Mark Scoblionko

Mark Scoblionko

Scoblionko, Scoblionko, Muir & Melman
  • Business Law, Insurance Claims, Medical Malpractice...
  • Pennsylvania
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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
158 Questions Answered

Q. A previously declared broken chair failed for me at work, I injured my SI, spine & head, can I proceed with negligence?
A: Since this was a work-related injury, you are limited by law, with one possible exception, to a workers' compensation claim and have no right to sue the employer for negligence. The possible exception is if the "broken chair" had a design or manufacturing defect that led to the first break as well as the second break. You would need to promptly consult with a lawyer about this so that the lawyer could arrange for an examination of the chair by an engineer and preservation of the chair. Without further facts and a detailed examination of the chair, it is impossible to know if you have a meritorious case. As far as timing for your receipt of compensation payments, you would need to check with the representative of your employer who is handling the claim.
Q. I am trying to find out where in the Philadelphia court system my lawyer filed a personal injury claim for me
A: If a suit was filed, you should be able to get the number from the Prothonotary (Clerk of Courts) of Philadelpha County by providing the names of the plaintiff and the defendant. However, you may find it hard to get information by telephone. If so, you would have to personally go to the office, which is in Philadelphia City Hall.
Q. My mother and I are on a deed as Joint tenants with survivorship.Can a will override the deed if I am the survivor?
A: A Will cannot override a deed. However, either joint owner can file an action for partition to separate the ownership of the property. The effect of that would be to convert the property from a joint tenancy to a tenancy in common. At that point a court could order a sale. Further, she is entitled to rent at half the the fair rental value, and each of you is responsible for half the taxes and costs of repairs and public utilities, etc. You need a lawyer to sort this through.
Q. I was my husband's second wife. He passed away. He has 2 grown kids. He owned our house had no will
A: By law, the children get two-thirds and you get one-third. You do not have to pay inheritance tax on your third, as a spouse, but the children will be subjected to a 4.5% inheritance tax. If the children demand that the house be sold to generate money to pay the tax, you will have no choice other than to sell or to take out a mortgage in order to buy out their interests. Alternatively, if your relationship with the children is really good and they are willing to give up their inheritances, they might renounce their interests in the estate. You would then inherit the whole house and pay no tax. You could agree to leave the entire house to them upon your demise or agree that, if the house were to be sold during your lifetime, you would give them two-thirds of the proceeds. You need to consult a lawyer to discuss all this and get advice.
Q. I own a home with fiance. Both names on house. He has become pyscially abusive to me and I now have PFA against him whic
A: Unfortunately, you have a complicated problem and need to consult with a lawyer for advice and handling. I am assuming that there is no agreement, like a pre-nuptial agreement, that planned for a possible break-up and resultant sale of the home. If both of you signed the mortgage and underlying note, both of you are responsible for payments. Yes, he is responsible for his half, but, if he does not pay, you will have to pay everything to the lender, or risk foreclosure, and then go after him to collect his half. That will be time-consuming and expensive, and, undoubtedly, emotionally draining. Secondly, even though you got a PFA, you may be responsible to pay him rent because you are occupying a home that he co-owns. You need to review this with a domestic relations lawyer in order to be adequately advised. Finally, you cannot list the home for sale or sell the home without his agreement and participation, as he is a co-owner. If he will not participate, you will have to file what is called a "partition" action. Basically, that will get you a court order that will allow the house to be sold whether he cooperates or not. Unfortunately, that will also be time-consuming and fairly expensive.
Q. Mother & Father are divorced 30+ yrs, and mother's name is on the deed; he passed away - who owns the house?
A: You will need to consult with a lawyer to sort this out. If both names are on the deed, the question is whether they owned the house as "husband and wife," that is, as tenants by the entireties, or as tenants in common. If the former, the house passes to her automatically, by right of survivorship, unless...If owned as tenants in common, she would own half and half passes through his estate. It is most likely the former, but you need to consult a lawyer. The "unless" is if someone locates a copy of a Property Settlement Agreement, which provided for the separation of title to the home. Your mother-in-law should know, and, possibly, have a copy. If not, a copy may have been recorded as part of the divorce papers.
Q. I recently sold a house that had a lein on it from a previous owner. The buyers lawyer took 5000 put in escrow
A: You must not have purchased title insurance when you bought the house. If you didn't, it was a big mistake, and the new buyer's lawyer is correct that it is your problem to get the lien satisfied, either by getting the prior owner to pay it off or by paying it off yourself. In addition to the face amount of the judgment there will be interest and costs. You will need to (1) contact the person holding the judgment to get an exact pay-off figure; (2) arrange to get a cashier's check or certified check for the amount owed; and (3) exchange the check for a judgment satisfaction. If the judgment is in favor of a bank, the bank will satisfy automartically. If the judgment creditor is other than a bank, you may have to actually meet at the courthouse to have the creditor execute the satisfaction in exchange for the check. You will need a lawyer to prepare the satisfaction document and handle the transaction. If you simply mail a check to a non- bank creditor, you run the risk that the creditor will take the check and not satisfy the judgment. Once the judgment is satisfied, you can get a certified copy of the docket entry reflecting the satisfaction and give that to the buyer's lawyer. He should then release the escrow to you. You need a lawyer to handle all this.
Q. My mom & I both have our names on the deed & mortgage. We live in the same hh. My brothers name was added to the deed
A: You have not given enough facts to get a complete answer. How is the property owned-as joint tenants with right of survivorship or as tenants in common? Who signed the Note, which the Mortgage secures? You will need to consult a lawyer to sort this out. By way of general answer, you will need the consent of the bank and your mother to remove you from the Mortgage and, if applicable, the Note. You, your mother and your brother would then give a new deed to your mother and brother, which they would have to be willing to accept.
Q. Father died w/out will "interstate succession". Do heirs to his estate take his half of mother's estate?
A: Your question is missing important facts, but I will do my best. To begin with, your uncle would potentially have the right to stay in the house only if he pays rent. Half the rent may go back to him, but he is still obligated to pay rent. With respect to his being thrown out, whether for non-payment of rent or personal conduct, that is up to the Executor of your grandmother's estate. If your uncle is the Executor, you would need to contact a lawyer to file a petition to have him removed and replaced, now as Administrator, and it would then be up to the new Administrator to throw him out. If your grandmother left the home to your father and uncle jointly, which would be very unlikely, since your father died, your uncle would get the house. It is far more likely that your grandmother left the house to your uncle and father equally, as tenants in common. The lawyer handling the estate would need to tell you that. If the house was left to your father and uncle as tenants in common, your father's half interest would pass through his estate. With respect to your father, an estate would have to be opened and his wife would be appointed Administratrix, unless they were no longer married. In that event, a child would be appointed. Your father's estate would be entitled to whatever your father was entitled to as part of your grandmother's estate. I could not tell if your reference to a "sister," was your sister or your father's sister. A sister to your father would have no interest in his estate. If there are at least two children, i.e., you and, if applicable, your sister, his wife would get one-third of your father's estate, if they were still married, and the balance would be divided among the surviving children. If your father and his wife were no longer married, the entire estate goes to the children. If your father had only one child, half the estate goes to the wife and half goes to the child. You need to consult a lawyer to help you through this process.
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40 S 5th St
Allentown, PA 18101
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