April 28, 2005

In the Matter of a Mail Dispute Between

 

PRESIDENTIAL FINANCIAL CORPORATION OF THE CHESAPEAKE

and

JACK L. POWELL

SELECT STAFFING SERVICES, INC.

PRESIDENT

P.S. Docket No.  MD 05-54

 

APPEARANCE FOR DISPUTANT PRESIDENTIAL FINANCIAL CORPORATION OF THE CHESAPEAKE:

Rebecca Sinclair
3700 Koppers Street, Suite 500

Baltimore, MD  21227-1051

 

APPEARANCE FOR DISPUTANT JACK L. POWELL

SELECT STAFFING SERVICES, INC.:

Jack L. Powell, President
1001 Connecticut Avenue NW, Suite 438
Washington, DC  20036-5523

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 Select Staffing Services, Inc., Select Temporary Services, Inc., Selectemps, Select Technical Services, and/or Jack L. Powell, President, at P.O. Box 66198, Washington, DC 20035-6198.  The Washington Postmaster is currently holding the mail.

Neither party filed anything beyond the material previously submitted to the postmaster and to the United States Postal Service Law Department Mid-Atlantic Office.

DECISION

 

            This is a dispute over the right of disputant Presidential Financial Corporation, as “Lender” under the terms of a Loan and Security Agreement with Select Staffing Services and its three d/b/a names as “Borrower,” to receive mail addressed to “Borrower.”

On March 23, 2005, in an action titled Presidential Financial Corporation of the Chesapeake, Plaintiff v. Select Staffing Services, Inc., d/b/a Select Temporary Services, Inc., d/b/a Selectemps, d/b/a Select Technical Services, and Jack L. Powell, Defendants, the Circuit Court of the City of Alexandria, Virginia issued a Decree Granting Plaintiff’s Motion for Injunctive Relief.  This Decree directed Defendants to do several things, including “to provide Presidential Financial Corporation of the Chesapeake access to all post office boxes in which debtor checks are received so that Presidential Financial Corporation can take possession of such checks.”

            The Postal Operations Manual (POM 9, July 2002) Section 616.3, states: “When 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.”  The parties were given an opportunity to comment on the applicability of this provision but neither did so.[1]

            While the Court’s Order does not specifically direct how the Postal Service is to deliver mail, it plainly expresses the judge’s conclusion that Presidential Financial Corporation is entitled to receive the disputed mail.  Accordingly, the Judicial Officer should issue an Order to the Washington, DC Postmaster that the disputed mail shall be delivered as directed by an officer of Presidential Financial Corporation.

                                                                                    Bruce R. Houston

                                                                                    Chief Administrative Law Judge


[1] Presidential Financial had earlier submitted a copy of the Order to the Postal Service Law Department.