In the Matter of the Complaint Against

 WORLDWIDE PROMOTIONS CORPORATION
 KEVIN J. THOREN
 P. O. Box 8013 at
 Des Moines, IA 50301-8013

 P.S. Docket No. 20/31;  

 02/19/85

 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 H. Richard Hefner, Esq.
 Timothy J. Kruthaupt, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1112

 APPEARANCE FOR RESPONDENT:
 Ralph R. Brown, Esq.
 502 15th Street
 P. O. Box 250
 Dallas Center, IA 50063-0250

Respondent Kevin J. Thoren has filed an "Application to Set Aside Default Order" which was issued on December 21, 1984, after it was determined that the Answer to the Complaint had not been filed within the time provided in the Notice of Answer and Hearing issued pursuant to the Rules of Practice. Complainant has filed a timely reply in which it opposes the Application.

It is undisputed that the Complaint was served on Respondent Thoren on November 26, 1984. Under the Notice of Answer and Hearing served with the Complaint the Answer was to be filed on or before December 11, 1984. The Answer was dated December 13, 1984, and received by the Recorder on December 17, 1984. Respondent Thoren alleges, and Complainant has not denied, that the Complaint served on Mr. Thoren did not include the proposed Orders which Complainant sought to have issued. Respondent Thoren also alleges, and Complainant does not deny, that a Postal Inspector informed Counsel for Respondent Thoren that a copy of the Complaint would be served on counsel, and that at the time the Complaint was actually served on Respondent Thoren, another Postal Inspector told Respondent Thoren that a copy would be served on Respondent's counsel. During the week of December 3, 1984, Counsel for Respondent Thoren became aware that the Complaint had been served on his client but service was not made on him, and he did not receive a copy of the Complaint until one was delivered to him by his client on December 12, 1984. The Answer was placed in the mail on December 13, 1984.

Although service was made in accordance with the Rules of Practice, the Orders sought in the Complaint were not attached thereto and it was reasonable for counsel to rely on the statements of the Postal Inspectors and to expect that a copy of the Complaint would be served on him in sufficient time for him to file a timely Answer. Under such circumstances good cause exists to set aside the finding of default issued against Respondent Thoren and to delete Mr. Thoren's name from the Cease and Desist Order. Accordingly, such action is hereby taken and the matter is remanded to the Administrative Law Judge Quentin E. Grant for appropriate handling.