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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.

Companies that do business in the City of Philadelphia are required to obtain a Commercial Activity License from the City’s Department of Licenses and Inspections (L&I). While there are some exceptions, your company will likely need a license to own and operate a business in Philadelphia. If you or your business operates a non-profit, rents 3 units in a building that you also live in, or is securing a vacant property license, then a different license is required.

Continue Reading Philadelphia’s Commercial Activity License

If you have had construction work performed at your property, then you may have had the unfortunate experience of having a contractor or subcontractor file a mechanic’s lien against your real property. A mechanic’s lien can cause any number of problems when trying to sell your property – most notably, a cloud on your property’s title. It can also come as a shock to a property owner who was unaware that a subcontractor had not been paid in full.

Continue Reading Discharging Mechanic’s Liens in Pennsylvania

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