Free Consultation: (610) 434-7138Tap to Call This Lawyer
Mark Scoblionko

Mark Scoblionko

Scoblionko, Scoblionko, Muir & Melman
  • Business Law, Insurance Claims, Medical Malpractice...
  • Pennsylvania
Badges
Claimed Lawyer ProfileQ&A
Summary

Native 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 personal injury and commercial litigation, business and corporate law, real estate.

Practice Areas
  • Business Law
  • Insurance Claims
  • Medical Malpractice
  • Personal Injury
  • Products Liability
  • Health Care Law
  • Nursing Home Abuse & Neglect
  • Construction Law
Additional Practice Area
  • Automobile Accidents
Fees
  • Free Consultation
  • Credit Cards Accepted
    VISA, MasterCard
  • Contingent Fees
    (For personal injury matters)
Jurisdictions Admitted to Practice
Pennsylvania
3rd Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
Professional Experience
Scoblionko, Scoblionko, Muir & Melman
- Current
Education
University of Michigan - Ann Arbor
J.D. / Law
-
Honors: Graduated with Honors
Activities: Assistant Editor, University of Michigan Law Review; Research Assistant, Constitutional Law
Cornell University
B.A. / English
-
Awards
Lifetime Service Award
Jewish Federation of the Lehigh Valley
Awarded upon retirement from the Board of the Jewish Federation
Professional Associations
Pennsylvania State Bar
Member
Current
Lehigh County Bar Association
Member
Current
American Bar Association
Member
Current
Pennsylvania Association for Justice
Member
Current
American Association for Justice
Member
Current
Jewish Day School of the Lehigh Valley
Counsel
- Current
Activities: Provide pro bono services, including financing, contracts, general litigation.
Jewish Community Center of Allentown
Counsel
- Current
Activities: Provide pro bono legal services in a variety of areas, including financing and real estate.
Jewish Day School of Lehigh Valley Supporting foundation/Endowment
President
- Current
Activities: Provide endowment support for Jewish Day School of the Lehigh Valley
Jewish Federation of the Lehigh Valley
Board Member/Vice President
-
Activities: Served as Vice President, Campaign Chair, and Co-Chair of Strategic Planning; Performed merger of Federations in Lehigh and Northampton Counties
Publications
Articles & Publications
Notes
Michigan Law Review
Certifications
Civil Trial Advocate
National Board of Trial Advocacy
Websites & Blogs
Website
Website
Legal Answers
219 Questions Answered

Q. My father passed away recently. He died with no will and his only asset was his home. My step mom is not on the deed
A: Under these circumstances the house would pass to your stepmother, your sister and you. If you give her a deed you would forfeit all your rights. If you wish to keep rights in the event of a sale, you need to speak with your own lawyer. If all three of you are on the new deed, you could all sign the new mortgage to refinance, but she could sign the note alone. There would then have to be an agreement among you to credit her, in the event of a sale, for payments she has made on the note or for improvements. Alternatively, you could enter into an agreement that, if the house is sold, you and your sister would be paid the current market value of the home. These are just examples. As indicated, this must be discussed with your own lawyer.
Q. If there are liens against an estate when someone dies, will their automobile be seized?
A: All debts of an estate must be paid before property can lawfully be distributed. If property is distributed without satisfying debts, the distributed property can be seized and the executor/administrator can be held personally responsible.
Q. What is the correct verbiage to use in PA real estate deed conveying property owned by a h/w and one spouse is deceased?
A: You need a lawyer to do this for you. The quick answer is that the conveyance would come from the surviving spouse alone. In the portion of the deed known as the "recital," there would be a reference added to the death of the other spouse. You might also be advised to file a death certificate with the new deed in the Recorder of Deeds' office.
Q. I live in the state of PA, I'm in an ownership of a house and property with my father and his brother.
A: The fact that your uncle is married has nothing to do with a division of the proceeds upon sale of the property. The only question is whether your aunt has a separate ownership interest referenced in the deed. Although your question is unclear, I assume that the deed identifies only you, your father and your uncle as owners. If that is the case, on sale, each of you would receive one-third of the net proceeds.
Q. I went to a bar and got blacked out drunk and fell in the bars parking lot. I broke my collar bone.
A: You should review this with a lawyer. If you were served alcoholic beverages while in a visibly intoxicated condition, you could have what is called a "dram shop," or liquor liability, case. You can prove this through witnesses who would testify that you were served while visibly intoxicated. You may also be able to prove visible intoxication circumstantially because you passed out in the bar's parking lot. This needs to be reviewed with a lawyer.
Q. in order to keep house, do we have to pay off all debt left by deceased family member?
A: In all likelihood, all debt, administration expenses and taxes would have to be paid in order for you to acquire the house by inheritance. Further, if the Will provides that the house is to pass to all five children, the other children would have to formally renounce. This needs to be thoroughly reviewed with a lawyer.
Q. property with no will
A: An estate needs to be opened, and you would need a lawyer to do that. You and your sister should be entitled to half the property, or the net proceeds of the sale, and the surviving spouse would be entitled to the other half. The half for you and your sister would be subject to a 4.5% Pennsylvania inheritance tax, whether the house is sold or distributed in kind.
Q. Who owns this land in Pennsylvania (no home on it, in residential area) and what are the steps to sell it?
A: This is obviously a very complicated fact pattern, which must be discussed in person with a lawyer. Because of the number of people involved and the fact that various people have died, it may be necessary to open other estates and/or re-open estates that were closed. As best as I can tell, your grandfather took title by right of survivorship when your grandmother died. His estate never conveyed title to his four children, one of whom was your dad. His estate should likely be re-opened to make that conveyance. Your first uncle who died left only a wife and he is now deceased. Consequently, there would be a conveyance of one-fourth to that uncle's estate, which would, in turn, immediately convey it to the surviving wife. If she is living, she owns one-fourth. The second uncle died unmarried and childless, and with no Will. An estate must be opened for that uncle to receive a one-fourth share from your grandfather's estate, and then immediately convey one-eighth each to your father's estate and your aunt's estate, which would each own three-eighths of the property at that point. Based on your description, your mother received your father's three-eighths share, but would have to have a deed from his estate to support that. The final three-eighths share owned by your aunt would pass by her Will or, if she had no Will, by intestacy. Her husband likely would have gotten a share (unless he pre-deceased her), but, since he has died, each of their children likely ends up with a three-sixteenth share. You need a lawyer to carefully review the deed and all the estate situations to piece things together. The fact that your mother or others paid certain bills is irrelevant except that she, or others, would be entitled to be reimbursed for those bills from the sale proceeds. It sounds like all the people with interests, presumably your late uncle's wife, your mother and your two cousins, would have to participate in a sale, and such a sale could be accomplished only by completing the necessary steps to be able to have deeds executed to complete the full chain of title. It is also possible that a lawyer will recommend that a quiet title action be filed, if loose ends remain. Unfortunately, this is likely to be a time-consuming and expensive process.
Q. What are the major differences between a right of way and an easement?
A: A "right of way" is a type of easement. There can be other types of easements. For example, a septic system may have to be located on "Parcel B" to service "Parcel A." This results in creation of an easement. In a right of way situation, sometimes the right of way agreement simply says that owners of one tract can cross another tract, without locating the right of way. Better practice, especially if there is a road or path, is to include a legal description of the location of the right of way so that the use of the property where the right of way exists is appropriately limited to a precise location. Here, if the owners of the affected tracts agree that the right of way may be extinguished, a lawyer can prepare an easement termination agreement, which can be recorded. Some payment may be required in order to bring about an agreement. If the parties are not in agreement, you would need to start a suit to seek to extinguish the easement on the basis of "legal abandonment." In either event, you would need to consult a lawyer to assess the situation and possibly deal with the other party.
Click here to see all answers
Contact & Map
2030 W. Tilghman St.
Suite 105
Allentown, PA 18104
USA
Telephone: (610) 434-7138
Cell: (610) 657-7138
Fax: (610) 434-6020