October 9, 2002
In the Matter of a Mail Dispute Between
MICHAEL ORNDORFF
and
DONNA R. ORNDORFF
P.S. Docket No. MD 02-429
APPEARANCE FOR DISPUTANT MICHAEL ORNDORFF:
Michael Orndorff
10501 Rising Ridge Road, #502
Fredericksburg, VA 22407-8201
APPEARANCE FOR DISPUTANT DONNA R. ORNDORFF:
Gilbert Harrison Berger, Esq.
Commonwealth Law Offices
400 S. Main Street, Suite 100
Culpeper, VA 22701-3146
INITIAL DECISION
This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 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 Enviro-Tech at P.O. Box 1070, Locust Grove, VA 22508-1070. The Locust Grove Postmaster is currently holding the mail.
Donna Orndorff filed a sworn statement, as required by 39 C.F.R. §965.5, along with other supporting documents. Michael Orndorff filed nothing. The following findings of fact are based on the material submitted by Donna Orndorff and the material forwarded by the United States Postal Service Law Department, Mid-Atlantic Office.
FINDINGS OF FACT
1. Donna R. Orndorff is the wife of Kevin Duane Orndorff. They lived apart since December 2000, but neither ever filed for divorce. Kevin Orndorff died on July 4, 2002. Michael Orndorff is Kevin's brother. (Donna Orndorff affidavit, Ex. 2).
2. Kevin Orndorff was the sole owner and operator of a business known as "Enviro-Tech Cleaning Services." He ran the business from his residence at 12402 Wilderness Park Drive, Spotsylvania, VA, a home owned jointly by Kevin and Donna. (Donna Orndorff affidavit).
3. Kevin's will, executed on June 4, 1999, named Donna as Executor of his estate, as well as the principal beneficiary. On August 7, 2002, the Deputy Clerk, Spotsylvania County Circuit Court certified Donna as Executor. (Donna Orndorff affidavit, Exs. 3 and 5).
4. On July 16, 2002, Michael Orndorff submitted a PS Form 1093, Application for Post Office Box, to the Locust Grove Post Office for the name Enviro-Tech and was issued Post Office Box 1070. When Donna Orndorff learned of this, on or about August 13, 2002, she protested and this mail dispute arose. (Donna Orndorff affidavit, Ex. 10).
DECISION
As Michael Orndorff filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default. That alone is sufficient ground for a ruling in favor of Donna Orndorff. 39 C.F.R. §965.7. In addition, the evidence filed by Donna Orndorff is sufficient to establish that she is entitled, as executor of her late husband's estate, to mail addressed to her husband's business.
Postal Service regulations governing delivery of mail to a business when the mail is claimed by more than one person provide as follows:
“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. . . . If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.” (POM 9, July 2002, Section 614.1).
“Mail addressed to a governmental or nongovernmental official by title or by organization name, but not to the address of the organization, must be delivered to the organization if the organization so directs.” (POM, Section 614.2).[1]
Postal regulations also provide that mail addressed to a deceased person should be delivered as addressed but may be forwarded to an appointed executor. (POM, Sections 612.41 and 612.42).[2] As Michael Orndorff has demonstrated no ownership interest in the business or any other entitlement to the disputed mail, the mail should be delivered to Donna Orndorff.
This decision deals only with delivery of mail. It does not attempt to resolve any 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 Locust Grove Postmaster directing that mail addressed to Enviro-Tech, at P.O. Box 1070 in Locust Grove, VA be delivered as directed by Donna R. Orndorff.
Bruce R. Houston