In
the Matter of a Mail Dispute Between
MICHAEL
W. BEAVERS
and
MICHELLE
SOUERS
P.S. Docket No. MD 04-114
APPEARANCE FOR DISPUTANT MICHAEL W. BEAVERS:
Phillip M. Schwartz, Esq.
Carr, Morris & Graeff, PC
1120 G Street NW, Suite 930
Washington, DC 20005-3801
APPEARANCE FOR DISPUTANT MICHELLE SOUERS:
W. Travis Parham
Waller Lansden Dortch & Davis
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 Piedmont Behavioral Health Center, at P.O. Box 2547, Leesburg, VA 20177. The Leesburg Postmaster is currently holding the mail.
Both parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, accompanied by other supporting documents, and both filed rebuttal, as permitted by 39 C.F.R. §965.6. In his rebuttal, Mr. Beavers asked for an oral hearing, in accordance with 39 C.F.R. §965.8. As I find no material facts in dispute that would require the examination of witnesses, that request is denied. The following findings of fact are based on all the material submitted by the parties, including that forwarded by the United States Postal Service Law Department, Mid-Atlantic Office.
FINDINGS
OF FACT
1. Beginning in April 1998, Michael Beavers was the principal owner of Piedmont Behavioral Health Center, LLC (Piedmont), which operated a residential treatment facility at 42009 Victory Lane, Leesburg, Virginia. The mailing address for the business was P.O. Box 2547, Leesburg, VA 20177. (Beavers statement).
2. On June 11, 2004, Piedmont, as “Seller,” entered into an Asset Purchase Agreement with Psychiatric Solutions of Florida, Inc., as “Buyer.” The Buyer is now known as Psychiatric Solutions of Virginia, Inc. (PSV). Michelle Souers is PSV’s Business Office Manager. (Beavers statement; Souers statement; Agreement attached to Beavers statement).
3. The Agreement provided that “substantially all of the assets of Seller” were to be transferred to the Buyer. Among the assets specifically listed in Section 1.1 of the Agreement were the “leasehold interest in the real property and buildings,” “accounts receivable generated in connection with the operation of the Facility,” and all rights “to use the name Piedmont Behavioral Health Center.”
4. Since the sale, Psychiatric Solutions of Virginia,
Inc., has operated the facility at
5. The parties also agreed orally at the time of the sale that all mail addressed to P.O. Box 2547 would be received by PSV/Whisper Ridge, who would promptly forward to Mr. Beavers any mail that was intended for him. (Beavers statement).
6. On June 12, 2004, Ms. Souers submitted to the Leesburg Post Office a PS Form 3575, Change-of-Address, directing that mail addressed to Piedmont at P.O. Box 2547 be forwarded to 42009 Victory Lane. (Form attached to Law Department forwarding letter).
7. Over the next few weeks, Mr. Beavers complained that PSV was not forwarding any mail to him. On July 8, 2004, Mr. Beavers’ wife submitted a PS Form 3575, Change-of-Address, directing that mail addressed to Piedmont at P.O. Box 2547 be forwarded to 14000 River Road, Potomac, MD 20854. (Form attached to Law Department forwarding letter).
8. On July 9, 2004, the Leesburg Postmaster wrote to both parties, informing them that, because of the conflicting delivery orders, all mail addressed to Piedmont Behavioral Health Center, at P.O. Box 2547, Leesburg, VA 20177 would be held. (Letter attached to Law Department forwarding letter).
9. On July 13, 2004, Mr. Beavers informed the Leesburg Postmaster, by telephone and by letter, that the parties had negotiated an agreement. All mail addressed to Piedmont at Box 2547 was to be delivered to 42009 Victory Lane, where a designated Whisper Ridge employee would sort it each day and send what belonged to Mr. Beavers to him at 14000 River Road. (Beavers statement; July 13, 2004 letter attached to Law Department forwarding letter).
10. The above arrangement did not work to Mr. Beavers’ satisfaction. On July 30, 2004, he wrote to a supervisor at the Leesburg Post Office, directing that all mail addressed to Piedmont Behavioral Health Center be delivered to him at 14000 River Road, Potomac, MD. (Beavers statement; July 30, 2004 letter attached to Law Department forwarding letter).
11. The Leesburg Postmaster sent the pertinent documents to the Law Department, Mid-Atlantic Office, who then forwarded the case to the Judicial Officer for resolution.
DECISION
Mr. Beavers argues that Piedmont Behavioral Health Center, LLC still exists and has ongoing business affairs, and that he is the owner and manager. However, under the terms of the Asset Purchase Agreement, PSV received the right to use the name, “Piedmont Behavioral Health Center,” the accounts receivable, and the facility itself, which PSV is currently operating. In addition, the parties agreed at the time of the sale that PSV would receive the mail. On these facts, the disputed mail should be delivered to PSV.
There is clearly a disagreement between the parties as to precisely what mail PSV agreed to forward to Mr. Beavers. Anyone who receives mail that is intended for another has an obligation to forward that mail promptly, but that is not a matter that the Postal Service has jurisdiction to enforce.
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.
The
Judicial Officer should issue an Order to the Leesburg, Virginia Postmaster
that mail addressed to
Bruce R. Houston
Chief Administrative Law Judge