February 28, 2006
In
the Matter of a Mail Dispute Between
NANCY
DANIELS
and
GILBERT
DANIELS
P.S. Docket No. MD 05-232
APPEARANCE FOR DISPUTANT NANCY DANIELS:
Nancy Daniels
APPEARANCE FOR DISPUTANT GILBERT DANIELS:
David P. Walen, Esq.
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 Daniels Transport Logistics, 5736 Market Street, Trlr #42, Wilmington, NC 28405-3524. The Wilmington Postmaster is currently holding the mail.
Gilbert Daniels filed a sworn written statement, as required by 39 C.F.R. §965.5, along with some supporting documents. Nancy Daniels filed nothing beyond what had been submitted to the postmaster. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department, Eastern Area Office - Charlotte.
FINDINGS OF FACT
1. In November 1999, Gilbert and Nancy Daniels, who were then husband and wife, incorporated a business called A & D Towing and Recovery, Inc. Gilbert was president, Nancy was secretary and treasurer. The business address was 5736 Market Street, Trlr #42, Wilmington, North Carolina which, apparently, was also their residence. (Gilbert Daniels statement, Ex. J).
2. In April 2004, the name of the company was changed to Daniels Transport Services, Inc. (Gilbert Daniels statement, Ex. K).
3. Sometime in 2005, Gilbert and Nancy separated and are now either divorced or in the process of becoming divorced. Nancy remains at 5736 Market Street, Trlr #42. It is unclear whether Gilbert also still resides there. (Law Department forwarding letter).
4. In June 2005, Nancy Daniels and her son, William Mercier, created a partnership business known as Daniels Transporting Logistics,[1] with its business address at 5736 Market Street, Trlr #42. (Trust Fund Agreement attached to Law Department forwarding letter).
5. It is unclear exactly what triggered this mail dispute, but on November 28, 2005, the post office manager informed the Law Department that only mail that included the word “Logistics” in the address was in dispute and being held. We assume, therefore, that mail addressed to Daniels Transport Services, Inc., (or Daniels Transporting Services, Inc., as Mr. Daniels refers to it in his statement), is being delivered to Gilbert Daniels. (Memorandum attached to Law Department forwarding letter).
6. On November 28, 2005, Gilbert Daniels and Daniels Transport Services, Inc., as Plaintiffs, brought suit in New Hanover County, North Carolina against Nancy Daniels and William Mercier, d/b/a Daniels Transport Logistics and several other business names. The Complaint alleges that, by using the same address and phone numbers as the original business (Daniels Transport Services, Inc.), the Defendants are fraudulently using the “parent” company’s assets to divert business and funds to themselves, to the exclusion of Gilbert Daniels.
DECISION
The primary purpose of Postal Service rules for resolving mail disputes is to insure that mail is delivered as intended by the senders. In this case, because the word “Logistics” in the business name has only been used by Nancy Daniels in the new business entity created by her and her son, it is likely that senders using the name Daniels Transport Logistics intend for Nancy Daniels to receive it.
Whatever merit there may be to Gilbert Daniels’ lawsuit, it is not the function of the Postal Service to resolve underlying financial disputes between the parties. This decision deals only with delivery of the mail. It does not determine ownership of the contents of the mail and does not attempt to resolve any underlying disputes between the parties. If Nancy Daniels receives mail that is intended for Gilbert Daniels, it is her responsibility to forward that mail. 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 Wilmington Postmaster that mail addressed to Daniels Transport Logistics, 5736 Market Street, Trlr #42, Wilmington, NC 28405-3524 be delivered as directed by Nancy Daniels.
Bruce R.
Chief Administrative Law Judge