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.
Directory Practice Areas
- 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: 56th
- Overall: 36 Answers
- This Year: 15 Answers
Q. I am in the middle of a nasty divorce. I moved out of the house 3 years ago. He can have the house.
A: If the mortgage lender and your husband agree, you can transfer the house to your husband and be released from the mortgage. If either one does not agree, you cannot be released/removed from the mortgage. However, this could seriously affect your equitable distribution claims in the divorce matter. This needs to be carefully reviewed with a domestic relations lawyer.
Q. Lot B is subdivided from lot A. Later it's discovered that one side of B overlaps with A. Who gets the consideration?
A: There are lots of facts missing here and you need to consult a lawyer. The issue of "who gets the consideration" is down the line. First, it sounds like there were errors in the subdivision plan and in the legal descriptions for the two new pieces. Someone is going to have to pay to have new plans and legal descriptions done and to go back to the municipality to get a new approval. As part of that process, you need to verify that all zoning requirements, such as setbacks, are met in the new configuration. New deeds are going to have to be done so that the erroneous acreage can be given back. You will thus also need a new legal description for the erroneous piece to be given back. If the Recorder of Deeds refuses to accept this as a "correction," transfer tax may be assessed again. The purchase price may be controlled by the Agreement of Sale. If the price is calculated by acreage,or if there was a representation of land content, the price likely should now be rateably adjusted. On the other hand, if the price was just "for Tract 'B'," irrespective of land content,and there was no representation of land content, it is arguable that there should be no adjustment of purchase price.
Q. My boyfriend and I broke up after we bought a home jointly. I make payments, and want to sell. What do I do?
A: When unmarried people buy a home, they are best advised to consult lawyers to write an agreement to address this type of situation. It sounds like you did not do that. At this point, you need a lawyer to help you with this. You said that you bought the home "jointly." Joint ownership is often confused with tenancy in common. In joint ownership, the title is truly owned together and, if one person dies, the other person automatically owns the whole property by right of survivorship. In a tenancy in common, each person owns half and can theoretically sell his or her half. In the event of death of one owner, the decedent's share passes through his or her estate and does not automatically pass to the survivor. The first thing here is to verify what you have. If you have a true joint tenancy, if the boyfriend won't agree to sell, you would have to file what is called a "partition" action, which splits the property into tenancy in common. You might then have to sue the boyfriend to get a judgment and then foreclose on his half in order to then be able to sell the property. If the property is already owned as tenants in common, you can skip the partition step and simply sue him. All of the foregoing has skipped the preliminary question of whether or not you even have the right to force a sale of the house in the absence of an agreement. If he is living in the house and not paying, but simply does not want to sell, you could be limited to recovering his monetary obligations but be prevented from selling. In short, this is a very complicated problem and, on top of that, there are facts missing. You need a lawyer to sort this out and properly advise you.
Q. Should rent be prorated if term of lease is for only 50 weeks, 8/23/14 thru 8/7/15. Owner is asking for 12 equal payment
A: This is a question that is completely a matter of what will be agreed to between the parties. However, if the owner were requesting 11 equal payments for the first 11 full months, with a final prorated payment for the last two weeks, the first 11 payments would be higher than if the owner were requesting 12 equal payments. Thus, it sounds like the owner is giving you a break, if I correctly understand your question.
Q. What is a Special Warranty Deed?
A: A "special warranty" deed is the type of deed used most frequently in Pennsylvania real estate sales. It essentially represents that the seller did nothing to weaken the status of title from the time that he/she received it. A "general warranty" deed, which I have not seen used in many years, contains a representation by the seller that the title is good, going all the way back, even prior to the seller's receiving title himself/herself. A "quit-claim" deed is a deed that contains no warranties at all. It basically says that the buyer is getting the title "as is, where is." There is also a special deed given by an estate's administrator or executor, which contains limited warranties that affect the situation.
Q. A woman left her house to her three grandchildren. They don't want it, but their father, the woman's son, does.
A: If the deceased grandmother wrote a Will leaving the house to the three grandchildren and they renounce the bequest, the house passes as part of the residuary estate (that is, the balance of what is left). The father does not get the house automatically simply because the grandchildren renounce. If the grandchildren are also the residuary beneficiaries, they would then have to renounce the residuary estate, or at least that part of it. That would create a complete or partial intestacy. In other words, it is treated as if there is no Will, and the laws of intestate succession kick in. If the son/father is the only living child of the deceased grandmother, he would end up with the house. However, if there are siblings, they would share equally. Also, if there is a living grandfather, he would have rights. You need a knowledgeable estates lawyer to help shake this out.
Q. A car dealer wrecked my car on a test drive. what kind of lawyer would i need to help me?
A: There are really two different questions here. It is not important that it was a car dealer who damaged your car on a test drive. The answer is the same whether it was a dealer or non-dealer. You simply need a lawyer who deals with automobile accidents. The insurance company that has liability responsibility will inspect and appraise the car and determine, in its opinion, whether the car should be declared a total loss. If you disagree with that decision, you would have to sue the insurance company, presumably with the same lawyer.
Q. Auto accident
A: It is not unusual for certain symptoms to come out several days after an automobile accident. It is also not unusual for certain symptoms which are stronger to mask certain symptoms which are not so strong. Therefore, the fact that you initially did not experience pain in your left shoulder, in and of itself, is not necessarily a major issue for you. Obviously, a lawyer that you consult will need to take a history. If, by way of example, you have a past history of left shoulder problems or you had some type of incident involving, or possibly involving, your left shoulder after the car accident, that could very well impact upon your claims for the automobile accident. In short, it is not really possible to answer your question without getting more details.
Q. What is spot zoning and how do we stop it
A: "Spot zoning" refers to a request that a specific, small section be carved out of an exisiting zoning area and re-classified to a new zoning area to accomodate a new intended use. The name comes from the fact that a "spot" out of an existing zoning area is sought to be changed. If a practice is, indeed, "spot zoning," the practice is unconstitutional. In order to try to stop it, you need to consult knowledgeable zoning counsel and challenge the process in the administrative bodies considering the zoning change and, if necessary, go to court to seek a reversal and an injunction.
Articles & Publications
Michigan Law Review