United States Postal Service(TM)


 In the Matter of the Complaint Against

 RIA GOLD ENTERPRISES, INC. GRAPHIMATIC PEN COMPANY
 P. O. Box 34457
 at Los Angeles, CA 90034-0457

 and
 9155 Hillsboro Drive
 Los Angeles, CA 90034-1124

 and
 R.G.E. at 13450 Maxella Avenue Suite 327,
 B-185 Marina Del Rey, CA 90291-5630

 and
 6752 Hollywood Boulevard
 Los Angeles, CA 90028-4622

 and
 1800 South Robertson Boulevard Building 6,
 Suite 219 Los Angeles, CA 90035-4317

 P.S. Docket No. 16/62;  
 
 10/05/83
 
 Cohen, James A.  

 APPEARANCES FOR COMPLAINANT:
 ThomasA. Ziebarth, Esq.
 James A. Harbin, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1112

 APPEARANCE FOR RESPONDENT:
 Ria Rogers 6752 Hollywood Boulevard
 Hollywood, CA 90028-4622


POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On September 2, 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 March 7, 1983. 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 addresses: RIA GOLD ENTERPRISES, INC., 2554 Lincoln Boulevard, #522, Marina Del Rey, California 90291-5043 and 1800 South Robertson Boulevard, Los Angeles, California 90035-4352.

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 the Petition and the information attached thereto, a temporary detention order was issued on September 6, 1983, which in addition to authorizing the detention of Respondents' mail, granted Respondents a period of ten days in which to file a reply to Complainant's Petition. On September 15, 1983, Complainant filed a Motion to Amend the Petition to correct the Robertson Boulevard address. The Motion was granted by Order dated September 16, 1983. The Order dated September 16, 1983, did not extend the period for filing a reply to the Petition nor have Respondents sought an extension of that period.

As of the date of this Order Respondents have not filed a reply to the Petition. 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 Respondents have 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.