United States Postal Service(TM) 


 In the Matter of the Complaint		)   November 23, 1992 
 Against				)
					)
 ANTHONY SERGIO				)
 d/b/a/ GLOBAL WIDE MAILERS		)
 615-C East Street 			)
 at					)
					)
 Elkhart, IN  46516-3652		)   P.S. Docket No. 37/164



 APPEARANCES FOR COMPLAINANT:		H. Richard Hefner, Esq.
 L. Terrance Spencer Finley, Esq.
 Consumer Protection Division
 United States Postal Service
 Washington, DC  20260-1144



 APPEARANCE FOR RESPONDENT:		Anthony Sergio
 615-C East Street
 Elkhart, IN  46516-3652

POSTAL SERVICE DECISION
ON BREACH OF AGREEMENT CONTAINING
CONSENT ORDER TO CEASE AND DESIST

On October 26, 1992, Complainant filed a Petition alleging that Respondent Anthony Sergio has breached the terms of an Agreement Containing Consent Order to Cease and Desist executed on January 29, 1991. In the Petition, Complainant contends that Respondent has breached the terms of the Agreement by continuing to make the false representations which he agreed to discontinue. The name and address to which Respondent currently seeks remittances and against which a false representation order is requested to be issued is QUALITY MAILERS, P.O. Box 310, Edwardsburg, MI 49112-0310.

On October 27, 1992, an Interim Detention Order as authorized by Paragraph 7 of the Agreement was issued directing the detention of mail to the above name and address. The Interim Detention Order granted Respondent a period of 10 days in which to file a reply to the Petition. No reply to the Petition has been filed by Respondent within the time allowed or as of the date of this Decision. In the absence of a reply, the allegations of the Petition are deemed to be admitted. The unchallenged allegations, supported by the attachments to the Petition, make a prima facie showing that Respondent has breached the Agreement in the manner alleged in the Petition.

Accordingly, pursuant to the terms of Paragraph 7 of the Agreement, the interim detention order will remain in effect and a False Representation Order as described 39 U.S.C. § 3005(a) will be issued within 30 days from the date of this Decision unless Respondent advises the Judicial Officer that judicial review of the Decision has been sought. 

					James A. Cohen
					Judicial Officer