Scoblionko, Scoblionko, Muir & Melman
About Mark ScoblionkoNative of the Lehigh Valley. Has been the President of Scoblionko, Scoblionko, Muir & Melman since 1975. Married to Deena since 1964; two children, three grandchildren. 2012 recipient of the Lifetime Service Award from Jewish Federation of the Lehigh Valley. Certified as "Civil Trial Advocate" by National Board of Trial Advocacy. Focuses on civil litigation, business and corporate law, real estate.
- Business Law
- Construction Law
- Health Care Law
- Insurance Claims
- Medical Malpractice
- Nursing Home Abuse & Neglect
- Credit Cards Accepted
- VISA, MasterCard
- Contingent Fees
- (For personal injury matters)
- Free Consultation
Jurisdictions Admitted to Practice
|Civil Trial Advocate (National Board of Trial Advocacy)|
|Scoblionko, Scoblionko, Muir & Melman|
|University of Michigan - Ann Arbor||J.D.||Law|
|Honors: Graduated with Honors|
|Activities: Assistant Editor, University of Michigan Law Review; Research Assistant, Constitutional Law|
|Counsel||Jewish Community Center of Allentown||2010-Current|
|Details: Provide pro bono legal services in a variety of areas, including financing and real estate.|
|Counsel||Jewish Day School of the Lehigh Valley||2010-Current|
|Details: Provide pro bono services, including financing, contracts, general litigation.|
|President||Jewish Day School of Lehigh Valley Supporting foundation/Endowment||1990-Current|
|Details: Provide endowment support for Jewish Day School of the Lehigh Valley|
|Board Member/Vice President||Jewish Federation of the Lehigh Valley||1985-2012|
|Details: Served as Vice President, Campaign Chair, and Co-Chair of Strategic Planning; Performed merger of Federations in Lehigh and Northampton Counties|
|Lifetime Service Award||Jewish Federation of the Lehigh Valley|
|Awarded upon retirement from the Board of the Jewish Federation|
|Member, Pennsylvania State Bar|
|Member, Pennsylvania Association for Justice|
|Member, American Bar Association|
|Member, Lehigh County Bar Association|
|Member, American Association for Justice|
- Overall: 60th
- This Year: 13th
- Last 30 Days: 10th
- Overall: 25 Answers
- This Year: 25 Answers
- Last 30 Days: 5 Answers
Q: Can deed be severed when listed as joint tenants with right of survivorship, not in common?
A: Your question is unclear. What I understand you to be saying is that you and another individual own/owned a property as joint tenants with right of survivorship, and that the other person, without your participation, executed a deed conveying a life estate to himself, with something to pass to his four children on death. It's unclear if he tried to convey all or just a portion of the property. In any case, a deed for joint property without the participation of the other joint owner is not valid. However, you would not want to simply let it sit, as there will clearly be problems in the future. You need to consult a lawyer to get advice as to whether you need to sue to get the new deed stricken off, as it is currently a cloud on title, or to seek a declaration that this act should force a severance of the title and a sale.
Q: Can parents sue me if I am driving a district van, get into an accident and kill a student or am I covered with district
A: Your question is missing some basic facts, but I will try to give you an overview. If you were an employee of a school district, you certainly can be sued for your own negligence. If this were to happen, it would ordinarily be expected that the school district's motor vehicle insurance policy would provide you with a defense and insurance coverage. Your personal motor vehicle policy may provide excess coverage. However, without my getting specific, I can tell you that there are likely policy exclusions in your personal policy that would prevent it from applying. Furthermore, if this is a public school district, there is a law that limits the liability of the district, and, if you were an employee, that limited liability will likely apply to you. It would be in your best interests for you to review this matter thoroughly with a lawyer.
Q: Is there a time limit after a house is listed with realtor before a homeowner can sell direct?
A: Ordinarily, a listing agreement runs for a particular period of time. If the home is put under an agreement of sale during the listing period, the realtor becomes entitled to a commission when the house is sold, or, often, if the Seller changes his/her mind and defaults under the agreement, irrespective of whether the agreement comes as a result of the efforts of the realtor or not. Further, most agreements provide that, if an individual looks at a house during the listing period and thereafter, within a stated period of time, enters into an agreement of sale, the realtor becomes entitled to a commission. For a truly specific answer to the question, the listing agreement would have to be examined. Certainly, not all listing agreements are the same.
Q: A car drove into our house and destroyed a lot more. Doesn't insurance have to cover everything destroyed?
A: You would first want to make a claim with your own homeowner's insurance company, if you have homeowner's insurance. Your insurance company would presumably pay the claim under and subject to the terms of the insurance policy. If you do not have insurance or have insufficient insurance, you would need to speak to a lawyer about the possibility of suing the driver of the car. If the driver of the car has insurance, it has some coverage for property damage, and, if the driver is at fault, his /her insurance company would be responsible for proven property damage under and subject to the limits of coverage in that policy.
Q: What does we affirm the judgment mean?
A: If you are quoting a statement by a court that heard an appeal from a judgment given by a lower court, it means that the appellate court agreed with the lower court and upheld the judgment. If that is not what you are quoting, I do not understand the question.
Q: How do you file a praecipe for a writ of summons in trespass in allegheny county?
A: The filing of a praecipe for a writ of summons is one of two ways to start a lawsuit. The praecipe for a writ is a simple form and can be picked up at the office of the Prothonotary or Clerk of Courts. The praecipe for a writ is completed with the names of the parties and gets signed. It is then filed with the Prothonotary or Clerk of Courts of the applicable county, and a fee is paid. The Prothonotary or Clerk of Courts then issues the writ and delivers it to the sheriff for service on the defendant. There is paperwork that must be completed for delivery to the sheriff when the praecipe for the writ is filed, and the sheriff will also have fees. If the writ is not served, it does not toll the statute of limitations, which means it is pretty useless until it is actually served. However, if the writ expires for non-service, it can be re-instated any number of times before the statute of limitations expires. Once the writ is served, a defendant may choose to serve the plaintiff (in this instance, you) with a Rule to File a Complaint. You then have a limited time to file a detailed, formal Complaint. If you do not, the case can be dismissed and your work and fees will be useless. Furthermore, it is highly unlikely that you could proceed to prepare your own Complaint and proceed with a lawsuit without the help of a lawyer. In other words, this is a long-winded answer to tell you that, although your question appears simple, it is just the beginning of a complicated process for which you need a lawyer.
Q: As a realtor in PA, if I promised in writing a 1500 gift card to a buyer and did not give it, am I bound to give it?
A: There are insufficient facts in this question to enable an accurate answer to be given. The quick answer is Maybe. If the promise was simply an unsupported (gratuitous) promise that did not have what the law refers to as consideration, the promise is likely not binding. However, if, for example, the promise was made to entice someone to sign on as a client or to buy a property, it could well be binding. Whether or not the promise is written most likely does not affect the question of whether or not the promise is binding. Suggest you review all the facts with a lawyer familiar with contract law to get a complete and accurate answer.
Q: If I am in an car accident in Allegheny county, pa what court system would have jurisdiction
A: If the accident happened in Allegheny County, the Court of Common Pleas of Allegheny County would have jurisdiction. The Court of Common Pleas of the county of residence of the defendant, whether that is you or another driver, if other than Allegheny County, would also have jurisdiction. If the parties to the lawsuit are from different states, and if the value of the case is large enough, the United States Court for the Western District of Pennsylvania might also have jurisdiction. If you consult with a lawyer, he/she can help you sort out these issues.
Q: On a jointly owned home, can one owner take out a 2nd mortgage while the other owner is a non-obligor for that loan?
A: It is first vital to determine if you are using the correct terminology. Joint ownership, the term you used, means that you and your brother own the house together, and, if one dies, it automatically passes to the other by right of survivorship. In such a case, both parties must sign the mortgage and any deed of sale. Tenants in common means that you each own half the property. Either can theoretically sell his half or mortgage his half, without participation by the other. There is no right of survivorship, so, if one dies, that half interest passes through his estate. However, even in a tenancy in common, it is unlikely that a bank would grant a mortgage on only a half interest in the property, since, if the bank had to foreclose, it would end up owning the property with you. Nonetheless, if this is a tenancy in common, you can explore that. If this is a joint tenancy, you can see if the bank will allow him to sign a Note alone and accept a non-recourse mortgage from the two of you. That would limit your liability on the second mortgage to your interest in the land, but he would be fully liable on the Note. You clearly need legal advice to help you with this. Moreover, if the bank will not do it, you would have to sign all the paperwork and also be fully at risk, subject to being re-paid by your brother. Of course, if he defaults, the chances of his repaying you are nil. There is one other major potential problem! Even if you are successful in limiting your liability on the second mortgage,under any scenario, if your brother defaults on the second mortgage, it will undoubtedly trigger a default on the first mortgage also. I assume that you are on that one. Thus, your assets would be at risk, and, if your brother is squeezed by the second mortgage default, you could end up having to pay much more than only 50% of the first mortgage if that is also now under default. In summary, this is a very complex legal issue, and you need help from any attorney.
Articles & Publications
Michigan Law Review