April 22, 2003

 

In the Matter of a Mail Dispute Between

 

REVEREND ORA CLEMONS

 

and

 

MERZETTA SUE BLANTON

 

P.S. Docket No.  MD 03-139

 

APPEARANCE FOR DISPUTANT REVEREND ORA CLEMONS:

Reverend Ora Clemons

43741 Gatehouse Court

Canton, MI  48187-2024

 

APPEARANCE FOR DISPUTANT MERZETTA SUE BLANTON:

Merzetta Sue Blanton

1314 Harry Street

Ypsilanti, MI  48198-6620

 

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 Goodwill Baptist Church, P.O. Box 93, Whittaker, MI 48190-0093.  The Whittaker Postmaster is currently holding the mail.

            Neither party filed a sworn statement in accordance with 39 C.F.R. §965.5, or any other supporting documents other than those originally submitted to the postmaster by Ms. Blanton.  The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Chicago Office.

FINDINGS OF FACT

            1.  On May 10, 2002, an Initial Decision was issued in a case that was docketed as a Mail Dispute Between Reverend Ora Clemons and Reverend Percy Madison, P. S. Docket No. MD 02-117.  Each of the disputants claimed to be the pastor of Goodwill Baptist Church, located at 10730 Whittaker Road, Whittaker, Michigan, and entitled to mail addressed to the church at P.O. Box 93.[1]

            2.  The Initial Decision in MD 02-117 noted that the documents that were submitted in that case did not provide conclusive proof as to who was entitled to the disputed mail.  However, as Reverend Madison filed nothing and Reverend Clemons filed some documents that listed her as “pastor,” or “president” of Goodwill Baptist Church, the postmaster was directed to deliver the mail to Reverend Clemons.

            3.  On March 10, 2003, Merzetta Sue Blanton came to the Whittaker Post Office and claimed entitlement to mail addressed to Goodwill Baptist Church at P.O. Box 93.  She presented a copy of a letter from an attorney, Karen Quinlan Valvo, to Allen Brooks Woodford, and a Judgment from the 22nd Circuit Court for Washtenaw County, Michigan that was referenced in the letter.  (Valvo letter, February 24, 2003, and Court Judgment, January 29, 2003, attached to Law Department forwarding letter).

            4.  The Judgment, in a case titled “Allen Brooks Woodford, Plaintiff, v. Ora Clemons, Defendant,” stated that fee simple ownership in the property “commonly described as 10730 Whittaker Road, Whittaker, Michigan is established in Allen Brooks Woodford, Merzetta S. Woodford-Blanton, and Juranis L. Woodford as tenants in common with equal shares of ownership.”

            5.  On receipt of these documents, the Whittaker Postmaster wrote to the two named disputants, Ora Clemons and Merzetta Sue Blanton, informing them the post office would again hold all mail addressed to Goodwill Baptist Church, P.O. Box 93, Whittaker, MI 48190-0093, and that the case would be forwarded to the Judicial Officer for resolution.

DECISION

            In the earlier case, P. S. Docket No. MD 02-117, the disputed mail was awarded to Reverend Clemons in large part because her opponent defaulted.  In this case, both parties are in default, but the only relevant document shows that Ms. Blanton is an owner of the property on which Goodwill Baptist Church is located.  That alone would not necessarily entitle her to mail addressed to the church, but it is sufficient here because Reverend Clemons has submitted nothing in opposition.

            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.  If Ms. Blanton receives any mail that is intended for Reverend Clemons personally, it is her responsibility to forward that mail.

            The Judicial Officer should issue an Order to the Whittaker Postmaster directing that mail addressed to Goodwill Baptist Church, at P.O. Box 93 in Whittaker, Michigan be delivered as directed by Merzetta Sue Blanton.

                                                                        Bruce R. Houston

                                                                        Chief Administrative Law Judge


[1]  Although there is nothing in the current case file to make clear that Goodwill Baptist Church is located at 10730 Whittaker Road, there are such documents in the MD 02-117 case file.