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 08/19/82 Cohen, James A. APPEARANCES FOR COMPLAINANT: ThomasA. Ziebarth, Esq. Clark C. Evans, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260 APPEARANCE FOR RESPONDENT: David H. Vogel 1323 SE 17th Street, #406 Fort Lauderdale, FL 33316
On July 26, 1982, 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 breached the terms of the Consent Agreement by failing to make refunds as required in paragraph 2 of the Consent Agreement.
In its Petition, Complainant sought the issuance of a temporary detention order against Respondent pending final resolution of the issue concerning the alleged breach of the agreement. On the basis of information attached to the Petition, a temporary detention order was issued on July 27, 1982. The Order authorizing the temporary detention of Respondent's mail granted Respondent a period of 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. These allegations which are supported by the attachments to the Petition make 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 with this Decision.