United States Postal Service(TM)


 In the Matter of the Complaint Against

 THE SOURCE
 1706 Central S.E. 
 at Albuquerque, NM 87106

 P.S. Docket No. 11/85;  

 08/23/82

 Cohen, James A.  

 APPEARANCES FOR COMPLAINANT:
 SandraC. McFeeley, Esq.
 James A. Harbin, Esq.
 Consumer Protection Division
 Law Department
 U.S. Postal Service
 Washington, DC 20260

 APPEARANCE FOR RESPONDENT:
 Daniel Shapiro, Esq.
 P. O. Box 2226
 Albuquerque, NM 87103


POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On July 28, 1982, Complainant filed a "Petition for Issuance of Order Based on Breach of Consent Agreement" in which it alleges that Respondent has breached the terms of a Consent Agreement executed by James Lassasso on August 31, 1981. Complainant contends that Respondent has breached the terms of the Consent Agreement by resuming the activities which it agreed to discontinue. The name and address under which Complainant contends Respondent conducts the resumed activities which constitute a breach of the Consent Agreement are: T.I.M. Wholesale, 5701 Central Street, N.E., Albuquerque, New Mexico 87108.

In its Petition, Complainant sought the issuance of a temporary detention order against the above name and address 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 29, 1982. The Order authoriziing 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.