April 21, 2004

In the Matter of a Mail Dispute Between

 

GREGORY A. SCHROYER, MD

and

JAY RISEMAN, MD and ALFRED BENTON

P.S. Docket No.  MD 04-41

 

APPEARANCE FOR DISPUTANT GREGORY A. SCHROYER, MD:

Gregory A. Schroyer, MD

320 N. Daniels

Springfield, IL  62702-5911

APPEARANCE FOR DISPUTANTS JAY RISEMAN, MD and ALFRED BENTON:

John Madonia, Esq.

Cavanagh & Madonia

403 East Adams Street

Springfield, IL  62701-1404

 

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 Riverton Medical Clinic, at 715 North 7th Street, Riverton, IL 62561-9666.  The Riverton Postmaster is currently holding the mail.

Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, or any other documents beyond those previously submitted to the postmaster.  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 August 25, 2003, Alfred Benton, as lessee, entered into a lease agreement with U.S. Bank, lessor, to lease the premises at 715 North 7th Street, Riverton, Illinois.  (Madonia letter to postmaster, Mar. 8, 2004, and attached documents).

            2.  On August 29, 2003, Mr. Benton entered into a sublease agreement for the same property with Dr. Schroyer as sublessee, for the purpose of operating a medical facility known as Riverton Medical Clinic.  Mr. Benton provided financing for the clinic.  The term of the sublease was for one year.  (Madonia letter to postmaster, Mar. 8, 2004, and attached documents; Schroyer note to postmaster, and attached documents).

            3.  In February 2004, Dr. Schroyer ceased to occupy the premises or to operate the Riverton Medical Clinic.[1]  Mr. Benton then entered into an agreement with Dr. Riseman to operate the clinic, and Dr. Riseman is now operating the clinic at 715 North 7th Street.  (Schroyer note to postmaster; Madonia letter to postmaster, Mar. 8, 2004).

            4.  Sometime thereafter, Dr. Schroyer asked the post office to forward, or hold, mail addressed to 715 North 7th Street.  (Madonia letter to postmaster, Mar. 8, 2004; Schroyer note to postmaster).

            5.  After this case was docketed, the parties agreed that the only mail in dispute is that addressed to Riverton Medical Clinic, at 715 North 7th Street.  They agreed that any mail addressed to Dr. Schroyer by name should be forwarded to him, and that any mail addressed to Dr. Riseman, or to any name other than Riverton Medical Clinic, at 715 North 7th Street, should be delivered as addressed.  The parties also agreed to have a third party examine the held mail and distribute any mail that she determines not to be in dispute.  (See March 19, 2004 Order and Memorandum of Telephone Conference, and Judicial Officer’s March 19, 2004 Order).

DECISION

            Clearly, the real dispute here is over money to which Dr. Schroyer may be entitled for medical services rendered before he ceased to operate the clinic.  Resolving that dispute is not our function, and the parties appear to understand this.  A primary purpose of Postal Service rules for resolving mail disputes is that mail be delivered in accordance with the intent of the senders.  Because Dr. Riseman is currently operating the Riverton Medical Clinic, at 715 North 7th Street, it is likely that most of the mail addressed to the clinic is intended for him.  Further, there is no evidence to indicate that Dr. Schroyer has any claim to the name “Riverton Medical Clinic.”  Accordingly, the disputed mail should be delivered as addressed 

            This decision deals only with delivery of mail.  It does not determine who is entitled to checks, or other forms of payment, contained in the mail.  If Dr. Riseman receives mail that is intended for Dr. Schroyer, it is his responsibility to forward that mail.  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 Riverton Postmaster that mail addressed to Riverton Medical Clinic, at 715 North 7th Street, Riverton, IL 62561-9666, be delivered as addressed.

                                                                        Bruce R. Houston

                                                                        Chief Administrative Law Judge


[1]  There may be facts in dispute as to how and why Dr. Schroyer’s services at the clinic were terminated, but it is not necessary to this decision to resolve those facts.