In the Matter of the Complaint Against CONSUMER SPECIALTY SERVICE P. O. Box 1170 at Florence, AL 35631-1170 P.S. Docket No. 16/21; 12/07/83 Cohen, James A. APPEARANCES FOR COMPLAINANT: H. Richard Hefner, Esq. Clark C. Evans, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112 APPEARANCE FOR RESPONDENT: Daniel Klibanoff P. O. Box 1246 Huntsville, AL 35807-1246
On November 10, 1983, Complainant filed a Petition seeking the issuance of an interim detention order and the order contemplated by 39 U.S.C. § 3005 on the grounds that Respondent has breached the terms of a Consent Agreement executed on February 15, 1983, by Daniel Klibanoff on behalf of himself and the captioned Respondent. Complainant contends that Respondent has breached the terms of the Consent Agreement by resuming the envelope stuffing program which it agreed to discontinue using the name CONSUMER SPECIALTY SYSTEMS at P. O. Box 1246, Huntsville, Alabama 35806-1246.
On November 10, 1983, the interim detention order sought in the Petition was issued. The interim detention order granted Respondent a period of ten days in which to file a reply to the 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 terms of 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.