In the Matter of the Complaint Against REGENCY MARKETING or NORTHERN PUBLICATIONS or MERIDIAN DISTRIBUTORS CO. 82 Albion Street Wakefield, MA 01880 SUTTON ENTERPRISES or SHANNON INDUSTRIES 1430 Massachusetts Avenue Cambridge, MA 02138 SPENCER INDUSTRIES or S. INDUSTRIES or S. L. or C.W. or SUTTON ENTERPRISES 400 Commonwealth Avenue Boston, MA 02215 EASTERN ASSOCIATION 3 Seward Road Stoneham, MA 02180 P.S. Docket No. 14/135; 06/02/83 Cohen, James A. APPEARANCES FOR COMPLAINANT: SandraC. McFeeley, Esq. George E. Hazel, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112 APPEARANCES FOR RESPONDENT: Richard DeMarco Stephen DeMarco William DeMarco 3 Seward Road Stoneham, MA 02180-1124
On May 19, 1983, Complainant filed a "Petition for Orders Based on Breach of Consent Agreement" in which it alleges that Respondents have breached the terms of a Consent Agreement executed on November 9, 1982. Complainant contends that Respondents have breached the terms of the Consent Agreement by resuming the activities which they agreed to discontinue using the name and address: Royal Publishers, 38 Montvale Avenue, Stoneham, Massachusetts 02180-2428.
In its Petition, Complainant sought the issuance of a temporary detention order against Respondents 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 May 20, 1983. The Order authorizing the temporary detention of Respondents' mail granted Respondents a period of ten days in which to file a reply to Complainant's Petition. On June 1, 1983, Respondents advised that "We have decided to end our business at Royal Publishers, 38 Montvale Ave. All the mail may be sent back to the senders." This is construed as Respondent's consent to the issuance of the False Representation Order sought 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.