June 26, 2008      

 

In the Matter of a Mail Dispute Between                              

                                                                                                                                                                                                                                                                                  

LAURA KRUSE &                                                                 

JOHN AND DOROTHY WILLIS and                                                                                                                                                                                                                                  

DANIEL KRUSE

 

P.S. Docket No.  MD 08-147                                                         

 

APPEARANCE FOR DISPUTANTS        

Laura Kruse
LAURA KRUSE:                                          

 

JOHN AND DORTHY WILLIS:                    

John and Dorthy Willis

                                                                       

APPEARANCE FOR DISPUTANT           

DANIEL KRUSE:

Nathan S. Cohen, 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 Kruse Overhead Door and/or Kruse Door at 1453 Schuchart Road, Union, MO 63804-4299 and 1455 Schuchart Road, Union, MO 63804-4299.  The Union Postmaster is currently holding the mail.

All parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, along with supporting documents.  The following findings of fact are based on the material filed by the parties, including documents forwarded by the United States Postal Service Law Department, St. Louis Office.[1] 

FINDINGS OF FACT

            1.  Daniel and Laura Kruse lived together for many years.  They were married in either 1998 or 2000, and divorced on October 16, 2002, although they continued to live in the same house, at the Schuchart Road addresses, for some time after the divorce.  John and Dorothy Willis are Laura’s parents.  (Daniel affidavit; Laura affidavit; Divorce Order attached as Ex. 1 to Daniel affidavit).

            2.  The two separate addresses, 1453 and 1455 Schuchart Road, exist only because a second mailbox was placed there in 2005.  There are not two residences or separate places of business there.  (Daniel affidavit; Laura affidavit).

            3.  In April 1994, a business called Kruse Contracting Overhead Door was created and registered with the Missouri Secretary of State.  Daniel and Laura were listed as the owners and the business address was 167 Indian Prarie Lane, Union, Missouri.  (Laura affidavit, Ex. 1).

            4.  Kruse Contracting Overhead Door was again registered with the Missouri Secretary of State in 2001, 2002, and 2008, each time with a different address and listing different people, or other entities, as the owner.  (Laura affidavit, Exs. 2, 4 and 5; Daniel affidavit, Ex. 6).

            5.  In October 2006, a business called Kruse Overhead Door was registered with the Missouri Secretary of State.  John Willis was listed as the owner and the business address was 1 East Sherwood Drive, St. Louis, Missouri.  This is the residence of John and Dorothy Willis.  (Laura affidavit, Ex. 6).

            6.  In February 2008, a business called Kruse Door was registered with the Missouri Secretary of State.  Laura Kruse was listed as the owner and the business address was 1455 Schuchart Road, Union, Missouri.  (Laura affidavit, Ex. 7).

            7.  On or about January 24, 2008, Laura submitted a change-of-address order to the Union, Missouri Post Office, directing that mail addressed to all of the above noted business names at 1453 or 1455 Schuchart Road be forwarded to a Mailboxes, Etc. address, thereby precipitating this mail dispute.[2]  (Laura affidavit; statement of “Dan Kruse’s family,” received May 28, 2008).

            8.  A Property Settlement, signed by Daniel and Laura as part of their divorce proceeding in October 2002, contained provisions awarding “all right, title and interest” in the business name “Kruse Contracting Overhead Door” to Laura, and awarding “all right, title and interest” in the business name “Dan the Door Man” to Daniel.  The business names “Kruse Overhead Door,” and “Kruse Door,” were not mentioned, apparently not yet having been used by either party.  (Daniel affidavit, Ex. 1).

            9.  On February 8, 2008, a Judge of the Circuit Court of Franklin County, Missouri issued an Order Amending Ex-Parte Order of Protection.  This Order stated that “Possession of the property located at 1453 and 1455 Schuchart Road, Union, Missouri, is hereby restored to Respondent [Daniel Kruse],” and that “Petitioner [Laura Kruse] shall vacate the premises immediately.”[3]  (Daniel affidavit, Ex. 4).

            10.  On April 21, 2008, a Judge of the Circuit Court of St. Louis County, Missouri, issued a handwritten Order in a child custody case listing Daniel Kruse as Plaintiff (Petitioner) and Laura Kruse as Defendant (Respondent).  This Order stated that Daniel shall be permitted to pick up and accept all mail addressed to “Dan the Door Man,” “Kruse Door,” and “Kruse Overhead Door,” at 1453 Schuchart Road, and that Laura “shall not interfere with this mail.”  (Daniel affidavit, Ex. 5; Laura and Willis’s reply statement).

DECISION

            As often happens in cases of this nature, the parties have submitted much material that is not relevant to determining how the mail should be delivered, each side accusing the other of various forms of dishonesty and other misdeeds.

            Daniel makes no claim to mail addressed to Kruse Contracting Overhead Door, but states that he is operating the business known as Kruse Overhead Door or Kruse Door at 1453 Schuchart Road.  Laura and the Willises dispute this, stating that these names were created by Laura as variations of the original Kruse Contracting Overhead Door.[4]  They do not, however, dispute the fact that the Circuit Court of St. Louis County issued the Order described in Finding #10.

            That Order governs the outcome of this case.  Postal regulations provide that, if a court issues an order directing the delivery of disputed mail, the mail will be delivered according to such an order.  POM §616.3.  Laura’s reply to Daniel’s submission implies that the Circuit Court Judge should not have issued that Order, but it is not our function to review the Order.  If such an order is to be challenged, it must be challenged in the court that issued it, or perhaps in an appropriate Missouri appellate court.

            Based on the Circuit Court’s Order, Daniel is entitled to delivery of the disputed mail.  As noted in Finding #2, I find no reason to distinguish between mail addressed to 1453 Schuchart and mail addressed to 1455 Schuchart.  This decision deals only with delivery of mail.  It does not attempt to resolve any other disputes between the parties. 

The Judicial Officer should issue an Order to the Union Postmaster directing that mail addressed to Kruse Overhead Door and/or Kruse Door at 1453 Schuchart Road, Union, MO 63804-4299 and 1455 Schuchart Road, Union, MO 63804-4299, be delivered as directed by Daniel Kruse.

 

 

Bruce R. Houston

Chief Administrative Law Judge

 


[1] Daniel Kruse argues that the statements of Laura Kruse and John and Dorothy Willis were filed late and should not be considered.  The Notice of Docketing informs Disputants that written submissions must be filed within 15 days of receipt of the Notice, in this case “on or about” May 27, 2008.  Laura and the Willises state in their affidavits that they received the Notice on May 13, 2008, and mailed their material on May 28.  It was received here on May 30, 2008.  It has long been the practice in this office that a pleading is considered “filed” on the day it is mailed.  Therefore, the objection to the consideration of these statements is overruled and all the material filed by the parties has been considered.

[2] This change-of-address order is not in the record, so the exact address is not known.

[3] This Order references an original Ex-Parte Order of Protection, issued on February 7, 2008, but that original Order is not part of the record.

[4] There is not sufficient information in the record to determine who, if anyone, is actually operating the business at this time.