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
198 Questions Answered

Q. My husband & I own a cottage in PA with one other person. All names are on deed. Ownership in common. How can we sell?
A: If the three of you agree to sell, you can sell. If there is no unanimous agreement, you cannot sell.
Q. I recently sold my home, the mortgage payoff amount was off my roughly 6000.00. Who is responsible?
A: Ordinarily, the title company requests a pay-off letter. A seller usually has either an amortization schedule or an interest statement from the preceding end of year, which should show the outstanding mortgage balance. Those can be used as approximations of the balance at closing date to compare to the pay-off letter. Additionally, the seller can request his/her own pay-off letter.
Q. Does real estate transfer tax apply to joint tenancy survivor if sold to lineal descendant of deceased joint tenant?
A: When your father died, the property automatically passed to you by right of survivorship, if you have correctly stated that you and your father owned the property as joint tenants, not as tenants in common. The fact that his name is still on the deed is irrelevant. Therefore, the conveyance to your nephew is a conveyance from you, alone, and the entire conveyance would be subject to transfer tax since a conveyance to one's nephew is not an exempt transfer.
Q. We are moving out and my landlord won't let us sublet because she's now selling. Is this allowed?
A: Unfortunately, there is no quick or inexpensive answer. Whether or not the landlord's position is reasonable would, in large part, depend upon how the landlord and her buyer feel about the character and credit-standing of your potential tenant, assuming one has been identified. Furthermore, in order to get a definitive answer to your question, you would have to sue the landlord in a declaratory judgment action to get a court's determination as to whether she is or is not being reasonable. It is possible that, once she is sued, she would change her mind, but it is possible that she wouldn't. Depending on the length of your lease and the rent you are obligated for, such a suit might well not be cost-justified. You would need to consult a lawyer to explore all this.
Q. My parked unoccupied car was hit by a drunk driver who was not the owner of the car. Who is responsible for the damage
A: Clearly the driver is responsible. The matter would have to be reviewed by a lawyer to determine if there is a case against the owner for what is called "negligent entrustment," and/or, if the driver was drinking at an establishment which held a liquor license, if there is a case against the establishment for what is called "dram shop liability."
Q. Is there any way to avoid paying the property transfer tax in a divorce situation?
A: There should not be a transfer tax on a conveyance from two former spouses to one ex-spouse as part of a divorce settlement. However, unless the mortgage holder will agree to remove the ex-wife's name from the Note and Mortgage, which would require a Release, you will have to pay off the Mortgage or re-finance. You should review this with a family law attorney.
Q. We're selling our property in PA,both spouses names are on the deed.How to avoid the hassle of the second signature?
A: I don't know why it is a hassle. Both spouses can pre-sign the deed in the presence of a notary in advance of closing, and one spouse can deliver the deed at closing. The only way to avoid having both spouses sign the deed is for one spouse to give a Power of Attorney to the other, but that is likely more of a hassle.
Q. i am named co-borrower on my mortguage. the borrower moved out from property in june 2005. can i sell the home?
A: Your question is not really clear. Only the owner or owners can sell a home. If the person who moved out in 2005 is an owner, that person would be a necessary participant in any sale.
Q. Can my mom sign over the mortgage on her condo to me or do I have to buy it from her?
A: For your mother to get off the mortgage and for you to become the mortgage obligor you need to be the owner of the property. She can gift it to you or sell it to you, as the two of you prefer. If she gifts it or sells it for less than fair market value (which would still be a gift), there are potential gift tax consequences, which you would need to review with a lawyer or an accountant. In all likelihood, this could be claimed by your mother as part of what is called a "lifetime gift exclusion," so there would be no tax actually owed. However, a gift tax return should still be filed. As part of the transaction you would have to apply for a new mortgage, which would be used to pay off the existing mortgage in your mother's name. There would be no transfer tax because this would be a conveyance from mother to child. You would be best advised to consult a lawyer to help you.
Click here to see all answers
Contact & Map
40 S 5th St
Allentown, PA 18101
USA