well as the information and documents from the Postal Service that were included in the file referred to the Judicial Officer.
FINDINGS OF FACT
1. Saleem Shakur is the sole owner of Cedar Avenue Physical Therapy, Inc., located at 5304 Cedar Avenue, Philadelphia, PA 19143 (Affidavit of Saleem Shakur).
2. Cherie Shakur is the sole owner of Spruce Street Physical Therapy, Inc., located at 6100 Spruce Street, Philadelphia, PA 19139 (Affidavit of Cherie Shakur).
3. Disputant Patricia Diane Seward had an informal business relationship (i.e., no signed agreement) with Cherie Shakur, and worked at the Spruce Street Physical Therapy Center (Submittal of Diane Seward; Postal Service submittal).
4. On September 9, 2001, Diane Seward submitted a change of address request seeking to forward mail addressed to Cedar Avenue Physical Therapy, 5304 Cedar Avenue, Philadelphia, PA 19143-1918 to 5631 Hadfield Street, Philadelphia, PA 19143-4603, and this mail dispute ensued (Postal Service submittal).
DECISION
Ms. Diane Seward did not file a sworn statement, as required by 39 C.F.R. §965.5, and is, therefore, in technical default under 39 C.F.R. §965.7. Nevertheless, all the evidence filed in this dispute has been considered in reaching a decision.
Saleem and Cherie Shakur are the owners of the businesses located at the addresses in dispute. As such they are entitled to control delivery of the mail addressed to the businesses located at the addresses in dispute. Whatever the nature of Disputant Diane Seward’s informal business relationship with either Saleem or Cherie Shakur, that relationship does not entitle her to control delivery of mail addressed to the businesses owned by Saleem and Cherie Shakur.
This decision concerns only the delivery of the disputed mail. It does not address ownership of the contents of the mail, or purport to decide any other dispute between the parties. Mr. Saleem Shakur and Ms. Cherie Shakur are responsible for forwarding any mail received at the disputed addresses that is intended for Ms. Diane Seward.
The Judicial Officer should issue an order to the Philadelphia Postmaster directing that the disputed mail be delivered as directed by Saleem Shakur, with respect to mail addressed to Cedar Avenue Physical Therapy, Inc., located at 5304 Cedar Avenue, Philadelphia, PA 19143-1918, and Cherie Shakur, with respect to Spruce Street Physical Therapy Center, Inc., located at 6100 Spruce Street, Philadelphia, PA 19139-3740.
William K. Mahn Administrative Judge