In the Matter of the Complaint Against

 WALTER LEMMERMAN
 d/b/a P.T.C. COMPANY
 640 Evesham Road at
 Glendora, NJ 08029-1744  

 P.S. Docket No. 20/146;  

 07/10/85

 Cohen, James A.  

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

 APPEARANCE FOR RESPONDENT:
 Walter Lemmerman
 640 Evesham Road
 Glendora, NJ 08029-1722 

On June 4, 1985, Complainant filed a Petition alleging that Respondent has breached the terms of an Agreement Containing Consent Order to Cease and Desist (hereinafter the Agreement) executed by Respondent on April 8, 1985. Complainant contends that Respondent has resumed mailing solicitations in the guise of invoices in violation of 39 U.S.C. § 3001(d) and that in so doing he continues to make the materially false representations which he agreed to discontinue.

In the Petition Complainant sought the issuance of an interim detention order and a permanent False Representation Order against Respondent's mail addressed to 640 Evesham Road, Glendora, New Jersey 08029-1744; P. O. Box 336, Cherry Hill, New Jersey 08003-0336; and P. O. Box 99, Runnemede, New Jersey 08029-0099. On June 5, 1985, an interim detention order as provided for in paragraph 5 of the Agreement was issued against Respondent using the name Full Service Supplys at the Cherry Hill, New Jersey address. The interim order was not issued against the other addresses because it was concluded that a prima facie showing that the Agreement had been breached had not been made with respect to those addresses.

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 with respect to the Cherry Hill, New Jersey address 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 Agreement in the manner alleged in the Petition.

Accordingly, pursuant to the terms of the Agreement, an Order under 39 U.S.C. § 3005 is being issued with this decision.