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

Mark Scoblionko

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

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
  • Free Consultation
  • Credit Cards Accepted
    VISA, MasterCard
  • Contingent Fees
    (For personal injury matters)
Jurisdictions Admitted to Practice
3rd Circuit
U.S. Supreme Court
  • English: Spoken, Written
Professional Experience
Scoblionko, Scoblionko, Muir & Melman
- Current
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
Lifetime Service Award
Jewish Federation of the Lehigh Valley
Awarded upon retirement from the Board of the Jewish Federation
Professional Associations
Pennsylvania State Bar
Lehigh County Bar Association
American Bar Association
Pennsylvania Association for Justice
American Association for Justice
Jewish Day School of the Lehigh Valley
- Current
Activities: Provide pro bono services, including financing, contracts, general litigation.
Jewish Community Center of Allentown
- 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
- 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
Articles & Publications
Michigan Law Review
Civil Trial Advocate
National Board of Trial Advocacy
Websites & Blogs
Legal Answers
231 Questions Answered

Q. Can I relocate a right of way on my property to another location on the property?
A: If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of necessity." However, it may be possible to re-locate that and still give him access. In other words, this is a very complicated question. Further, if you would re-locate the easement, you would need a survey, legal description and a plan, and it could get expensive.
Q. Can a seller have multiple offers and tell everyone they will make a decision and still take more offers?
A: Yes, with one caution. If there is a realtor, the realtor's commission is earned if the full listing price is offered without contingencies. Thus, if one of your existing offers is at full price without contingencies, you would need the consent of the realtor to keep holding out for more offers or run the risk that, if the house is not sold, you would have liability for the realtor's commission.
Q. I had a car accident in Pittsburgh, PA. I am not injured, the other guy is not injured, but just my car need to be fixed
A: If the other driver was at fault, you can demand that his insurance company pay or, if it does not, sue him. If the other driver was not at fault, there is nothing you can do.
Q. How accurate should consulting with a health insurance provider before getting something done be?
A: You would need to consult with a lawyer to answer this question. A lawyer would presumably want to review your plan and any correspondence. An office conference would be necessary so that you could discuss with the lawyer all things that transpired and any conversations that you had with the insurance company.
Q. Spouse died & I'm in litigation over cause of death. Do children from his prior marriage have claim to any settlement?
A: You need to discuss all this with the lawyer who is representing you. However, I will raise some questions and give you some information. First, your statement that you are in "litigation" followed by a question as to whether something should be probated makes no sense. If you are in "litigation," that means that a lawsuit has been filed. However, a death action lawsuit can only be started by the representative of the estate. That would mean that, if a lawsuit has been started, an estate has already been opened, which, in turn, would make your question already answered. I suspect that you are threatening litigation and your lawyer is trying to negotiate a settlement, not "in litigation.". If a settlement is reached or if a settlement is not reached and litigation will have to be started, an estate would have to be opened first. As I said, only the estate representative can start a suit, and I will now add that only the estate representative can approve a settlement and execute a Release, and that would also require approval by the court. If you cannot find the original Will and you have a photocopy that is executed, you would have to present that to the Register of Wills (i.e., probate that Will) and open the estate. The estate would then be distributed in accordance with the Will. If you do not have a signed copy, you would need to show the Register of Wills what you do have to see if it will be accepted for probate. If it is not accepted, there would be no Will, and the estate would then be distributed under the Pennsylvania Intestate Laws. A death action has two "buckets:" The survival action bucket and the wrongful death action bucket. The survival action bucket is part of the estate, and it would be distributed in accordance with the Will, if a Will is probated, and in accordance with the Intestate Laws, if there is no Will. The wrongful death bucket is not part of the estate and is not controlled by the Will. It is distributable to certain heirs under the Intestate Laws. In this instance, for purposes of simplicity, I will tell you that the persons potentially eligible to share are the spouse and any of the decedent's children from any relationship. However, in the case of children, once again for purposes of simplicity, I will say that only those children who had a relationship with the decedent can share. That relationship can be one of financial support or generosity or emotional connection. However, if there is no Will, the survival action bucket would go to those same intestate heirs, but, for this bucket, there is no need for demonstration of a relationship. Thus, in answer to your question about the children from the prior marriage, they could well have an interest in the settlement from the standpoint of both buckets. As indicated, this must all be carefully explored with the lawyer who is handling this matter for you.
Q. I rent. Can I evict my son's girlfriend who's been staying here 3 years, paying very little. It's a tenuous situation.
A: Whoever is named on the lease can control who lives in the rented space.
Q. If a car is labeled as totaled, is there a deductible for insurance?
A: The deductible applies even if a car is rendered a total loss. Your own liability insurance should cover this.
Q. My grandfather passed away in May of last year and my father(one of 4 heirs) passed away a month later. Why does my paps
A: Whether or not your grandfather had a Will has nothing to do with the obligation to open an estate and pay inheritance tax on all assets. Similarly, an estate will have to be opened for your father.
Q. Does an signed easement agreement have to be executed?
A: These are very complex issues and your son needs to consult a lawyer. The first question is whether the agreement was a true easement that "runs with the land" or simply a license, that might not run with the land. The second question is whether the current owner bought the property with notice of the "easement." If this owner did not have notice, it would be a problem for you. A third question is whether your son acquired rights by "adverse possession." The bottom line is that he needs legal counsel to explain and advise on these issues.
Click here to see all answers
Contact & Map
2030 W. Tilghman St.
Suite 105
Allentown, PA 18104
Telephone: (610) 434-7138
Cell: (610) 657-7138
Fax: (610) 434-6020