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Bianca A. Roberto is a member of Stark & Stark’s Litigation, Bankruptcy & Creditors’ Rights, Employment, Beer & Spirits, and Business & Corporate Groups. Ms. Roberto concentrates her practice in all areas of civil and commercial litigation, including the counseling and representation of clients in estate litigation, business and commercial disputes, residential and commercial real property disputes, and employment matters.

Like most events in our lives these days, Sheriff Sales of real estate have gone virtual. Bucks County, Pennsylvania has joined Philadelphia, Montgomery, Berks, Adams, and Monroe Counties in holding virtual county Sheriff Sales. An online auction company, Bid4Assets, is used by each of these counties to produce virtual sales. The Philadelphia Sheriff’s Office has held two virtual town halls to introduce the platform and answer the public’s questions regarding the change.

Continue Reading Pennsylvania Sheriffs’ Sales Moving to Online Platforms

The Philadelphia Municipal Court issued an Order stopping service of writs of possession and alias writs in residential eviction cases. On November 6, 2020, the court directed that any writs previously issued in any residential case cannot be served until after December 31, 2020. However, landlords can seek relief from the Order with a showing of good cause to serve the writs.

Continue Reading Another Setback for Pennsylvania Landlords

A lawsuit filed by Allegheny County and the Allegheny County Health Department (“ACHD”) against The Cracked Egg, LLC may be transferred to the United States Bankruptcy Court for the Western District of Pennsylvania. The Cracked Egg is a restaurant located in Allegheny County, Pennsylvania. Following an investigation by the ACHD in August, the restaurant was ordered to close because it did not comply with mask or facial coverings guidelines.

Continue Reading Restaurant’s Challenge to COVID-19 Declarations Could Go to Bankruptcy Court

Today, the Philadelphia Municipal Court issued an Administrative Order postponing Landlord Tenant cases that are currently scheduled for a hearing before the Municipal Court between July 6, 2020 and September 2, 2020 until further order of the Court. Governor Wolf’s May 7, 2020 Executive Order previously extended the moratorium on certain evictions and foreclosures from May 11, 2020 to July 10, 2020.

Continue Reading Philadelphia Landlord Tenant Cases Postponed Until Further Notice

Yesterday, Governor Wolf signed an Order staying evictions that would require compliance with the Pennsylvania Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act for 60 days, until July 10, 2020. The Order provides that the timelines necessary to start an eviction action are tolled until July 10, 2020. The Order also puts foreclosures requiring compliance with Act 6 and Act 91 on hold for the same 60 day period.

Continue Reading Pennsylvania Evictions, Foreclosures & the CARES Act

Evictions are currently prohibited in Pennsylvania through April 30, 2020. The Supreme Court of Pennsylvania’s April 1, 2020 Second Supplemental Order prohibits evictions, ejectments, or other displacements from a residence for non-payment of rent or taxes, or a mortgage foreclosure.

Despite the ban, landlords are permitted to send termination notices during the moratorium period. Once the eviction ban is lifted, if a tenant remains in breach of the terms of their lease, a landlord will then be able to file an eviction or ejectment action.


Continue Reading Evictions in Pennsylvania During the Pandemic

The current pandemic has significantly altered how people work, shop, and communicate with each other. The majority of people who have been fortunate enough to keep their jobs are working from home, and doing most of their shopping teleconferencing and/or videoconferencing from their house or apartment. This creates security concerns for us, both personally and professionally.

Continue Reading Cybersecurity Concerns during the COVID-19 Pandemic

A tenant fails to pay rent or breaches another term of the lease agreement. The landlord terminates the lease. The tenant does not vacate the premises, and does not pay any additional rent. What can you, as a landlord, do to fix this problem? You can get the tenant out, and obtain a judgment for rent owed.

Continue Reading What If: My Tenant Won’t Vacate the Leased Premises?

What do you do if you believe a family member or a friend has become unable to care for themselves or their finances? This is a very stressful and troubling question that, unfortunately, many people end up asking themselves.

In some instances, the individual has an estate plan in place. This might include a power of attorney, or other directive, that indicates who will make important decisions for the individual in the event that they are unable to do so. Sometimes, there is no estate plan, but the individual does not have the capacity to execute estate planning documents, including a power of attorney. All is not lost.


Continue Reading Becoming a Guardian in Pennsylvania