June 18, 2004

In the Matter of a Mail Dispute Between

LOIS M. MELLBERG

and

AUDREY S. TAYLOR and EARLINE F. HEMMING

P.S. Docket No.  MD 04-51

APPEARANCE FOR DISPUTANT LOIS M. MELLBERG:

Lois M. Mellberg

5151 West Stoll Road
Lansing, MI  48906-9381

APPEARANCE FOR DISPUTANTS AUDREY S. TAYLOR and EARLINE F. HEMMING:

Earline Hemming
19300 Taylor Lake Road
Holly, MI  48442-9111

POSTAL SERVICE DECISION

            On May 26, 2004, an Initial Decision was issued in which an Administrative Law Judge concluded that all mail addressed to Allen H. Penoyer at 2201 East State Street, Cheboygan, MI 49721-2135 should be delivered as directed by Disputants Audrey S. Taylor and Earline F. Hemming.  Disputant Lois M. Mellberg has filed an appeal from the Initial Decision.

            Disputant Mellberg’s appeal was not filed within the 10 day appeal period provided in 39 CFR §965.12,[1] and, therefore, is not timely.  Even if considered timely, Disputant Mellberg’s appeal does not establish that she is entitled to obtain delivery of the disputed mail or that the mail should continue to be held until some other forum determines the respective rights of the parties.  As Disputants Taylor and Hemming received the disputed mail at the decedent’s East State Street address prior to his death and Postal Operations Manual §612.41 provides that “[m]ail addressed to deceased persons should be delivered as addressed [and]…may be received at the address of the deceased by anyone who would normally receive the addressee’s mail at that address”,[2] they are entitled to continue receiving delivery of Mr. Penoyer’s mail at the address in dispute.  Accordingly, the Judicial Officer has determined he will not exercise his discretion to grant review on appeal and, in accordance with Postal Operations Manual §612.41, mail addressed to Allen H. Penoyer at 2201 East State Street, Cheboygan, MI 49721-2135 is to be delivered as addressed.

The parties are reminded that the purpose of a mail dispute proceeding is to determine to whom the Postal Service should deliver the disputed mail, not the ownership of the mail.  If either party receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail is to be delivered in accordance with the court order.[3]

                                                                        James A. Cohen

                                                                        Judicial Officer

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[1] Under 39 CFR §965.12, the “initial or tentative decision will become final 10 days after its issuance and receipt by the parties unless the Judicial Officer…in his sole discretion, grants review upon appeal of either party filed within that period, or on his own motion within that period.”

[2] Postal Operations Manual (POM 9, July 2002) (POM), §612.41.

[3] Under the applicable postal regulations, “[w]hen the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail is delivered according to the court order.” POM §616.3.