The Skeen Firm 2025 Holiday Primer – Merry & Mindful: Legal Tips for Your December Celebrations

The Skeen Firm 2025 Holiday Primer — Merry & Mindful: Legal Tips for Your December Celebrations

Published: December 1, 2025 • Pennsylvania & West Virginia

‘Tis the season for joy, reflection, and connection. But as we deck the halls and gather with loved ones, remember: even the merriest celebrations carry legal and financial considerations. Whether you’re a small-business owner winding down the year, an individual managing personal legal matters, or a couple navigating family law, this guide offers practical pointers to help you enjoy the holidays — and avoid unwanted legal distractions.

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1) Gifts & Tax Considerations (Individuals & Business Owners)

• Big personal gifts: Before you wrap that big-ticket item, consider how federal gift tax rules may apply. Keep documentation for significant gifts and charitable donations.
• Business gifts: Client/employee gifts should be documented with a business purpose and reasonable value so they don’t accidentally become taxable compensation.
• Year-end receipts: For charitable giving, keep donation acknowledgments for your records.

Quick tip: When in doubt, a short consult now beats a tax headache later.

2) Products, Safety & Liability

Hot holiday items — gadgets, tools, kids’ gear — are fun until they aren’t. If a product is defective and used as intended, manufacturers may face strict liability. Keep receipts and follow instructions and age ratings. Business owners gifting branded items should confirm product safety and include clear usage guidelines.

3) Parties, Guests & Risk Management

• DUI risk: If alcohol is served, set transportation rules in advance (designated drivers, rideshares).
• Premises safety: Clear snow/ice, fix loose railings, light walkways, and secure pets.
• House rules: Simple guardrails help: no underage drinking, no “we thought it was funny” fireworks, and zero tolerance for belligerent behavior.

4) Family Law Stressors

December can amplify tension around custody schedules, travel, spending, and expectations. Communicate early, stick to written agreements, and avoid using custody as leverage. If there are changes, get them in writing. Major purchases or unusual expenses may affect support calculations — document them.

5) Small-Business Year-End Checklist

• Close the books and reconcile accounts; set aside time for 1099s and payroll tax items.
• Document year-end bonuses or gifts; keep W-9s updated.
• Review governance: operating agreements, meeting notes, authorizations.
• Line up Q1 filings and renewals so you start 2026 clean.

6) Mental Health, Charity & Perspective

Charity, humanity, and family are the reason the holidays exist in the first place. Build in time to breathe, give where you can, and de-stress. Good judgment today prevents legal trouble tomorrow.

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Want a deeper dive? Revisit past Holiday Primers

• 2024 — Deck the Halls by Ditching Legal Problems!
• 2023 — Holiday Primer: Products Liability at Christmas Time
• 2022 — Holiday Primer (5th Anniversary Edition)
• 2021 — The Skeen Firm Holiday Primer
• 2020 — The Skeen Firm Holiday Primer
• 2018 — The gift tax & other humbugs that can ruin the holidays

Have questions? Let’s keep your holidays lawyer-free.

If you’re dealing with a business issue, a family law concern, or a dispute that can’t wait until “after the New Year,” we’re here.

Book Your Discovery Call

Disclaimer: This post is for informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.

Deck the Halls by Ditching Legal Problems!

The Holidays are a time for us to slow down and spend time with loved ones. While no gift matches memories made with friends and family, thoughtful gift-giving is a highlight of the holiday season. Now, don’t be a scrooge with that check book. Remember, individuals can give up to $18,000 annually without triggering gift taxes. This special tax treatment for gifts saves the giving spirit!

Also, we know you will see different personalities and opinions across the table behind the mashed potatoes. To avoid any domestic disputes that may land you in handcuffs (not a present anyone wants) try your best to avoid tense arguments. Family and friends can disagree, but there’s a time and place for debate, and I’d say it is not while frosting cookies.

No one wants a DUI in their stocking Christmas morning. For the safety of yourself and others traveling during the holiday, remember to drink responsibly. The legal limit in Pennsylvania is .08. And, DUI’s fall into three tiers, none of which you would want to be in. The tiers are general impairment, high rate, and highest rate. Enjoy your winter wassail from the comfort of your home and not behind the wheel. 

As the year closes, it is great to look forward to the next 365 days. With proper planning, next year can get even better. The best Christmas gift is a secure future for you and your family. Consider Estate planning in the new year to provide stability for you, your friends, and family. Leaving a legacy behind that you can be proud of is perhaps one of the biggest blessings of the season.

Merry Christmas and Happy Holidays! Have a safe and wonderful season.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.   

Understanding Pennsylvania's Criminal Trespass Law: A Comprehensive Overview for Hunters and Landowners

If you will be hunting in Pennsylvania or if you own land in Pennsylvania, it is important to understand our state’s trespass law. For years, I have watched never-ending online squabbles over what the law is and isn’t. Some are experienced hunters and others are even law enforcement officers who make false claims about the law because “that’s how it’s always been done.”

Before going to law school, I hunted my whole life, deer, turkey, small game, etc., doing my best to avoid getting in trouble for a law I didn’t even know. “Can I get arrested for accidentally going on private property?” “If I find someone on my property that should not be there, what can I do?”

That’s why I found it necessary to write this article; to explain the PA trespass law so that all sportsmen and landowners understand the ground rules.

INTRODUCTION

If you buy and pay taxes on a solid piece of hunting land, you should be able to have it all to yourself? Right? Right. Pennsylvania's criminal trespass law Title 18 § 3503 et seq. plays a crucial role in protecting the rights of property owners. It defines the boundaries of acceptable behavior on private property and outlines the consequences for those who violate these boundaries.

WHAT IS CRIMINAL TRESPASS?

Generally, criminal trespass occurs when an individual enters or remains on another person's property without permission. That said, Pennsylvania law distinguishes between different degrees of criminal trespass based on the circumstances of the offense.

DEGREES OF CRIMINAL TRESPASS

For hunter knowledge purposes, we will not be addressing building trespasses, but merely a simple trespass, a defiant trespass, and an agricultural trespass[1] as set forth in the PA trespass law.

                                                                                                                                                        I.         Simple Trespasser

Let’s start with how PA defines a Simple Trespasser. To become a simple trespasser, you must, without “license[] or privilege to do so,”…“go onto a property with for the purpose of:

(i)    threatening or terrorizing the owner or occupant of the premises;

(ii)   starting or causing to be started any fire upon the premises;

(iii)  defacing or damaging the premises; or

(iv)  (unlawfully taking secondary metal from the premises.

18 Pa.C.S. § 3503(b.1). (Emphasis Added.).

Note the “for the purpose of” language and let’s do an exercise to better understand the statute. You go onto another person’s property that it is not posted. Does this mean you are a simple trespasser? Under the statute, probably not. Unless you came there to damage the property, set it on fire, or harass the owner, you are not committing any crime.

Where I think people get confused is that you are still trespassing, just not in the criminal sense. You may still be sued for civil trespass which just requires, regardless of intent, that one is on a property they do not own. Awards for civil trespass (if no property damage) can be as low as is $1.00 for “nominal damages” and, depending on the jury and state, punitive damages may or may not be awarded. [2]

It is hard to be a simple trespasser if you are simply trying to hunt because you have to know that you are not supposed to be on the property and you have to go onto someone else’s property with the intent to harass the owner or damage property. I have never seen anyone do that in my two decades of hunting experience. But, if you are somehow facing simple trespasser charges, you probably have more serious charges to deal with.

                                                                                                                                                   II.         Defiant Trespasser

Now for example, if the landowner sees you on the property (even if you are not a simple trespasser) and tells you to leave, you must leave or else you will be committing a criminal trespass, a defiant trespass, which has much more serious criminal ramifications.

The current defiant trespass statute reads:

Criminal Trespass - Defiant Trespasser (Title 18 § 3503(b)): A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(i) actual communication to the actor;

(ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;

(iii) fencing or other enclosure manifestly designed to exclude intruders. (Emphasis Added).

The defiant trespass language includes a “notice” requirement that, on top of someone telling one person to leave a property, notice can also be a properly posted property and certain fences. Properly posting the property can now be done via PA’s Purple Paint Law that merely requires markings of purple paint, at least 3 feet from the ground and 8x1” in size be no more than 100 feet apart. See, 18 Pa.C.S. § 3503(b)(vi). You can still use “POSTED” signs to accomplish the same. Then, any person on a property will be properly noticed under the law, and if they are on a property without permission, they are a defiant trespasser.[3]

If there is still any confusion as to a general rule for either simple or defiant trespass, the Supreme Court of Pennsylvania ruled in Commonwealth v. Carter that PA’s criminal statute has a scienter requirement that requires knowledge of wrongdoing for the criminal trespass statute to apply. 482 Pa. 274, 277 (Pa. 1978) (Emphasis Added). As we have discussed, per the PA law, “knowledge” is the intent to cause harm as in simple trespasser, or “notice” (posting property or a demand to leave) as to a defiant trespasser.

Criminal Penalties

Okay, so now we have a decent grasp on what criminal trespass is, what are the punishments for each degree of trespass? Generally, they may include fines, probation, community service, or imprisonment. The severity of the punishment is often determined by factors such as prior criminal history and the presence of aggravating circumstances. Even still, per the black letter law:

·      Defiant Trespasser (Title 18 § 3503(b)): This is a misdemeanor of the third degree, punishable by up to one year in prison and a fine of up to $2,500.

·      Simple Trespasser (Title 18 § 3503(b.1)): This offense is categorized as a summary offense, resulting in fines and potential imprisonment for up to 90 days.

·      Agricultural Trespasser (Title 18 § 3503(b.2)): Agricultural trespass is a summary offense, with penalties similar to those for simple trespassing.

CONCLUSION

Understanding Pennsylvania's criminal trespass law is essential for landowners to enforce their property rights and for hunters to avoid unintentional violations and legal consequences. By respecting the rights of property owners and adhering to the boundaries set by the law, hunters can contribute to a safer and more enjoyable hunting season without having to worry about being dragged into court. If unsure about the legality of entering a property, seeking permission from the owner or responsible party is always the best plan.

If you still have questions about the law or are facing a criminal or civil trespass issue, contact an attorney at The Skeen Firm.

[1] An Agricultural Trespasser pertains specifically to entering agricultural or other lands used for crop or livestock and has substantially similar requirements as a defiant trespasser. See, Title 18 § 3503(b.2) Therefore, agricultural trespass will not be discussed at length.

[2] A good read on civil trespass damages was penned by the Wisconsin Supreme Court in Jacque v. Steenberg Homes, Inc., 209 Wis. 2d 605, 609 (Wis. 1997). (Not binding law in PA).

Stay Fly – It’s the 4th of July! Pt. 3

Let Freedom Ring Responsibly

Your Fourth of July may involve some big booms,

But follow these rules to prevent sending anyone to their tombs.

To purchase, possess, or use a firework, the person must be 18 years or older.

Keep this in mind before allowing these explosives in the hands of any beholder.

Things may seem more fun when you’re under the influence of alcohol or drugs,

But don’t forget these substances impair your brain to work at the pace of slugs.

Common sense should tell you not to set off fireworks near a building or vehicle,

But we are here to remind you how to be strategical.

You shall not set off fireworks near any building, structure, or vehicle within 150 feet,

Regardless of who owns them, those kinds of things simply cannot take such heat.

Needless to say, don’t discharge fireworks from the inside of any cars.

Otherwise, you will likely end up in the hospital or behind bars.

Lastly, whether it’s public or private property does not matter.

You must obtain express permission before letting the fireworks scatter.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 3 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 2

Celebrate Safe and Sound for Fun All Around

In the peak of the summer, water is always inviting.

Around any body of water, kids should never leave your sighting.

Wearing a life jacket may not match your outfit,

But nobody should ever go near the water without it.

Although you may not know this is negligence per se,

It is surely something you will regret at the end of the day.

The same rules apply to the pool party you may host.

We don’t want next year’s invitees coming as ghosts.

If hosting a pool party is part of your holiday tradition,

Then, please make sure your pool area is in proper condition.

Hang up warning signs, put up fences, or cover your pool!

Someone getting injured on your watch is anything but cool.

Owners have a duty to keep their property free from danger,

Even if who you invite is a total stranger.

It’s never cliché to put safety first.

Don’t let anyone end the holiday in a hearse.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 2 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Stay Fly – It’s the 4th of July! Pt. 1

Aggressive Driving May Not Have You Arriving

Don’t be in a hurry or get caught up in the holiday traffic fury!

Failure to leave early may only lead to heightened worry.

Aggressive driving may cause increased road rage.

If you encounter such a rampage, simply disengage.

Road rage will be deemed a criminal offense,

To which there is simply no defense.

You may not know the severity of this crime,

But next Fourth of July, it could have you still doing time.

Trust us, it’s not just a phase.

You don’t want to end up on the front page.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

This is Part 1 of a 3-Part Holiday Primer. Thank you, Laura and Tori, for your efforts in making these great!

Holiday Primer 2022 - 5th Anniversary Edition

’Twas the month of the holidays across the Commonwealth,

We hope this year's primer finds you in good health.

While we have your attention,

Let us share some holiday wit,

Because most of the info we see on the interwebs is bull $%!t.

This is not legal advice per se,

More demystification to make readers say, “Yay!”

You can’t eliminate taxes with your LLC,

The IRS is watching

Just wait and see.

If you’re a parent who uses custody as leverage,

We suggest you chill out and have an adult beverage.

This year the market was trash.

Don’t rob a store;

There’s no need to act rash.

As we speed toward the new year, reflect on the past,

Do things that excite you and have a blast.

Next year we promise, no poems or rhymes,

To receive next year’s primer, we advise not doing the crimes.

In closing, we thank you for 5 years of holiday fun,

This isn’t the last primer,

We’ll continue our run.

So, happy holidays one and all,

Get yourself out there and have a ball.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

Red, White, and Boom — The Skeen Firm – Fourth of July Fun Guide

As we barrel toward our annual freedom fest on the 4th, it is important to remember some key laws and regulations. Doing so will prevent your holiday from ending in an undesirable boom. It might even help you increase your urge to toss tea in large bodies of water and attract bald eagles and the ghost of George Washington. (Note: results may vary, but safe, legal fun should not).  

In many ways, nothing is more patriotic than fireworks. The good news?  Personal firework displays are legal in PA. That does not mean you should go full Henry Knox, the country’s first great artillery officer. If you plan to shoot off some Class C explosives, it is important to remember that you must do so 150 feet away from an occupied structure and have permission from the property owner where the display will take place. Also, do not set them off from, within, or toward a building or vehicle. And, finally, do not set them off under the influence of drugs or alcohol. The last part is a perfect pivot to our next tip.

If you drink, do not drive! We do not suggest riding a horse either. Odds are, you are no Paul Revere. In earlier articles, we explained the difference between the Miranda warnings and the O’Connell warnings concerning suspected DUIs.  So, if you plan to enjoy a drink (or a few) while you’re manning the grill, be smart and have a designated driver lined up or use a ride share to get home safely.  Celebrating your freedom in a manner that may cost you yours just does not make sense!

Drinking and driving is not the only potential pitfall over the summer, especially on the 4th with peak crowds. Having some patience in high-traffic gatherings is key. These situations are veritable powder keg, between the heat, the drinks, and the elevated patriotism. Terroristic threats—a real crime, believe us—or assault charges can shut your celebration down quicker than Benedict Arnold can switch sides. This advice applies to co-parent situations, too.

To those who co-parent, be kind. Do not be greedy like King George by taxing the time your ex gets to celebrate with your kids.  If you share custody of your children with your ex, be flexible. Work together to make sure your children have an enjoyable 4th and summer!

If by chance your celebration leads to fireworks in life instead of the sky or an encounter with law enforcement, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com.  We would be glad to speak to you about how best to put out the fire.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.  The Skeen Firm is not a fire department.  If something is on fire or if there is some other emergency, please call 9-1-1.

Martin Luther King Day 2022

"The ultimate measure of a man is not where he stands in moments of convenience and comfort, but where he stands at times of challenge and controversy." Martin Luther King, Jr.

The Skeen Firm 2021 Holiday Primer

The Skeen Firm 2021 Holiday Primer

It’s the most wonderful time of the year! Sure, the holiday season is great and all, but it is time for the annual Skeen Firm Holiday Primer. Your yearly gift guide of how to holiday the right and legal way. While we do not guarantee results by any means, we wish you a happy, safe, and lawyer-free holiday season.

Easy Ebenezer

The holidays are no time for misers. So, before you go full Scrooge remember that no other period of the year embodies the spirit of giving more than December. We have discussed giving and taxes in the last two holiday primers and will skip re-hashing the subject, because a broken record is a terrible record. If you need a review, though feel free to click the following links (2020 Holiday Primer and Initial Holiday Primer). Long story short, give until it hurts and then give some more!

Party Time

Holiday parties are making a comeback this year. We hope you are as excited to see colleagues, friends, and family as we are, but remember that drinking and driving is always a terrible idea. The legal limit in Pennsylvania is .08. Pennsylvania classifies DUIs into three tiers:  general impairment, high rate, and highest rate. These tiers add penalties depending on the number of offenses. When combined they determine the sentence and fines associated with a DUI. Talk about a serious buzz kill.

Heated Holiday

Holiday parties are not the only events making a comeback. Many families are preparing to resume large gatherings this year. We implore you to check your temper at the door. While you’re at it, check your politics, religion, and any other nonsense, regardless of your beliefs, at the door, too. Focus on family and fun! 

There is never a good time for a domestic issue so keep that in mind while you are attending family celebrations.  Sure, there is a lot of stress at this time in everyone’s lives. Do not let that stress escalate a situation to fisticuffs or worse.  It is safe to assume that no one wants an assault, battery (or both) case either civil or criminal as a gift this holiday season. Save that for Springer. 

Mental Miracle 

The past 20 or so months were hard on everyone. Pandemic-related stress coupled with holiday stress can show itself in a number of ways, whether through panic attacks, or withdrawal from anxiety or depression. It is especially important to pay attention to your own mental health during the holidays, but perhaps the best gift we can give is to look out for one another. Asking questions, genuinely caring, and helping your family and friends will do more for them than anything material. Like the holidays, these actions are priceless, but free.

So, as we close our annual primer we hope you enjoy one another. Please, be kind to everyone you meet. And give freely of your time and money. 

If you do not head this advice, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com. We will help you with your holiday humbugs.  

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.

How to Keep the 4th of July From Blowing Up in Your Face: A Holiday Primer

As we approach the Fourth of July weekend, it is important to remember that we’re celebrating the birth of American independence.  The weather forecast looks great, so enjoy some time with your family outdoors!

For many of us, this Fourth of July is unlike any other Fourth of July in our lives.  For the first time, we may be concerned with whether getting together with family and friends to partake in our normal festivities is safe.  While there may be conflicting information from the CDC on what is “safe”, here are a few ways to help make sure the only explosion you experience this weekend is watching a wonderful firework display from a safe distance, of course.

First, be respectful.  Despite what your personal feelings are regarding whether or not you need to wear a mask, if you are out in public and an establishment asks that you wear a mask, put one on or peacefully leave the establishment.  There’s no need to argue with the poor greeter at the store or the hostess at the restaurant.  They’re just doing their job.  Causing a scene may escalate the situation to the point of law enforcement being called, and it’s just not worth it.

Second, be smart.  In an earlier article, I explained the difference between the Miranda warnings and the O’Connell warnings with respect to suspected DUIs.  Law enforcement officers are likely to be out in full force patrolling the streets this weekend to help keep everyone safe.  If you are going to enjoy an adult beverage while you’re manning the grill, be smart and have a designated driver lined up or use a ride share to get home safely.  Celebrating the nation’s independence in a manner that may risk you losing yours just doesn’t make sense!

Third, be kind.  You may find yourself hanging out with new and old friends this weekend.  Given the fact that we’re in the middle of navigating through a pandemic and tensions are high, it’s likely the conversation may naturally drift to hot button debate topics.  Tempers may be short, so remember to be kind.  Be kind to the person you thought you knew who suddenly says something you find horribly offensive.  It’s perfectly fine to agree to disagree and continue enjoying the good times and good food!  Don’t let a debate get out of control and end up in a physical altercation.  No one wants to end the weekend with an assault or battery charge.

If by chance your celebration leads to fireworks in life instead of the sky and/or an encounter with law enforcement, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com.  We would be glad to speak to you about how best to put out the fire.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.  The Skeen Firm is not a fire department.  If something is on fire, please call 9-1-1.

The gift tax and other humbugs that can ruin the holidays – A primer

As we move through the various holidays recognized in December it is important to remember that charity, humanity, and family are the reason the holidays exist in the first place.   Enjoy one another.  Be kind to everyone you meet.  

However, merriment is not always present this month and that is where this article will focus.   First and foremost, let’s address the spirit of giving.  No other period of the year embodies the spirit of giving more than the month of December.  To give is to freely transfer possession of something (property) to someone else.   

As the old saying goes though, nothing is free.  In fact, the IRS has special tax treatment for gifts.  What was that, taxes on gifts?  Yes, that is correct.  Per the Tax Code there is a tax on any transfer of property from one individual to another.  Talk about a serious holiday downer.   Thankfully there is an exemption available to save the spirit of giving.  In fact, the exemption covers up to $15,000 worth of gifts annually.  So give and give big!

Also, as a reminder, please have a designated driver lined up or use a ride share for any holiday parties you plan on attending this season.   The legal limit in Pennsylvania is .08, but that is just the tip of the troubled iceberg.   DUIs are divided into three tiers:  general impairment, high rate, and highest rate.  These tiers determine the sentence associated with a DUI arrest.  In short, you will have a lot less money for the giving mentioned above if you are pulled over and charged with a DUI.   Further, driving impaired is the equivalent of playing roulette with not only your fate but also everyone else.  It is best to leave roulette to the casinos because playing the road version produces zero winners.  

Finally, everyone should focus on leaving family feuds to the television show.    There is never a good time for a domestic issue so keep that in mind while you are attending family dinners.  Sure there is a lot of stress at times in everyone’s lives.  Do not let that stress escalate a situation to fisticuffs or worse.   It is safe to assume that no one wants an assault, battery (and/or both) case either civil or criminal as a gift this holiday season.   So do your best to avoid these situations or topics that could create tensions.  

If by chance you do not head this advice, feel free to call us at 724-550-6970 or email us at info@theskeenfirm.com. We would be glad to speak with you to help you through your holiday humbugs.   

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.