United States Postal Service(TM)


 In the Matter of the Complaint Against

 THE ARLENE COMPANY, INC.
 5254 Merrick Road
 at Massapequa, NY 11758-6206

 P.S. Docket No. 16/155;  
 
 08/02/84
 
 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 Anne Gallant, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1112

 APPEARANCE FOR RESPONDENT:
 Richard Gassner The Arlene Company, Inc.
 5254 Merrick Road
 Massapequa, NY 11758-6206


POSTAL SERVICE DECISION

ON BREACH OF CONSENT AGREEMENT

On July 13, 1984, Complainant filed a Petition for Orders Based on Breach of Consent Agreement alleging that Respondent has breached the terms of a Consent Agreement executed on May 20, 1983, by Richard Gassner on behalf of the captioned Respondent. Complainant contends that Respondent has breached the terms of the Consent Agreement by resuming the activities which it agreed in the Consent Agreement to discontinue. The name and address which Complainant alleges Respondent uses in conducting the resumed activity and against which it seeks the issuance of orders is: Pro-Chem, 555 Broad Hollow Road, Melville, New York 11747-5001.

On July 13, 1984, an interim detention order as provided for in Paragraph 11 of the Consent Agreement was issued against Pro-Chem, 555 Broad Hollow Road, Melville, New York 11747-5001. 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.