February 15, 2002
In the Matter of a Mail Dispute
Between
DONALD W. SELEE, JR.
and
TRENA JONES
P.S. Docket No. MD 01-361
APPEARANCE FOR DISPUTANT
DONALD W. SELEE, JR.
Timothy P. Kelleher, Esq.
Kelleher & Associates
17 British American Boulevard, Suite 4
Latham, NY 12110-1422
APPEARANCE FOR DISPUTANT
TRENA JONES:
Trena Jones
3080 Lydius Street
Schenectady, NY 12303-5030
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through December 27, 2001)) 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 DSC Security Centers, or DSC, at P.O. Box 3540, Schenectady, NY 12303-0540. The Schenectady Postmaster is currently holding the mail.
Mr. Selee submitted a sworn statement, with several documents attached, in support of his claim to the disputed mail, as required by 39 C.F.R. §965.5. Ms. Jones submitted a letter to the postmaster on December 13, 2001, but filed nothing after the case was docketed in this office. All the material sent to her by certified mail from this office has been returned unclaimed, although it was addressed to her at the address she provided in her December 13, 2001 letter. It is a litigant's responsibility to accept official mail sent to her in connection with this case when it is sent to the address she provided. Failure to accept such mail does not excuse her failure to make timely filings.[1]
The following findings of fact are based on the material submitted by Mr. Selee and the material forwarded by the United States Postal Service Law Department, Northeast Office.
FINDINGS
OF FACT
1. On August 17, 1994, Mr. Selee's brother, Robert Selee, opened Post Office Box 3540. The names Donald Selee and Trena Jones, as well as Dynamark Security are listed on the reverse of P.S. Form 1093, Application for Post Office Box or Caller Service, as authorized users. It is not clear who placed these names on the form or when this was done. (PS Form 1093, attached to Law Dept. submission; Selee affidavit).
2. For some years prior to July 2001, Disputants Donald Selee and Trena Jones were associated in a business known as "DSC," involving the installation of security systems in homes and businesses. Mr. Selee is licensed by the State of New York to perform such installations. (Selee affidavit).
3. On July 18, 2001, Mr. Selee's mother, Marilyn Selee, filed a Certificate of Doing Business Under Assumed Name ("D/B/A") with the Albany County Clerk's Office, under the name DSC Security Centers. The purpose of this was to change the name under which Donald Selee operated his business, although it is unclear why Marilyn Selee filed the certificate. (Selee affidavit; form attached to Law Dept. submission).
4. On July 19, 2001, Mr. Selee presented the Schenectady Post Office with a death certificate showing that Robert Selee had died on April 12, 1999, and completed a new PS Form 1093, Application for Post Office Box, for Box 3540 in his own name and the name DSC Security Centers. (Selee affidavit; forms attached to Law Dept. submission).
5. Sometime thereafter, Ms. Jones asked that mail addressed to Post Office Box 3540 be forwarded to her home address, and this mail dispute arose.
DECISION
Resolution of this mail dispute depends not on who is an "authorized user" of Post Office Box 3540, but on who is entitled to mail addressed to DSC Security Centers.
In his affidavit, Mr. Selee states that he relinquishes any claim to mail addressed to DSC, but that he is entitled to all mail addressed to his newly named business, DSC Security Centers. Having not filed the sworn statement required by 39 C.F.R. §965.5, Ms. Jones is in default. That alone is a basis for ruling in favor of Mr. Selee (39 C.F.R. §965.7). In addition, the affidavit and other documents filed by Mr. Selee provide a sound basis for ruling in his favor.
In his affidavit, Mr. Selee states that DSC Security Centers is a new entity, created in July 2001. The D/B/A certificate supports that statement. In her December 13, 2001 letter to the postmaster, Ms. Jones claimed that she had been using that name for several years, but she submitted nothing to support this. Therefore, she has provided nothing to demonstrate any connection to the name DSC Security Centers, and nothing to dispute Mr. Selee's statement that he, not Ms. Jones, is the person licensed to install security systems and who is operating DSC Security Centers as such a business. It is likely, therefore, that persons addressing mail to DSC Security Centers intend for it to be received by Mr. Selee.
This decision deals only with delivery of mail. It does not attempt to resolve any financial, or other, disputes between the parties. If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order. POM §616.3.
The Judicial Officer should issue an Order to the Schenectady Postmaster directing that mail addressed to "DSC" at Post Office Box 3540 be forwarded to Ms. Jones, and that any mail addressed to "DSC Security Centers" at Post Office Box 3540 be delivered as directed by Donald Selee.
Bruce R. Houston
Chief Administrative Law Judge