In
the Matter of a Mail Dispute Between
LYNN
M. VAYDA
and
KENNETH
VAYDA
P.S. Docket No. MD 05-217
APPEARANCE FOR DISPUTANT
LYNN M. VAYDA:
Lynn M. Vayda
APPEARANCE FOR DISPUTANT
KENNETH VAYDA:
Kenneth Vayda
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 A Guaranteed Pest Control Co., Inc., at P.O. Box 351, Weatogue, CT 06089-0351, and at P.O. Box 111578, Stamford, CT 06911-1578. The Weatogue and Stamford Postmasters are 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 information. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Northeast Area Office.
FINDINGS OF FACT
1. Thomas and Kenneth Vayda were brothers and owned a business called A Guaranteed Pest Control Co., Inc. (AGPC). Thomas died on May 21, 2005. Lynn Vayda is his surviving spouse. The business has received mail at the two addresses listed above for several years. (Law Department forwarding letter).
2. On March 20, 2003, Thomas and Kenneth signed a “Stock Purchase Agreement.” At that time, Thomas was the President and principal shareholder of the company. The agreement called for Kenneth to merge his separate pest control business into AGPC and to become fully employed by AGPC. In exchange, Thomas would transfer 22.5% of his AGPC stock to Kenneth on January 31, 2004, and an additional five percent each January 31 thereafter until Kenneth held 47.5% of the total shares. (Agreement attached to Law Department forwarding letter).
3. The agreement also stated that, if “either party shall die, the other shall repurchase the shares of the other for the sum of $1,000.00.” There is nothing in the file to show the extent to which any of the provisions of this agreement were carried out.
4. On May 25, 2005, acting as the “majority shareholder,” Lynn Vayda signed a document titled, “Consent in Lieu of Meeting of Shareholders,” appointing herself to the Board of Directors of AGPC. Also on May 25, 2005, she signed another “Consent in Lieu of Meeting of Shareholders,” stating that she, as the entire Board of Directors, elected herself President and Treasurer, and elected Earl J. Newberry as Vice President.
5. At some time after Thomas’ death, a dispute arose between Kenneth Vayda and Lynn Vayda over control of the post office boxes.
6. POM
Section 614.1 provides:
All mail addressed to a governmental or nongovernmental
organization . . . at the address of the
organization is delivered to the organization. . . . If disagreement arises about where any such
mail should be delivered, it must be delivered according to the order of the
organization’s president or equivalent official.[1]
DECISION
The only information submitted by either party is a June 21, 2005 letter from Lynn Vayda to the Stamford Postmaster, with the two May 25, 2005 documents attached, and the Stock Purchase Agreement, apparently submitted by Kenneth Vayda to the Weatogue Postmaster. As neither party submitted anything else, there is no clear paper trail to show the basis for their claims.
By her June 21, 2005 letter, and the two May 25, 2005 documents, Lynn claims to be the president and majority owner of the company. Kenneth is silent. Because Kenneth Vayda has submitted nothing to contradict the claims made by Lynn, this dispute is resolved in her favor, in accordance with Section 614.1, quoted above.
This decision deals only with delivery of
the mail. It does not attempt to resolve
any other underlying disputes 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 Weatogue and Stamford,
Connecticut Postmasters that the disputed mail should be delivered as directed
by Lynn Vayda.
Bruce R.
Chief Administrative Law Judge