10 Questions to Ask Before Signing a Business Contract in Pennsylvania

In the world of small business, contracts are everywhere—leases, vendor agreements, service retainers, client commitments. But many entrepreneurs in Pennsylvania sign legally binding contracts without fully understanding the implications.

Whether you're entering into a handshake deal turned written agreement, or reviewing a formal document drafted by the other party’s attorney, here are the 10 critical questions every Pennsylvania business owner should ask before signing.

1. Who are the actual parties to the contract?

This may seem obvious, but it’s a common oversight. Are you signing as yourself or as your business entity? If the contract is between “John Doe” and a supplier—but you run an LLC—you could be personally liable. Make sure your legal entity is named correctly (e.g., Doe Design, LLC), and that your signature block reflects your title (e.g., John Doe, Managing Member).

2. What are you agreeing to do?

Read beyond the summary. What are your actual obligations—services, deliverables, payment terms, timelines? Contracts often contain hidden clauses that expand your responsibility, like requiring insurance, reports, or warranties you didn’t discuss verbally.

3. What is the other party agreeing to do?

Equally important is holding the other party accountable. Do the deliverables and deadlines match what you discussed? Are payment terms clear, including method (check, ACH, credit), and is there a clear remedy if they fail to perform?

4. What happens if someone breaches the agreement?

If a dispute arises, what happens next? Does the contract require mediation, arbitration, or litigation? Are there penalties, late fees, or termination clauses? In Pennsylvania, many contracts include "liquidated damages" clauses that pre-set the amount of money owed if the deal falls apart. Know what you’re risking.

5. Is there a personal guarantee?

This is a big one. Even if your business is the named party, personal guarantees can make you responsible if the company defaults. Read carefully—this clause is often buried toward the end or in an addendum.

6. How can the agreement be terminated?

Can either party walk away early? Is there a required notice period (e.g., 30 days written notice)? Pennsylvania courts generally enforce clear termination clauses, so it’s essential to know your exit rights before signing.

7. Is the contract enforceable under Pennsylvania law?

Out-of-state vendors often sneak in choice-of-law provisions that favor their jurisdiction (e.g., New York or Delaware law). Insist on Pennsylvania governing law and venue, especially if you may need to enforce the contract in court.

8. Does it contain non-compete, NDA, or IP clauses?

Many contracts include restrictive covenants that limit your future work or claim ownership over your ideas. Ensure that:

• NDAs are mutual

• Non-competes are narrow and time-limited

• You retain ownership of your intellectual property unless negotiated otherwise

9. Have you reviewed the contract with a business attorney?

A legal review in advance costs far less than fighting a lawsuit later. A small-business attorney can spot ambiguities, one-sided clauses, or unenforceable terms that you might miss. At The Skeen Firm, we review contracts for businesses across Pennsylvania at flat, transparent rates.

10. Are there missing attachments or referenced documents?

Be cautious if the agreement references Exhibits, Schedules, or Addenda that aren’t actually attached. If it says “see Schedule A” and Schedule A is missing, that ambiguity can come back to haunt you in court.

Bonus Tip: Trust Your Gut

If something feels off, ask questions. Never let urgency push you into signing a contract you're not 100% sure about. A rushed signature today could lead to litigation tomorrow.

Download a PDF version of this list!

Protect Yourself. Review Before You Sign.

At The Skeen Firm, we help entrepreneurs across Pennsylvania make smart legal decisions when entering contracts. Whether you're signing a commercial lease, hiring a vendor, or launching a joint venture, we can help you understand every word before you commit.

Call (724) 249‑2439 or Schedule a Discovery Call

We offer flat-fee contract reviews for small business owners in Pittsburgh, Washington, Erie, and beyond.

*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.

20 Must‑Have Legal Documents for Small Businesses in Pennsylvania & West Virginia (2025 Edition)

Essential 2025 legal‑document checklist for PA & WV small businesses—download a free printable PDF & stay compliant with new state regulations.

Why This Matters in 2025

With Pennsylvania’s proposed Consumer Data Privacy Act (HB 78) and West Virginia’s Consumer Data Protection Act (HB 2987) moving through their legislatures, regulators are tightening expectations on how businesses handle everything from customer data to annual filings. Having the right paperwork in place is the fastest way to prove compliance, protect personal assets, and avoid costly fines.

The 2025 Small‑Business Legal Documents Checklist

How to Use This Checklist

1. Download the printable PDF below.

2. Check off each item as you gather or draft it.

3. Book a discovery call with our business‑law team if any box remains unchecked.

Download the printable checklist (PDF)

Need Help Drafting or Reviewing These Documents?

The Skeen Firm’s business‑law attorneys serve entrepreneurs across Pittsburgh, Washington, Morgantown, Charleston, and beyond. From entity formation to contract disputes, we handle the legal details so you can focus on growth.

Schedule a discovery call today to protect your business.

*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.

Why Small Business Succession Planning Isn’t Optional — And How We Can Help

As a small business owner, you’ve poured time, effort, and heart into building something meaningful. But have you considered what happens to your business when you’re ready to step away?

Succession planning isn’t just a legal matter — it’s personal. Whether you’re planning for retirement, preparing for the unexpected, or hoping to pass your business down to the next generation, having a strong succession plan in place can make all the difference.

Here’s how our business succession planning services can help secure your legacy:

Personalized Planning, Built Around You

No two businesses are the same — and your succession plan shouldn’t be either. We begin with a thorough review of your business structure, long-term goals, and personal priorities. From there, we craft a custom plan designed to ensure your business remains strong and stable through every transition.

Smooth Transitions, Strong Futures

Handing off a business is more than signing documents. It involves mentoring successors, defining roles, and preparing your team. We guide you through every step — whether you’re passing your business to a family member, a trusted employee, or preparing for a potential sale.

Protecting What You’ve Built

We help protect your business assets, intellectual property, and confidential information throughout the succession process. With the right legal structures in place, your business is better positioned to thrive under new leadership — without disruption.

Smart Tax Strategies

Transitioning a business comes with tax implications — but with the right planning, you can reduce the burden. Our team helps identify tax-saving opportunities that preserve the value of what you’ve built and maximize the benefit to you and your successors.

Staying Compliant, Reducing Risk

With laws and regulations frequently changing, it’s critical to have a legal team that ensures everything is buttoned up. From buy-sell agreements to operating agreements and everything in between, we make sure your succession plan complies with all legal requirements — and helps prevent future disputes.

Your Business Is Worth Planning For

A thoughtful, well-executed succession plan is more than just a legal safeguard — it’s a powerful way to honor your hard work, provide peace of mind, and give your successors the tools they need to succeed.

Whether you’re years away from retiring or already thinking about next steps, now is the right time to start the conversation.

Let’s talk about how we can help you plan with purpose.

📞 Schedule your consultation today by calling 724-249-2439 or visiting theskeenfirm.com/contact.

*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 - Protecting your legacy. Guiding your future.

Kubican v. The Tavern, LLC: LLC Veil Piercing in West Virginia (and What Changed in 2022)

In the evolving world of limited liability company (LLC) law, the West Virginia Supreme Court decision in Kubican v. The Tavern, LLC marked a pivotal moment. The ruling challenged conventional protections afforded to LLC members by opening the door to personal liability through veil piercing. However, the story didn't end there. In 2022, the West Virginia Legislature enacted significant reforms to the Uniform Limited Liability Company Act (ULLCA), effectively rolling back the court's broader interpretation. This post will explore the case, its implications, and the legislative changes that followed.

What Was Kubican v. The Tavern, LLC About?
The case arose from a personal injury claim filed by Joseph Kubican. He initially sued Bubba’s Bar and Grill for negligence after being injured in an altercation. Upon further investigation, Kubican learned that the bar was operated under The Tavern, LLC. The company had two members: James Paugh and Lawson Mangum.

Kubican moved to amend his complaint to include Paugh and Mangum personally, asserting that they used the LLC structure to shield themselves from liability while effectively controlling all its operations. This brought up the critical legal question: Can the corporate veil of an LLC be pierced in West Virginia?

The Supreme Court’s Ruling: LLC Members Not Always Shielded
In a landmark decision, the West Virginia Supreme Court ruled that the state's Uniform Limited Liability Company Act does not provide absolute protection to LLC members. In other words, the "corporate veil" can be pierced under certain conditions, holding members personally liable for the company's obligations.

The court set out a two-pronged test for when LLC veil piercing could be justified:

1. Unity of Interest and Ownership: The court must find that there is such unity between the individual and the LLC that their separate personalities no longer exist.

2. Fraud or Injustice: The LLC structure must be used to promote fraud or cause injustice.

This ruling aligned West Virginia with a majority of other jurisdictions that recognize veil piercing as an equitable remedy.

Immediate Implications for LLCs in West Virginia
The decision in Kubican created immediate concern among business owners and legal professionals in West Virginia. Many worried that the case opened the floodgates for more lawsuits targeting LLC members personally. The ruling emphasized the importance of proper corporate governance, adequate capitalization, and maintaining clear separation between personal and business affairs.

LLC members were now at risk if they failed to respect the formalities of the entity structure or if they engaged in fraudulent behavior. The decision effectively put business owners on notice: the LLC shield is not impenetrable.

2022 Legislative Changes: A Reversal of Course
The response from the business community and legal commentators was swift and strong. Concerns about the uncertainty the decision created led to legislative action. In 2022, the West Virginia Legislature passed amendments to W. Va. Code §31B-3-303, aimed at reasserting the strong liability protections that LLCs are known for.

Key Highlights of the 2022 Amendment:

• Reaffirmed Limited Liability: Members of an LLC are not personally liable for the debts or actions of the company solely by being members.

• Restricted Veil Piercing: The revised statute expressly limits veil piercing to narrow circumstances, such as:

  • When a member personally guarantees a company obligation.

  • When the member is liable for unpaid taxes.

  • When a member commits fraud that directly causes harm.

• Codified Protections: The amendment codifies protections that had previously been interpreted by courts, thereby reducing uncertainty and litigation risk.

This legislative fix effectively nullified the broader implications of the Kubican ruling. It restored confidence in the LLC structure, ensuring that the veil could only be pierced under very limited and clearly defined conditions.

Why This Matters for Business Owners and Legal Advisors
The Kubican case and subsequent legislative response highlight an essential truth in business law: legal interpretations evolve, but legislatures often have the final word. Business owners in West Virginia and elsewhere must be vigilant not just about compliance but also about keeping up with legal developments that can alter the risk landscape.

Here are some practical takeaways:

• Maintain Proper Records: Always keep business and personal finances separate.

• Avoid Fraudulent Behavior: Engaging in misleading or deceptive practices can pierce the LLC veil.

• Stay Updated on Law: Laws can change. Regularly review updates or work with legal counsel to stay compliant.

• Use Written Agreements: If you’re guaranteeing an obligation or making personal commitments, document it clearly.

Conclusion: The Legacy of Kubican and What Comes Next
Although the 2022 legislative amendment curtailed the impact of Kubican v. The Tavern, LLC, the case serves as a powerful reminder of how judicial interpretation can shift the legal landscape. For a time, it seemed that West Virginia might join the ranks of states willing to more readily pierce the LLC veil. Instead, the Legislature decisively reaffirmed the LLC structure's protective purpose.

For attorneys, entrepreneurs, and business consultants, Kubican remains a landmark case—not for what it ultimately changed, but for how it spotlighted the balance between fairness and legal certainty in the realm of limited liability.

*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.

What To Expect When Suing Or Being Sued – A Litigation Guide For Clients

For many, litigation can be the most stressful things you ever do, whether you're the one filing a lawsuit or the one being sued. Lawyers who live and breathe litigation may forget this, leading to failure to properly prepare a client for the battle ahead. Understanding the process can help you prepare and make informed decisions. Here’s a basic, step-by-step guide to what you can expect.

Step 1: The Complaint and Response

The Initial Filing –

The lawsuit begins when the plaintiff (the party initiating the lawsuit) files either (1) a Writ; or (2) a complaint. The difference between the two is a Writ simply preserves all of plaintiff’s claims in perpetuity and there is no action required by the defendant. The Complaint outlines the legal claims, and the defendant must respond by a certain deadline, usually between 30-60 days, or face a default judgment (meaning the defendant loses).

If you are a plaintiff, be prepared to quickly retrieve and give any necessary information to your attorney for the complaint. Your attorney will send you a draft complaint that will need to be verified (in state court only), meaning you must review the complaint for factual accuracy and sign a verification stating that everything in the complaint is true. NOTE: The complaint is not a document for saying everything you want to say in the lawsuit. Your attorney has carefully crafted the complaint to include the material and legally operative facts. Unless some major fact is missing, only check the Complaint for factual inaccuracies. After you verify the complaint, your attorney will file and have it served to defendant(s) according to the rules of the relevant court.

Defendant’s Response –

The defendant can either file an answer, admitting or denying allegations, or a motion to dismiss (or “preliminary objections” in Pennsylvania state court) if they believe the complaint, or any part of the complaint has any deficiencies. These filings are very common in both federal and state court, even with the best plaintiff’s attorneys. They can be used to fight legitimately deficient cases and theories but are often used for leverage or to get concessions for the other side before litigation continues. The adjudication of motions to dismiss or preliminary objections requires multiple pleadings including legal briefs and memoranda, each of which has response deadlines of a few weeks, and the parties will file these documents back and forth. This can sometimes take months.

Then, when the relevant documents are filed, an argument date will usually be set, which can be weeks or months in state court. If you are litigating in federal court, it can be many months before a judge rules on the issue. Therefore, an attorney may suggest filing an amended complaint which resets the filing deadline for defendant’s answer. If the defendant’s attorney still believes there is an issue with the complaint, defendant can file another motion to dismiss or preliminary objections, and the long cycle continues.

If the defendant cannot file motion to dismiss or preliminary objections, defendant will have to file an answer, and if applicable, counterclaims against the plaintiff. In state and federal court, answers constitute monotonous, very procedural responses with some facts mixed in, as well as potential legal defenses to the claims. The plaintiff must also file an answer to any counterclaims. In state court, an answer to a complaint and any counterclaims must also include a signed verification, so be prepared to do so.

Step 2: Discovery Phase

The pleading stage is often confusing to clients, which is why so much care was taken in explaining it, above. After all pleadings are filed, clients will experience something even laypersons may be familiar with: discovery. In discovery, both sides exchange evidence and information through depositions, interrogatories (written questions), and written document requests. This phase can take many months and is critical in building a case or negotiating a settlement.

Written Discovery –

For the written requests, litigants typically have thirty days to respond. You must fully and completely respond to all questions; however your attorney will make legal objections to some questions, making your task easier. Written discovery is often the most time-consuming litigation task for clients and attorneys alike, but this task is complicated by clients who do not take written discovery as seriously as they should. The discovery requests you receive are an urgent and serious matter. Failure to timely and fully respond will result in court-imposed sanctions against you. Ideally, you should have anything related to the case already prepared before you even consider beginning litigation. Either way, it is imperative that you retrieve all documents, fully answer all questions, and sign any papers your attorney gives you as quickly as possible.

Depositions –

You should also expect to be deposed. Depositions are conducted in a lawyer’s office (and recently often over Zoom) with lawyers for the parties present. A court reporter will also be there recording everything that is said stenographically. Your attorney will prepare you for the deposition. Typically, first-time litigants are very nervous before their deposition, but if you stick to what is discussed during your preparation, at the end you will (hopefully) tell yourself it was not so bad after all.

Step 3: Pre-Trial Motions and Hearings

Attorneys may file motions to exclude evidence, dismiss parts of the case, or request summary judgment (a “win” on an issue/claim) if there is no dispute over key facts. Final settlement discussions intensify at this stage, and often a mediation is held. During mediation, the parties will appear at another, independent lawyer’s (the mediator) office and sit in different rooms. Each side will explain their case to the mediator and propose a settlement offer. The mediator will bounce back and forth between the rooms trying to find a number that works for all parties. If the mediation fails, you should expect to go to trial.

Step 4: Trial

If no settlement is reached, the case goes to trial, where each side presents arguments, evidence, and witness testimony. A judge or jury then decides the outcome. Before this, your attorney will file a pre-trial statement, send/file necessary documents to get witnesses to show up and the necessary evidence presented at trial. Whether you are a plaintiff or defendant, you should know that juries are very unpredictable. A verdict could ruin your life. The best plaintiff’s cases with the best possible evidence and experts have resulted in a $0.00 verdict, and borderline frivolous cases have destroyed defendants with multi-million-dollar verdicts. For this reason, less than 10% of cases go to trial. Carefully listen to your attorney when negotiating or mediating. You have the final say with settlement, but once the verdict comes in, barring appeals (not always possible) your fate is sealed.

Conclusion

Litigation can be scary, but knowing the basics of the process, and therefore what to expect, can reduce stress and even create better attorney/client relationships. It is important to carefully listen to instructions and consider all options provided by your attorney at all stages of litigation. If you think you have a case, contact The Skeen Firm at 724-249-2439.

*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.

Pennsylvania Superior Court Reaffirms Critical Legal Standards in McGee v. McDowell Custody Dispute

In a significant opinion for family law practitioners and parents navigating custody disputes in Pennsylvania, the Superior Court's recent decision in McGee v. McDowell (No. 765 WDA 2024) underscores the importance of strictly adhering to statutory procedures and due process rights in custody litigation. This case involved a contentious battle over primary physical custody and serves as a cautionary tale about what happens when trial courts fail to follow established legal mandates.

Below, we break down the case, the procedural missteps, and the broader implications for custody cases across the Commonwealth.

Background of the Custody Dispute: McGee v. McDowell

At the heart of the dispute were two parents — Jamie McDowell (Father) and Audra McGee (Mother) — and their son, C.M.

• In February 2023, an interim consent order established a 50/50 shared physical custody arrangement.

• Subsequently, the Mother filed to modify custody, seeking primary physical custody of the child.

• Father opposed any reduction in his custodial time and challenged the modification request.

While custody modifications are not uncommon, the manner in which the trial court handled this particular matter raised significant legal red flags.

Procedural Missteps That Led to Reversal

1. Improper Use of Custody Hearing Officer for Primary Custody Dispute

Perhaps the most glaring error was the trial court’s delegation of a primary physical custody hearing to a custody hearing officer, rather than a judge.

• Pennsylvania law and local court rules strictly prohibit hearing officers from making determinations on primary physical custody.

• A hearing officer may only make recommendations in partial custody or visitation matters.

• By assigning the case to a hearing officer, the trial court violated fundamental due process protections and improperly removed the issue from judicial oversight.

2. Omission of the Statutory Custody Factor Analysis Under 23 Pa.C.S. § 5328(a)

A second critical error was the failure to apply and analyze the 16 statutory custody factors required by 23 Pa.C.S. § 5328(a).

• These factors include considerations such as the child’s needs, sibling relationships, parental duties, and potential risks from either parent.

• Neither the hearing officer nor the trial court engaged in a meaningful discussion or written analysis of these mandatory elements.

• The Superior Court clarified that this omission alone is grounds for reversal, regardless of other issues in the case.

3. Inadequate Appellate Record and Trial Court Review

Following the Father’s objections to the hearing officer's recommendation, the trial court denied his exceptions and affirmed the custody order without issuing a reasoned opinion.

• When the matter was appealed, the trial court filed a Rule 1925(a) statement that merely referred to its prior order without addressing the legal and factual arguments raised.

• This lack of substantive judicial analysis made appellate review difficult and violated procedural norms.

The Superior Court's Ruling: Vacated and Remanded

In a firm rebuke of the trial court’s approach, the Pennsylvania Superior Court:

• Vacated the custody order and

• Remanded the case for a proper judicial hearing consistent with legal requirements.

The Court emphasized that the right to have a judge decide primary custody is unwaivable — even if both parties appear to consent to a hearing officer proceeding.

The Court also mandated that the trial court:

• Be notified within 21 days whether the parties wish to continue seeking judicial resolution.

• If so, it must schedule a de novo hearing and comply with all statutory obligations.

Legal Takeaways and Implications for Custody Cases Across Pennsylvania

1. Only Judges Can Decide Primary Physical Custody in PA

Key Point: Primary physical custody disputes must be adjudicated by a judge — not a hearing officer.

• A custody order based on a hearing officer's recommendation regarding primary custody is vulnerable to being overturned on appeal.

• This principle holds even if both parties were silent or agreed to the hearing structure.

2. Statutory Custody Factors Must Be Explicitly Addressed

Pennsylvania law is clear: Courts must evaluate and explain how each of the 16 custody factors influences their decision.

• The judge cannot simply “rubber-stamp” a recommendation.

• Written opinions must demonstrate a thoughtful analysis tailored to the child’s best interests.

3. Rule 1925(a) and Appellate Obligations Cannot Be Ignored

When a case is appealed, trial courts are obligated to explain the rationale behind their decisions.

• A blanket reference to a prior order is insufficient.

• Failure to comply with appellate procedural rules undermines judicial accountability and risks reversal.

4. Due Process in Custody Proceedings is Non-Negotiable

Perhaps the most important lesson from McGee v. McDowell is that procedural safeguards are not optional.

• The right to a fair hearing before a judge in primary custody matters is non-waivable.

• Courts must resist the temptation to streamline or delegate key responsibilities when doing so violates established law.

Final Thoughts: McGee v. McDowell as a Wake-Up Call for Courts and Practitioners

The Superior Court’s opinion in McGee v. McDowell is more than a technical correction — it is a reassertion of fundamental legal principles governing child custody in Pennsylvania.

For family law attorneys, litigants, and judges alike, this case is a clear reminder:

• Statutory procedures matter.

• Due process cannot be waived.

• Custody decisions must be grounded in law, not expediency.

As custody battles continue to be among the most emotionally charged and complex areas of family law, decisions like McGee v. McDowell ensure that the rule of law prevails — protecting children and upholding the integrity of the courts.

*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.

State vs. Federal Court: Where Will Your Civil Case Be Heard in Pennsylvania?

When facing a civil lawsuit in Pennsylvania, one of the first questions that arise is whether your case will, or can, be heard in state or federal court. The court where your case is filed can significantly impact the legal process, available remedies, and procedural rules. Here’s what you need to know about how courts are determined and why your case may be in one system or the other.

State Court Jurisdiction: The Default for Most Civil Cases

Pennsylvania’s state courts handle the vast majority of civil litigation cases, including:

• Personal injury lawsuits (e.g., car accidents, slip and falls)

• Contract disputes (e.g., business disagreements, breach of contract)

• Property disputes (e.g., landlord-tenant issues, zoning conflicts)

• Family law matters (e.g., divorce, child custody)

• Employment disputes under Pennsylvania law

Most civil lawsuits are filed in Pennsylvania Court of Common Pleas, which serves as the trial court for cases involving significant financial stakes. Smaller claims (under $12,000) may be handled in Magisterial District Courts, while appeals and more complex legal matters go to Superior or Commonwealth Court and, ultimately, the Pennsylvania Supreme Court if necessary. As explained below, even if your case is one of the types listed above, you may still find yourself in federal court whether you’d prefer it or not.

When a Case Goes to Federal Court – Courts of Limited Jurisdiction

Federal courts in Pennsylvania have limited jurisdiction, meaning a case can only be heard there if it meets specific criteria. The two primary reasons a civil case may be in U.S. District Court instead of state court are:

1. Federal Question Jurisdiction – If the lawsuit involves a question of federal law, the case belongs in federal court. Examples include:

• Civil rights violations

• Bankruptcy proceedings

• Patent, trademark, or copyright disputes

• Cases involving federal agencies

• Any federal statutes

2. Diversity Jurisdiction – If the case involves parties from different states and the amount in controversy (the amount the plaintiff is asking for) exceeds $75,000, it can be heard in federal court. For example:

• A Pennsylvania resident sues a Delaware-based company for $80,000 in damages for injuries from a slip and fall in Pennsylvania.

• A Pennsylvania man sues both a Florida man and a Georgia man for breach of a single alligator and peach contract. The non-breaching party is not a citizen of the state of either defendant and the damages exceed the $75,000 threshold.

Can a Case Be Moved Between Courts?

Yes, in some instances, a case filed in state court can be removed to federal court if it meets federal jurisdiction requirements. Conversely, if a federal court lacks jurisdiction, it may remand the case back to state court.

Removal example: If the Pennsylvania man sues the Florida and Georgia men in Pennsylvania state court and asked for more than $75,000, the Florida and Georgia men could force the case into federal court.

Remand example: If the slip and fall Pennsylvania resident sues the Delaware company in federal court and asked for $70,000, the Delaware company could remand the case to the relevant Pennsylvania county court.

Which Court Is Better for Your Case?

Each court system has advantages and disadvantages:

• State courts may move faster (county specific) for certain types of cases and may have more flexible procedures.

• Federal courts have stricter rules but may provide a more neutral forum (and juries) for cases involving out-of-state parties.

Choosing the right court can impact your case strategy. An experienced attorney can help you determine the best approach based on the specific facts of your case.

If you have questions about whether your case should be filed in state or federal court, contact The Skeen Firm at 724-249-2439 for a free case evaluation.

Maximizing Your Estate Plan with LLCs: A Smart Strategy Before 2026

As we approach 2026, many people are looking for ways to protect their wealth and ensure their loved ones benefit as much as possible. One powerful tool in estate planning is the use of Limited Liability Companies (LLCs). LLCs offer flexibility and control, making them a smart choice for families and individuals with significant assets.

Let’s dive into what LLCs are, how they can be used in estate planning, and why now is the time to take action.

What Is an LLC?

An LLC, or Limited Liability Company, is a legal structure that combines the benefits of a corporation and a partnership. It provides protection for your personal assets while offering flexibility in how the company is managed and taxed.

In estate planning, LLCs are often used to hold family assets, such as:

• Real estate

• Investments

• Family businesses

By transferring assets into an LLC, you can manage and distribute wealth in a way that aligns with your goals.

How Can LLCs Help in Estate Planning?

LLCs can be a key part of your estate planning strategy for several reasons:

1. Centralized Asset Management When you place assets into an LLC, you can manage them as a single entity. This makes it easier to oversee investments, collect rental income, and handle other financial activities. You can also name specific family members or trusted advisors to help manage the LLC.

2. Gift Tax Benefits One of the biggest advantages of using an LLC is the ability to gift ownership interests to your family members. For example, rather than giving a piece of property directly to your children, you can transfer shares of the LLC that owns the property.

Here’s the benefit: The value of the shares can often be discounted because they represent a minority interest in the LLC. This means you can transfer more value without exceeding the annual gift tax exclusion.

1. Control While Sharing Wealth Even if you give shares of the LLC to your children or other heirs, you can retain control as the manager of the LLC. This allows you to make important decisions about the assets while still sharing the benefits with your family.

2. Protecting Assets LLCs can also shield your assets from creditors and lawsuits. If someone sues a member of the LLC, the LLC’s assets are usually protected. This makes LLCs a great choice for safeguarding family wealth.

Why Act Now?

The upcoming changes to the federal estate and gift tax exemptions make now the perfect time to consider an LLC. Here’s why:

• High Exemption Limits: Currently, the federal gift and estate tax exemption is $12.92 million per person. This allows you to transfer significant wealth without paying taxes. But in 2026, the exemption is expected to drop to around $7 million per person.

• Maximize Your Gifting Opportunities: By creating and funding an LLC now, you can benefit from the higher exemption limits. Transferring ownership interests before 2026 can help you lock in these tax benefits.

Steps to Get Started

1. Consult an Estate Planning Professional Setting up an LLC requires careful planning. A lawyer or financial advisor can help you understand the legal and tax implications.

2. Choose Your Assets Decide which assets you want to place in the LLC. This could include real estate, stocks, or a family business.

3. Draft an Operating Agreement The operating agreement outlines how the LLC will be managed, who the members are, and how profits and losses will be distributed.

4. Transfer Ownership Interests Once the LLC is set up, you can start transferring ownership shares to your family members. Be sure to follow all tax laws and reporting requirements.

Final Thoughts

Using an LLC for estate planning is a smart way to manage your wealth, reduce taxes, and protect your family’s future. With the federal tax laws set to change in 2026, now is the time to take action. By planning ahead, you can make the most of today’s tax advantages and ensure your legacy is secure.

If you’re ready to explore how an LLC can benefit your estate plan, our law firm is here to help. Contact us today to schedule a consultation and take the first step toward protecting your family’s future.

Estate Planning in 2025: Why Acting Now Can Save You Later

The year 2025 is an important one for anyone thinking about estate planning. That’s because some big changes are coming to federal tax laws. Right now, you can give away a lot of money without paying federal gift or estate taxes. But after 2025, the rules will likely change, and that could cost your family more money.

Let’s break it down and talk about what you can do to protect your hard-earned money.

What Is the Federal Estate and Gift Tax?

The federal estate and gift tax is a tax on the money and property you give to others, either during your lifetime or after you pass away. But here’s the good news: There is a big exemption, which is the amount you can give away tax-free. Right now, that exemption is $12.92 million per person or $25.84 million for married couples. This means most people don’t have to worry about this tax.

That said, this high exemption won’t last forever.

What’s Happening in 2026?

Back in 2017, a law called the Tax Cuts and Jobs Act raised the estate and gift tax exemption to its current high level. But this law is temporary. On January 1, 2026, the exemption will drop back to about $7 million per person (adjusted for inflation). If you have a large estate, this change could mean a much bigger tax bill for your heirs.

For example:

• If your estate is worth $10 million and the exemption drops to $7 million, $3 million of your estate could be taxed.

• At a federal estate tax rate of 40%, your family might owe $1.2 million in taxes on that $3 million.

This is why acting now is so important.

What Can You Do?

The good news is that there are steps you can take before the law changes. Here are some strategies to consider:

1. Use Your Exemption Now If you have a large estate, think about making big gifts to your loved ones now, while the exemption is still high. This way, you can transfer more money and property without paying taxes. For example, you could give shares in a family business, real estate, or cash.

2. Create a Trust Trusts are a powerful tool for estate planning. You can use a trust to transfer assets while keeping some control over how they are used. For instance, you can set up a trust to pay for your grandchildren’s education or to support a favorite charity.

3. Work with a Professional Estate planning can be complicated, especially with the upcoming tax changes. A lawyer or financial advisor can help you figure out the best plan for your situation. They can also make sure your plan follows all the rules.

Why Plan Now?

You might think 2026 is far away, but the sooner you start planning, the better. Estate planning takes time. You’ll need to:

• Take inventory of your assets (like your home, investments, and savings).

• Decide who you want to leave your assets to.

• Set up trusts or other legal documents.

Waiting until the last minute could mean rushing through these important decisions. By acting now, you can benefit from the current tax laws and give your family peace of mind.

Final Thoughts

The federal estate and gift tax changes coming in 2026 could have a big impact on your family’s financial future. But with careful planning, you can minimize taxes and make sure more of your money goes to the people you care about.

If you’re ready to start planning or have questions about your options, our law firm is here to help. Contact us today to schedule a consultation. Together, we can create a plan that protects your legacy and gives you peace of mind.

Understanding West Virginia’s Uniform Limited Liability Company Act (Chapter 31B): Key Provisions for Business Owners

Starting a business comes with many legal decisions, and one of the most important is choosing the right structure. For entrepreneurs in West Virginia, forming a Limited Liability Company (LLC) offers flexibility and liability protection. The West Virginia Uniform Limited Liability Company Act (Chapter 31B) lays out the rules and requirements for LLCs in the state.

If you’re thinking about starting an LLC in West Virginia, this guide will help you understand the key provisions of Chapter 31B and how they impact your business.

What is Chapter 31B?

Chapter 31B is West Virginia’s legal framework for Limited Liability Companies. It provides guidelines on LLC formation, management, member roles, liability protection, and dissolution. Understanding these rules can help business owners stay compliant with state laws while benefiting from an LLC’s benefits.

Key Provisions of Chapter 31B

1. Formation and Organization of an LLC

To legally form an LLC in West Virginia, business owners must file Articles of Organization with the West Virginia Secretary of State. The Articles must include:

• The LLC’s official name (must contain “LLC” or a similar designation).

• The LLC’s business address.

• The name and address of the registered agent (the person or company designated to receive legal documents).

• The names and addresses of the LLC organizers.

• The business purpose of the LLC.

2. LLC Operating Agreement

West Virginia does not require LLCs to have an Operating Agreement, but it is highly recommended. This document outlines how the LLC will be managed and can help prevent disputes among members.

A well-drafted Operating Agreement should include:

• Each member’s ownership percentage.

• Voting rights and decision-making processes.

• Profit and loss distribution.

• Rules for adding or removing members.

• Steps for dissolving the LLC.

3. Limited Liability Protection

One of the biggest advantages of forming an LLC is personal liability protection. Chapter 31B ensures that LLC members are not personally responsible for business debts or lawsuits.

That said, members can still be held liable if they:

• Personally guarantee a business loan.

• Commit fraud or wrongful acts.

• Fail to separate personal and business finances.

4. Management Structure

West Virginia allows LLCs to be member-managed or manager-managed.

• Member-managed LLCs: All members participate in daily business decisions.

• Manager-managed LLCs: Members appoint a manager (who can be a member or an outside person) to run the business.

The Operating Agreement should state the management structure clearly to avoid conflicts.

5. Annual Reporting Requirements

Every West Virginia LLC must file an Annual Report with the Secretary of State. The report updates the state on the company’s key information and requires a $25 filing fee. Failure to file can result in penalties and potential dissolution of the LLC.

6. Dissolving an LLC in West Virginia

If an LLC decides to close, it must go through a legal process called dissolution. Common reasons for dissolution include:

• Members vote to close the business.

• The LLC reaches an expiration date set in the Operating Agreement.

• A court orders the LLC to dissolve.

After dissolution, the LLC must:

1. Pay off debts and obligations.

2. Distribute remaining assets to members.

3. File official dissolution paperwork with the West Virginia Secretary of State.

Final Thoughts

The West Virginia Uniform Limited Liability Company Act (Chapter 31B) provides a solid foundation for business owners looking to form an LLC. By understanding key provisions like LLC formation, liability protection, operating agreements, and dissolution, entrepreneurs can make informed decisions about their businesses.

If you need legal guidance on forming or managing your LLC, consulting an experienced West Virginia business attorney can ensure you meet all state requirements and protect your business interests.

Are you ready to form your LLC in West Virginia? Contact our law firm today for expert legal advice tailored to your business needs.

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

Estate Planning in West Virginia: A Simple Guide

Planning for the future is essential, no matter your age. Estate planning helps protect your family, your money, and your wishes. Making an estate plan in West Virginia is easier than you might think. Let’s go over the basic steps.

1. Make a Will

A will is a legal paper that says who gets your things when you pass away. You can name someone to take care of your estate (called an executor) and decide who gets what. To make a will in West Virginia, you must:

• Be at least 18 years old and of sound mind.

• Write down your wishes.

• Sign the will in front of two witnesses.

Without a will, the state decides who gets your things, which may not be what you want.

2. Set Up a Trust (If Needed)

A trust is another way to pass on your belongings and can help avoid court delays (probate). There are two main kinds:

• Revocable Trust: You can change it anytime.

• Irrevocable Trust: This cannot be changed but may help protect assets from taxes or creditors.

Trusts are not needed for everyone, but they can make things easier for your family.

3. Choose a Power of Attorney (POA)

A power of attorney lets someone you trust make decisions for you if you can’t. There are two types:

• Financial POA: Handles your money and property.

• Medical POA: Makes healthcare choices for you.

Choosing the right person is very important because they will have a lot of responsibility.

4. Create a Living Will (Advance Directive)

A living will explains what kind of medical care you want if you become too ill to speak. It helps doctors and your family understand your wishes.

5. Pick Beneficiaries

Some things, like life insurance or retirement accounts, go straight to the people you name as beneficiaries. Be sure to check these names often and update them as needed.

6. Think About Probate and Taxes

West Virginia has no estate or inheritance tax, but large estates may owe federal taxes. Having a plan can help avoid extra costs and delays in court.

7. Keep Your Plan Safe and Updated

Once you have an estate plan, store it in a safe place, like a fireproof box. Review it every few years or when significant life changes happen, like getting married or having kids.

Need Help?

Estate planning can feel overwhelming, but you don’t have to do it alone. The Skeen Firm is here to help you create a plan that protects your family and your future. Contact us today to get started!

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

Now offering Everyday Legal Advice in the Mountain State!

Our founder, Brocton Skeen, is officially licensed in West Virginia! ⚖️ We’re excited to bring Everyday Legal Advice to the Mountain State.

Beyoncé and Jay-Z’s Prenuptial Agreement: Pros, Cons, and Insights Under Pennsylvania Law

Prenuptial agreements, commonly known as prenups, are contracts signed by couples before marriage that outline the division of assets and financial responsibilities in the event of divorce or death. For high-profile couples like Beyoncé and Jay-Z, these agreements are crucial not only for protecting individual and joint wealth but also for setting clear expectations within their marriage. Comparing their prenuptial agreement with how similar contracts are viewed under Pennsylvania law offers interesting insights into the pros and cons of such arrangements.

The Power Couple’s Empire

Beyoncé Knowles-Carter and Shawn “Jay-Z” Carter are two of the most successful figures in the entertainment industry. Beyoncé is a globally celebrated singer, songwriter, and actress, while Jay-Z is a legendary rapper, music producer, and business mogul. Together, they have built an empire spanning music, fashion, real estate, and investments.

Given their combined net worth—which reportedly exceeds a billion dollars—it’s no surprise that they opted for a prenuptial agreement to protect their substantial assets and professional interests.

Key Clauses in Their Prenuptial Agreement

Though the couple has kept the exact terms of their prenup private, several reported provisions highlight its unique features:

1.     Child Compensation Clause: Beyoncé reportedly receives $5 million for each child the couple has together. This clause acknowledges the potential career interruptions Beyoncé may face due to childbirth and compensates for any associated financial impact.

2.     Duration-Based Financial Incentives: In the event of a divorce, Beyoncé would reportedly receive $10 million if the marriage lasted fewer than two years. For each additional year of marriage, she would receive an extra $1 million, up to a maximum of 15 years.

3.     Asset Separation: The agreement ensures that assets acquired before their marriage remain separate. This provision is common in high-profile prenuptial agreements, as it protects each party’s premarital wealth.

These clauses illustrate a strategic approach to safeguarding individual and joint interests while acknowledging the dynamic nature of their relationship.

Evolving Financial Arrangements

Following personal challenges and revelations highlighted during Beyoncé’s groundbreaking visual album Lemonade and Jay-Z’s introspective album 4:44, the couple reportedly revisited their financial arrangements. They are said to have established a postnuptial agreement to reflect changes in their financial and personal lives.

This evolution underscores an important point: prenuptial agreements are not static documents. Couples can revisit and amend their agreements to better reflect their evolving circumstances.

Prenups Under Pennsylvania Law

In Pennsylvania, prenuptial agreements are legally enforceable as long as they meet specific criteria. The state treats prenups similarly to standard contracts and emphasizes fairness, transparency, and voluntary consent.

Key requirements include:

1.     Full Financial Disclosure: Both parties must fully disclose their financial situations, including assets, liabilities, and income.

2.     Voluntary Consent: The agreement must be entered into without coercion or duress.

3.     Fairness: Courts may not enforce agreements deemed unconscionable or grossly unfair.

4.     Legal Representation: While not mandatory, it is advisable for both parties to have independent legal counsel to ensure that the terms are understood and fairly negotiated.

Unlike some states, Pennsylvania does not follow the Uniform Premarital Agreement Act (UPAA) but instead relies on its own legal precedents.

Pros of Beyoncé and Jay-Z’s Prenuptial Agreement Compared to Pennsylvania Law

1.     Tailored Clauses: The couple’s prenup includes customized provisions, such as child compensation and duration-based incentives, which are rare but permissible under Pennsylvania law. This level of customization can be highly beneficial when addressing unique circumstances.

2.     Asset Protection: Both their prenup and Pennsylvania law emphasize the protection of premarital assets. By clearly delineating ownership, couples can avoid lengthy disputes.

3.     Flexibility: The reported postnuptial agreement demonstrates that such contracts can evolve. Pennsylvania law similarly allows for amendments to prenups if both parties agree.

4.     Reduced Conflict: Clear financial arrangements help reduce potential conflicts during divorce, a benefit recognized both in high-profile agreements and Pennsylvania legal practice.

Cons of Beyoncé and Jay-Z’s Prenup Compared to Pennsylvania Law

1.     Public Perception: High-profile prenups like Beyoncé and Jay-Z’s can attract media scrutiny. In Pennsylvania, while prenups are private contracts, a contentious divorce could still bring unwanted attention to the couple’s financial arrangements.

2.     Potential for Unfairness: Pennsylvania courts scrutinize agreements for fairness. If a clause, such as a child compensation payment, were seen as inequitable or coercive, it could be challenged.

3.     Complexity of Future Earnings: For celebrities, projecting future earnings is challenging. While Pennsylvania allows for future earnings clauses, they must be carefully drafted to avoid disputes.

4.     Enforcement Challenges: Even with a well-drafted prenup, legal challenges can arise if one party claims they were not fully informed or coerced into signing.

A Model for Modern Relationships

Beyoncé and Jay-Z’s prenuptial and postnuptial agreements offer valuable lessons for all couples, not just celebrities. They demonstrate the importance of thoughtful financial planning, open communication, and adaptability.

In Pennsylvania, couples considering a prenuptial agreement should seek legal advice to ensure that their contract complies with state laws and effectively addresses their needs. Whether you have a global empire or modest assets, the principles of transparency, fairness, and mutual respect remain key to building a strong financial foundation for marriage.

Conclusion

Beyoncé and Jay-Z’s approach to financial planning highlights the benefits of prenuptial agreements while acknowledging their potential challenges. By understanding how their agreement compares to Pennsylvania law, couples can gain insights into best practices for protecting their financial future. Thoughtful planning and clear communication can help pave the way for a lasting and harmonious partnership.

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. 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.   

Broadhead Tuning: Perfecting Accuracy with Fixed and Mechanical Broadheads

For bow hunters, ensuring that broadheads fly true and hit the target with repeatable precision is paramount before heading into the field. Broadhead tuning—whether using fixed or mechanical broadheads—helps ensure that your arrows fly accurately and consistently, mimicking the same flight characteristics as your practice field points. Proper broadhead tuning can be the difference between a lethal shot and a missed opportunity.

Here’s an in-depth guide to broadhead tuning, tailored for both fixed-blade and mechanical broadheads, along with tips for achieving optimal flight performance.

For more, go read the original article at: https://huntingforjustice.com/f/broadhead-tuning-perfecting-accuracy

What Does Supervised Visitation Mean?

Within child custody matters, sometimes a court will require visitation as a term of granting supervision to a parent or guardian. There are different types of visitation but one that is possible in Pennsylvania courts is supervised visitation.  

Supervised visitation is basically how it sounds; visitation that is supervised. Courts typically issue a custody order requiring supervised visitation in situations where the court feels the child may be endangered without the added supervision.

Though this is a fairly broad concept, courts typically lay out additional provisions to meet the supervised requirement.

Courts start by issuing a custody order in which a party may only be permitted to see the child or children under additional supervision. If this is the case, the court will state in its order grounds for meeting this requirement.

Supervised visitation may include a third party or other chaperone. The court may decide who this other person is and then require that person be present anytime the child is in the presence of that party.  Supervision may be line-of-sight and/or within hearing distance.

In other instances, both parties to the child custody agreement may unanimously decide on a person to be present during supervised visits.

In different situations and where the court sees fit, these supervised visitations may have to occur at a visitation center. A visitation center is where the party specified in the custody agreement goes to visit the child. This location then provides for a safe space for the party and the child to meet to ensure the child is completely safe.

The court wants children to have a relationship with their parents and makes every attempt to ensure this is done safely. Visitation requirements can provide for children and their parents to still have a relationship without putting the children in harm's way.

Sometimes a court may grant an order requiring supervised visitation on a temporary or interim basis.  Courts may amend the order to allow for unsupervised visitation if they feel it applies to the situation and the child will remain safe. Additionally, courts may amend orders to take away visitation or require any meetings take place at a visitation center if they feel the child would benefit from more protection.                            

Hunting For Justice

If you know a hunter, they need to know Brian. Because no matter how safe you are injuries happen. If they happen because of a faulty product you can trust he’ll hunt for justice for you.

For more information go here: https://huntingforjustice.com

Understanding Employment Disputes: What Pennsylvania Small Business Owners Need to Know

Running a small business in Pennsylvania can be both rewarding and challenging. One of the challenges many Pennsylvania small business owners face is dealing with employment disputes. These are disagreements between employers and employees that can lead to lawsuits. Let's break down the main types of employment disputes and how you can avoid them.

Wrongful Termination

Wrongful termination happens when an employee believes they were fired unfairly. This could be because they think they were let go due to their race, gender, age, or other protected characteristic. To avoid wrongful termination claims, always document the reasons for firing an employee and ensure they follow company policy and employment laws.

Discrimination

Discrimination in the workplace occurs when an employee is mistreated because of their race, gender, age, disability, or other protected traits. This can lead to lawsuits that can be costly and damaging to your business's reputation. To prevent discrimination, create a clear anti-discrimination policy and provide regular training to your employees.

Harassment

Harassment includes any unwelcome behavior that creates a hostile work environment, such as sexual harassment or other forms of bullying or intimidation. It's important to have a strong anti-harassment policy and take any complaints seriously. Make sure to investigate all complaints and act to stop the harassment.

Wage and Hour Disputes

Wage and hour disputes arise when employees believe they are not being paid fairly. This could be because of unpaid overtime, not receiving minimum wage, or being classified incorrectly as an exempt employee. To avoid these disputes, ensure you follow all wage and hour laws and keep accurate records of employee hours and pay.

How to Protect Your Business

1. Create Clear Policies: Write policies for termination, discrimination, harassment, and wage issues. Ensure that all employees understand these policies.

2. Keep Good Records: Document everything, from hiring and firing decisions to wage and hour records. This documentation can be crucial if a dispute arises.

3. Train Your Employees: Regular training on company policies and employment laws can help prevent disputes. Make sure your employees know their rights and responsibilities.

4. Seek Legal Advice: If you're unsure about employment laws or facing a dispute, it's a good idea to consult with a lawyer. They can provide guidance and help protect your business.

Employment disputes can be challenging, but with the right policies and practices in place, you can reduce the risk of facing them. Understanding these common issues and taking proactive steps can create a fair and positive work environment for your employees.

Running a small business is hard work, but dealing with employment disputes doesn’t have to be. Stay informed, stay prepared, and your business can thrive

*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.  

5 Bow Hunting Safety Tips for Your 2024-25 Season From a Hunter/Lawyer

Soon it will be the best time of the year for many hunters in Pennsylvania: Bow Season! I am sure most of us have some solid bucks on camera and are already hanging or trimming stands. As an injury attorney, I thought it wise to write an article on the five most common causes of injuries we hunters suffer due to our negligence, or sometimes even the negligence of others via poor manufacturing of products or the downright stupidity of fellow sportsmen.

1. Always Carry and Use a Safety Harness

When hunting from a tree stand, whether it is a climber or ladder stand using a safety harness is non-negotiable. Falls from tree stands are a leading cause of hunting-related injuries, and a harness can be the difference between a close call and a serious, life-changing accident. Often it is due to hunters not doing what they know they are supposed to. Other times it is a faulty product. Either way, we can only do as much as we can to prevent injury. Ensure that your harness is properly fitted, in good condition, and securely attached to the tree at all times. If you are climbing, shimmy up the tree with the harness attached, loosening it and tightening it with each rep as you climb. If you have a ladder stand, tie-off as soon as you get up in the tree. If you can, use a lifeline system so you are attached to the tree the entire time you climb a ladder or your climbing sticks (link in footnote).[1]  Also as you kind of have to with climbers, use a string to pull your bow up and never climb a ladder/climbing sticks with your bow. Doing so only prevents you from focusing on tying yourself to the tree as soon as possible. Even the most experienced bowhunters fall every year. You aren’t immune!

2. Check and Maintain Your Equipment Regularly

Your bow, arrows, and other gear should be in top condition before every hunt. Inspect your bow for any signs of wear and tear, such as frayed strings (wax them), loose screws (tighten them), or cracks in the limbs (probably buy a new bow). Carbon arrows carry a severe, although rare risk. If using carbon, as most do nowadays, a damaged arrow can cause the arrow to splinter or snap while under pressure when you release, causing multiple daggers of carbon to shoot through your arm/hand:

Sometimes this is due to something you did to the arrow to damage it, or it can be a manufacturing defect giving rise to products liability. In sum, regular maintenance not only extends the life of your equipment but also ensures that everything functions properly when you need it most. What most may not think about, is checking for recalls. I’ve seen some recalls on certain compounds over the years, and a buddy of mine got his thumb severed due to a faulty safety on his crossbow. Checking for recalls are just one more thing you can do to ensure you will be safe this season.

3. Know Your Target and Beyond, and Be Smart About Movement

You’d think this would only be a concern in rifle season, but we have to talk about it here, too. One of the most fundamental rules of any type of hunting is to identify your target and what lies beyond it. Never shoot at movement or noise; always positively identify your target before drawing your bow. Be aware of the surroundings beyond your target to avoid accidentally hitting another animal, person, or property. A quick Google search unfortunately shows that people do, somehow, get shot with bows every year while hunting. A more prevalent risk is getting shot by hunters with guns while bowhunting. For example, last year a Pennsylvania guy was convicted for accidentally killing a bowhunter in Colorado with a muzzleloader https://www.themeateater.com/hunt/big-game/bowhunter-accidentally-killed-by-fellow-elk-hunter-in-colorado. (This is scary, as I am going back to Utah this September to see if we can get another elk in bow season and I think it will also be muzzleloader season!) Just as I explained in my turkey hunting safety video, if you see another hunter, don’t waive. Yell if you feel you are at risk instead. Dumb people will, unfortunately, shoot at movement.

4. Communicate and Follow Hunting Etiquette

Whether you’re hunting alone or with a group, clear communication is vital. Let someone know where you’ll be hunting and when you expect to return. Keep your group aware of each other's locations at all times. Respect other hunters' space and avoid encroaching on their hunting area. Following basic hunting etiquette not only enhances safety but also ensures a more enjoyable experience for everyone involved.

5. Use Safe Knife Handling Techniques When Gutting

When you finally drill that big one you had one camera or you are zippin’ does and filling the freezer (super fun in my opinion), make sure you are being smart about your blade usage while gutting. Always strike and cut away from you and your hand/fingers. When you are in the guts, I always put my non-knife hand in first and follow my arm with my knife hand with the blade facing away to avoid getting cut. This is most useful when you have to reach in and cut the esophagus and pull out the respiratory system. If you don’t keep you hearts, give them to me! If this is all foreign to you, here is a video I made 5 years ago on gutting deer: https://www.youtube.com/watch?v=tn7-byIs0Lk

CONCLUSION

Some of these have probably been told you your whole life, or they may be new advice. Either way, it’s always a good idea to review bow hunting safety. Use safety harnesses, check your gear, shoot at deer, not people, let people know where you are, and don’t cut yourself. Simple stuff. Good luck this season!

If you happen to know anyone that was unfortunate enough to be injured in a hunting accident, call my office (The Skeen Firm) at 724-249-2439 for a free consultation.

 

Brian P. McLaughlin (pictured left, bow season 2021)

*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.  

[1] https://www.cabelas.com/shop/en/hunter-safety-system-treestand-lifeline?ds_e=GOOGLE&ds_c=Cabelas%7CSearch%7CDSA%7CHunting%7CGeneral%7CNAud%7CNVol%7CNMT&gad_source=1&gclid=EAIaIQobChMI7PajyuTlhwMV3kX_AR1kmw5fEAAYASAAEgJzXPD_BwE&gclsrc=aw.ds

What is “Child Custody?”

Child custody in the state of Pennsylvania determines who has actual custodianship over a specific child. The person (or persons) with legal custody over the child has the right to make decisions in the best interest of the child pertaining to health, education, and religious decisions.

The issue of child custody usually arises in cases of divorce in which both spouses have legal custody over the same child.

Child custody is an extremely broad term. Pennsylvania courts may grant seven categories of custody to either parent. These categories may limit the scope of custody a parent may be awarded.

These categories include:

1.)      Shared physical custody in which each parent is granted significant physical custody over the child;

2.)      Primary physical custody in which the court awards one parent physical custody over the child for the majority of the time while the other parent still has visitation rights;

3.)      Sole physical custody permits one parent to have the exclusive right to custody over the child;

4.)      Partial physical custody limits one of the parents to physical custody less than a substantial amount of the time;

5.)      Supervised physical custody grants custodial time to a parent but requires that a third party or agency be present for the visit;

6.)      Shared legal custody permits more than one person to have legal custody over the child and share in the decision-making responsibilities and duties to that child; or

7.)      Sole legal custody in which only one person has the legal and exclusive right to take care of that child.

Based on the situation between the two parents, whether it be biological parents, adoptive parents, or guardians of the child, the court will grant one of these forms of custody. Each situation is different, and the court awards custody based on what is in the best interest of the child, not the two parties involved.

Once the court awards custody to a specific party or parties, then that custody order must be followed. Failure to abide by the court's child custody order may lead to being held in contempt of court. If a party is found to be in contempt of court for violating a child custody order, they may face fines, imprisonment, probation, or other penalties.

The court takes child custody cases very seriously as children in these situations are typically too young to speak for themselves. Every situation is different and thus, the court weighs out all the applicable factors and applies them as they see fit.