November 9, 2005
In
the Matter of a Mail Dispute Between
GLORIA
PARKS-HARRELL
and
DOROTHY
PARKS
P.S. Docket No. MD 05-196
APPEARANCE FOR DISPUTANT GLORIA PARKS-HARRELL:
Gloria Parks-Harrell
6701 Ginger Court
Montgomery, AL 36116-2159
APPEARANCE FOR DISPUTANT DOROTHY PARKS:
Dorothy Parks
P.O. Box 2243
Montgomery, AL 36102-2243
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 Helen Parks at P.O. Box 2243, Montgomery, AL 36102-2243, and at 1317 Belleview Street, Montgomery, AL 36104-5317, and at 6701 Ginger Court, Montgomery, AL 36116-2159. The Montgomery Postmaster is currently holding the mail.
Neither party filed a sworn statement, as required by the Rules of Practice, 39 C.F.R. §965.5, or any other information. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Tampa, Florida Office.
FINDINGS
OF FACT
1. Helen Parks is deceased. The two disputants are her daughters. At some time after the death of Helen Parks, the Montgomery Post Office received conflicting orders from the two disputants as to where mail addressed to Helen Parks should be delivered. (Law Department forwarding letter and attachments).
2. Neither of the disputants submitted anything in writing to the post office that explained the basis for either’s claim to the mail. On September 13, 2005, the Montgomery Postmaster wrote to each of the disputants, stating that the disputed mail would be held and explaining the procedures that the Postal Service uses in resolving mail disputes. (Law Department forwarding letter and attachments).
3. In a September 27, 2005 reply to the postmaster’s September 13 letter, Gloria Parks-Harrell complained of the diversion of mail addressed to 6701 Ginger Court. She stated, “I am requesting that the Postal Service immediately return all mail that you are holding which is addressed to Helen W. Parks and or Gloria A. Parks (Harrell) which shows 6701 as the printed address.” She said nothing about mail addressed to the other two disputed addresses. (Letter attached to Law Department forwarding letter).
4. There are no mail forwarding orders included in the case file, but a September 27, 2005 letter from the postmaster to Ms. Parks-Harrell states that there was a change-of-address order directing that mail addressed to Helen Parks at 1317 Belleview Street be forwarded to P.O. Box 2243.[1] The postmaster offered this as an explanation of how the mail addressed to 6701 Ginger Court also began to be forwarded. (Letter attached to Law Department forwarding letter).
DECISION
Because we have so little information, it cannot be determined who has a greater claim to mail addressed to Helen Parks. Therefore, it is appropriate that mail addressed to Helen Parks at either P.O. Box 2243 (the address of Dorothy Parks), or at 6701 Ginger Court (the address of Gloria Parks-Harrell), continue to be delivered as addressed. Further, as someone, presumably Dorothy Parks, submitted a forwarding order for mail addressed to Helen Parks at 1317 Belleview Street, and because Gloria Parks-Harrell’s September 27, 2005 letter made no protest about this, that mail should be forwarded to P.O. Box 2243 as directed.
This decision deals only with delivery of the mail. It does not determine ownership of the contents of the mail. If either party receives mail that is intended for the other, it is her responsibility to forward that mail.
The Judicial Officer should issue an order to the Montgomery Postmaster that mail addressed to Helen Parks at either P.O. Box 2243 or 6701 Ginger Court should be delivered as addressed, and that mail addressed to Helen Parks at 1317 Belleview Street should be forwarded to P.O. Box 2243.
Bruce
R.
Chief Administrative Law Judge