In the Matter of the Complaint Against EMPIRE/BURLINGTON, INC. P. O. Box 597 at Shawnee Mission, KS 66201-0597 P.S. Docket No. 19/80; 12/10/84 Cohen, James A. APPEARANCE FOR COMPLAINANT: HildaRosenberg, Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-1112 APPEARANCE FOR RESPONDENT: James D. Mayer 5705 Metcalf Court Shawnee Mission, KS 66202-2403
On November 5, 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 13, 1984, by James D. Mayer on behalf of the captioned Respondent. Complainant contends that Respondent has failed to comply with paragraphs 3 and 4 of the Consent Agreement which require it to (1) ship the merchandise ordered by customers within a reasonable time and (2) provide refunds of the full purchase price within ten days from receipt of the refund request. The names and address against which Complainant seeks the issuance of orders are: Empire/Burlington, Inc., Stag Fashion Sportswear, Trojans Fashion Sportswear, Greek Classics, P. O. Box 597, Shawnee Mission, Kansas 66201-0597.
On November 7, 1984, an interim detention order as provided for in paragraph 5 of the Consent Agreement was issued against Empire/Burlington, Inc., Stag Fashion Sportswear, Trojans Fashion Sportswear, Greek Classics, P. O. Box 597, Shawnee Mission, Kansas 66201-0597. 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. Section 3005 is being issued with this Decision.