In the Matter of the Complaint Against QUALITY PRODUCTS, INC. P. O. Box 9726 at Fort Lauderdale, FL 33310 P.S. Docket No. 10/45; 11/02/81 Cohen, James A. APPEARANCE FOR COMPLAINANT: Thomas A.Ziebarth, Esq. Ben A. Kilgrow, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260 APPEARANCE FOR RESPONDENT: David H. Vogel 1323 SE 17th Street, #406 Ft. Lauderdale, FL 33316
On September 29, 1981, Complainant filed a "Petition for Order Based upon Breach of Consent Agreement" in which it alleges that Respondent has breached the terms of a Consent Agreement executed by David H. Vogel on March 3, 1981. Complainant contends that Respondent has resumed the activities which it agreed in the Consent Agreement to discontinue. The names and addresses under which Complainant contends Respondent conducts the resumed activities which constitute a breach of the Consent Agreement are:
NATIONWIDE INDUSTRIES, INC.
P. O. Box 8601
Pembroke Pines, FL 33024
GRAYBAR CHEMICALS, INC.
P. O. Box 15751
Plantation, FL 33317
In its Petition, Complainant sought the issuance of a temporary detention order against the above names and addresses. On the basis of information attached to the Petition, a temporary detention order was issued on October 1, 1981. The Order authorizing the temporary detention of Respondent's mail granted Respondent a period o 10 days in which to file a reply to Complainant's Petition. No reply has been filed by Respondent. In the absence of a reply, the allegations of the Petition are deemed to be admitted.
Complainant has made a prima facie showing that Respondent has breached the Consent Agreement in the manner alleged in the Petition. Accordingly, pursuant to the terms of the Consent Agreement, an Order under 39 U.S.C. § 3005 is being issued contemporaneously with this Decision.