April 25, 2005
In the Matter of a Mail
Dispute Between
ROCCO S. STEZZI, JR.
and
ANNE S. MAXWELL, ESQ.
and
RONALD PELCZAR
P. S. Docket No. MD 05-25
APPEARANCE FOR DISPUTANT ROCCO S. STEZZI, JR.:
Rocco S. Stezzi, Jr.
2442 S. Mildred Street
Philadelphia, PA 19148-3720
APPEARANCE FOR DISPUTANT ANNE S. MAXWELL, ESQ.:
Anne S. Maxwell, Esq.
842 S. Second Street, Suite 5
Philadelphia, PA 19147-3430
APPEARANCE FOR DISPUTANT RONALD PELCZAR:
Ronald Pelczar
2535 Aspen Street
Philadelphia, PA 19130-2404
POSTAL SERVICE DECISION
On April 6, 2005, an Initial Decision was issued in which an Administrative Law Judge concluded that mail addressed to Anthony J. Pelczar and/or Anthony J. Pelczar c/o Ronald Pelczar at 2535 Aspen Street, Philadelphia, PA 19130-2404, 2527 Brown Street, Philadelphia, PA 19130-1810 and P.O. Box 15167, Philadelphia, PA 19130-0167 should be delivered as directed by Disputant Anne S. Maxwell, Esq. Disputant Rocco S. Stezzi, Jr. has filed an appeal from the Initial Decision.
Disputant Stezzi has not shown that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the Initial Decision. The Initial Decision relies on an Order of the Court of Common Pleas of Philadelphia County, Orphans’ Court Division, dated March 18, 2005, which authorizes Disputant Maxwell “to collect the mail from the post office.” Under §616.3 of the Postal Operations Manual,[1] “[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.” Although Disputant Stezzi disagrees with the Court order, he has not shown that the Court lacked jurisdiction to issue the March 18, 2005 Order or that any other reason exists for the Judicial Officer to conclude that the March 18, 2005 Order does not control the disposition of this proceeding.[2] Moreover, the purpose of a mail dispute proceeding is to determine the person entitled to obtain delivery of the disputed mail, not the ownership of the mail or any other dispute between the parties.[3]
Accordingly, the Initial Decision is the final decision as provided in 39 C.F.R. §965.11 and all mail addressed to Anthony J. Pelczar and/or Anthony J. Pelczar c/o Ronald Pelczar at 2535 Aspen Street, Philadelphia, PA 19130-2404, 2527 Brown Street, Philadelphia, PA 19130-1810 and P.O. Box 15167, Philadelphia, PA 19130-0167 is to be delivered as directed by Anne S. Maxwell, Esq.
James A. Cohen
Judicial Officer