August 1, 2005

In the Matter of a Mail Dispute Between

SUSAN PLAZA

and

NANCY CAMERLENGO

P.S. Docket No.  MD 05-118

APPEARANCE FOR DISPUTANT SUSAN PLAZA:

Susan Plaza
679 Townbank Road
North Cape May, NJ  08204-4408

APPEARANCE FOR DISPUTANT NANCY CAMERLENGO:

Nancy Camerlengo
202 Penn Street
Bristol Borough, PA  19007-5117

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 Nancy Jakel, 664 Townbank Road, Apartment 303, North Cape May, NJ 08204-3567.  The Cape May 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 supporting documents.  Susan Plaza filed a letter. The following findings of fact are based Ms. Plaza’s letter and the material forwarded by the United States Postal Service Law Department, Philadelphia Office.

FINDINGS OF FACT

1.  Nancy Jakel died on April 14, 2005.  The disputants are her daughters, two of seven siblings.  Ms. Jakel left no will and no one has been appointed administrator of her estate.  (Law Department forwarding letter; Camerlengo letter to postmaster attached).

2.  Nancy Camerlengo had a joint checking account with her mother and has been paying her mother’s bills.  (Camerlengo letter; Plaza letter).

3.  On April 21, 2005, Ms. Camerlengo submitted a Mail Forwarding Change of Address Order to the Cape May Post Office, directing that mail addressed to Nancy Jakel, 664 Townbank Road, Apartment 303, North Cape May, NJ 08204-3567 be forwarded to 202 Penn Street, Bristol Borough, PA 19007-5117.  (Form attached to Law Department forwarding letter).

4.  Shortly thereafter, Ms. Plaza made a complaint/inquiry (?) to the post office and the postmaster began holding the mail.  (Postmaster memos attached to Law Department forwarding letter).

DECISION

            In her July 9, 2005 letter to this office, Ms. Plaza implies that she did not intend to create a dispute over where her mother’s mail would be sent, but that she just wanted to know where it would be sent.  She acknowledged that her sister, Ms. Camerlengo is paying the bills and states that if she (Ms. Plaza) receives the mail, “all bills would be forwarded to Nancy for payment.”

            Because there is no dispute that Ms. Camerlengo has assumed responsibility for paying her mother’s bills, and because Ms. Plaza’s letter makes no argument as to why she (Ms. Plaza) should receive the mail, it is appropriate that the mail be forwarded to Ms. Camerlengo.

            This decision deals only with delivery of the mail.  It does not determine ownership of the contents of the mail.  If Ms. Camerlengo receives mail that is intended for Ms. Plaza, it is her responsibility to forward that mail.

            The Judicial Officer should issue an order to the Cape May Postmaster that the disputed mail should be forwarded as directed by Nancy Camerlengo.

                                                                                    Bruce R. Houston

                                                                                    Chief Administrative Law Judge