In the Matter of the Complaint Against MUMMERS, P. O. Box 27013 at Philadelphia, PA 19118-7013, et al., LAW ENFORCEMENT ACADEMY, P. O. Box 703 at Carlisle, PA 17013-0703, et al. P.S. Docket No. 22/67 and P.S. Docket No. 22/99 April 17, 1987 James A. Cohen Judicial Officer APPEARANCES FOR COMPLAINANT: Sandra C. McFeeley, Esq. Walter P. Kenney, Jr., Esq. Consumer Protection Division Law Department United States Postal Service Washington, DC 20260-lll2 APPEARANCES FOR RESPONDENT: Richard J. Garden Robert Verbeem 1776 Ringling Boulevard Sarasota, FL 33577-6836 Robert R. Schwarz, Jr. P. O. Box 1289 Nashua, NH 03061-1289
On March 9, 1987, Complainant filed a Second Petition For Orders Based on Breach of Two Consent Agreements in which it alleges that certain of the Respondents have breached the terms of the two Agreements executed on November 14 and l9 and December 12, 1985. Complainant contends that Respondents Richard J. Garden, Robert Verbeem, Tickets America, Inc., and Extravaganza, Inc., along with their agent Robert R. Schwarz, Jr., are currently engaged in fund raising activities in which they falsely represent the purpose of the activity and the beneficiaries of the funds solicited. Complainant therefore requests the issuance of a False Representation Order against the name and address to which Respondents currently solicit funds, National Association of Physically Handicapped Show Fund, P. O. Box 1289, Nashua, New Hampshire 03061-1289, and a supplemental Cease and Desist Order against the individual and corporate Respondents and their agent.
On March 10, 1987, an Interim Order as authorized by paragraph 6 of the Agreements was issued directing the detention of mail addressed to the National Association of Physically Handicapped Show Fund at the above New Hampshire address, pending resolution of the issue concerning breach of the Agreements. In the Interim Order, Respondents were granted a period of ten days in which to file a reply to the Petition. No reply has been filed by Respondents within the time allowed, or as of the date of this Decision. In the absence of a reply, the allegations of the Petition, which are supported by the exhibits attached thereto, are deemed to be admitted. The unchallenged allegations make a prima facie showing that Respondents continue to solicit money for fund raising activities by means of false representations in violation of the terms of the two Agreements.
Accordingly, pursuant to the terms of the Agreements, the False Representation Order and supplemental Cease and Desist Order sought by Complainant and authorized by 39 U.S.C. 3005 are being issued with this Decision.