September 12, 2002
In the Matter of a Mail Dispute Between
CARLA FREEMAN and MICHAEL REYNOLDS
and
JOHN RICHARD JONES
P.S. Docket No. MD 02-406
APPEARANCE FOR DISPUTANTS CARLA FREEMAN and MICHAEL REYNOLDS:
Bruce Hankenson, Esq.
240 Forest Drive, Suite 602
Chattanooga, TN 37405-3971
APPEARANCE FOR DISPUTANT JOHN RICHARD JONES:
Rick Heinsman, Esq.
525 E. 4th Street
Chattanooga, TN 37403-1805
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through April 4, 2002)) 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 New Salem Grocery #2, 9823 Dallas Hollow Road, Soddy Daisy, TN 37379-3912. The Soddy Daisy Postmaster is currently holding the mail.
Neither party submitted a sworn statement, as required by 39 C.F.R. §965.5, or anything else in support of their respective positions. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Memphis Office.
FINDINGS OF FACT
1. John Richard Jones is the current owner of New Salem Grocery #2. Carla Freeman and Michael Reynolds are the previous owners. (Postmaster Doris Lannom memo).
2. On May 30, 2002, Ms. Freeman submitted a PS Form 3575, Official Mail Forwarding Change of Address Form, to the Soddy Daisy Post Office, directing that mail addressed to New Salem Grocery #2 at 9823 Dallas Hollow Road be forwarded to another address. That address is not legible on the file copy of the Form 3575.
3. The disputants are currently in litigation in the Chancery Court of Hamilton County, Tennessee. The action is titled: John Richard Jones, Plaintiff v. Carla Freeman d/b/a New Salem Grocery #2, Defendant. On May 31, 2002, Chancellor W. Frank Brown, III, issued an Order that "defendant [Ms. Freeman] is enjoined from entering the real property of the plaintiff located at 9823 Dallas Hollow Road, known as the New Salem Grocery #2, and from removing any inventory or other property therein."
DECISION
As neither party submitted any supporting evidence in this case, I find that the postmaster's memo and the Chancellor's Order are sufficient to establish that Mr. Jones is the current owner and operator of the business known as New Salem Grocery #2 at 9823 Dallas Hollow Road. As such, he is entitled to the mail addressed to that address.
This decision deals only with delivery of the mail. It does not attempt to decide underlying financial disputes or any other dispute 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. If Mr. Jones receives mail that is intended for Ms. Freeman or Mr. Reynolds personally it is his responsibility to forward that mail.
The Judicial Officer should issue an Order to the Soddy Daisy Postmaster directing that the disputed mail be delivered according to the direction of John Richard Jones.
Bruce R. Houston