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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: exhibits


Leon R. Dongelewicz		:	C-00924012
	V.			:
Oneida Water Company, Inc.	:


	On May 13, 1992, Leon R. Dongelewicz (hereinafter 

"Complainant") filed a formal complaint with the Pennsylvania 

Public Utility Commission alleging that inadequate service is 

being provided by Oneida Water Comoany, Inc. (hereinafter 

"Respondent") in that the water pressure to his residence at 

Cheyney Drive, Lot D-70 in the Valley of Lakes/Eagle Rock Resort 

is low.

	Prior to the filing of the complaint, on April 7, 1992, 

Respondent filed a Chapter 11 Petition in Bankruptcy in the 

United States District Court for the Middle District of 


	On or about June 25, 1992, Respondent filed a 

"preliminary motion" asking that this Commission refrain from 

taking any further action upon this proceeding (hereinafter 

"preliminary motion") on the grounds that the Commission lacks 

jurisdiction during the pendency of the Bankruptcy proceeding.  

It also filed a "Memorandum of Law" in support of its said


preliminary motion.  The Office of the Consumer Advocate filed 

its notice of intervention in this matter, and has filed its own 

memorandum of law and supplemental memorandum of law, urging 

denial of the preliminary motion.

	Various pre-hearing conferences were held concerning 

this matter, and various delays in disposing of the preliminary 

motion were agreed upon and ordered by the undersigned due to 

Respondent's continuing efforts to secure financing which would, 

with the Bankruptcy's Court's approval, enable it to remediate 

problems with its water facilities.  Respondent's efforts in that

regard have not been availing, however.

	This Order will dispose of the preliminary motion.  

Respondent's position is that under Section 362(a)(1) of the 

Bankruptcy Code (11 U.S.C. 362(a)(1), an automatic stay of all 

judicial proceedings against the bankruptcy petitioner is 

mandated, That sections states:

	"Except as provided in subsection (b) of this 
	section, a petition filed under section 301 
	[voluntary petition]... of this title... 
	operates as a stay, applicable to all 
	entities, of -

	"(1) the commencement or continuation... of a 
	judicial, administrative... proceeding 
	against the debtor that was or could have
	been commenced before the commencement of the
 	case under this title, or to recover a claim 
	against the debtor that arose before the 
	commencement of the case under this
	title;...."                   	(emphasis added)


	We find that because this instant matter concerns a 

complaint against a public utility for allegedly rendering less 

than adequate service after the filing by the said public utility 

of a petition of bankruptcy, that the "automatic stay of 

proceedings" set forth and quoted hereinabove does not apply.

	OCA, in its supplemental memorandum of law, has cited 

to us Matter of Hadden, 57 B.R. 187 (1986) where it was held that 

while a debtor is afforded a fresh start by the bankruptcy 

filing, it remains responsible for its post-bankruptcy actions.  

The court stated that to hold otherwise would allow the debtor to 

take post-bankruptcy petition actions with impunity.  Therefore, 

the court held, the automatic stay does not afford protection 

from post-petition actions or proceedings which are commenced 

against a debtor, unless the claim could have been brought prior 

to the bankruptcy petition.

	Mr. Dongelewicz could not have brought his complaint of 

poor service rendered after the filing of the bankruptcy petition 

prior to its filing.  The inadequate service about which 

Complainant makes reference in his complaint took place after the 

filing of the petition in bankruptcy.

	Therefore, we now enter the following ORDER:

	1.  That the "preliminary motion of Oneida Water 

Company" filed on June 25, 1992 be and is hereby DENIED.


	2.  That the matter of Leon R. Dongelewicz v. Oneida

Water Company, at C-00924012 be promptly relisted for an

evidentiary hearing, together with the case of Samuel Rizzo v.

Oneida Water Company at C-00924186.

Date  /May 21, 1993/			/s/
					Administrative Law Judge


Leon R. Dongelewicz
Oneida Water Company

	Service of the foregoing document was made on May 21, 

1993 via first-class mail upon the following parties:

	John J. Sellinger, Esq.
	Mattioni, Mattioni & Mattioni
	399 Market Street, 2nd Floor
	Philadelphia, Pennsylvania 19106

	Susan Jin Davis, Esq.
	Christine Maloni Hoover, Esq.
	Office of Consumer Advocate
	1425 Strawberry Square
	Harrisburg, Pennsylvania 17120

	George Morris
	626 Lake Valley Drive
	Valley of Lakes
	P. o. Box 242
	Nuremberg, PA 18241

	Leon R. Dongelewicz
	Cheyney Drive, Lot D70
	P. o. Box 204
	Nuremberg, PA 18241

	Samuel Rizzo
	C-28 Lake View Drive
	Valley of Lakes
	Nuremberg, Pennsylvania 18241

Valley of Lakes RICO Class Action against PNCBANK, et al.

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