In the Matter of the Complaint Against MERCURY PUBLICATIONS 111 Main Street P. O. Box C. S. 5070 at Southfield, MI 48037 P.S. Docket No. 11/144; 03/19/82 Cohen, James A. APPEARANCE FOR COMPLAINANT: ThomasA. Ziebarth, Esq. Steven B. Caver, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260 APPEARANCE FOR RESPONDENT: George D. Bowman 43726 Simsbury Canton, Michigan 48187
On February 18, 1982, Complainant filed a "Petition for Orders Based on Breach of Consent Agreement" in which it alleges that Respondent has breached the terms of a Consent Agreement executed by George D. Bowman on July 23, 1981. Complainant contends that Respondent has resumed the activities which it agreed in the Consent Agreement to discontinue. The name and address under which Complainant contends Respondent conducts the resumed activities which constitute a breach of the Consent Agreement are G & E Enterprise, P. O.Box 233, Plymouth, MI 48170.
In its Petition, Complainant sought the issuance of a temporary detention order against the above name and address. On the basis of information attached to the Petition, a temporary detention order was issued on February 19, 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.
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.