E-FILED 2013 MAR 13 2:41 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY LISA RENAE SCUITO Plaintiff VS ERIC W MUSGRAVE Defendant 02811 DRCV019396

ORDER

This matter came on for hearing on March 12, 2013. The parties informed the court that they had reached a resolution of this matter. IT IS THEREFORE ORDERED that the March 12, 2013 hearing is canceled.

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E-FILED 2013 MAR 13 2:41 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number DRCV019396 Type: Case Title LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE OTHER ORDER So Ordered

Electronically signed on 2013-03-13 14:41:15

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E-FILED 2013 APR 04 11:42 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

LISA RENAE SCUITO , Plaintiff / Petitioner, vs. ERIC W MUSGRAVE , Defendant / Respondent. Notice of Civil Trial Setting Conference Case No: 02811 DRCV019396

A scheduling conference will be held on 04/15/13 at 10:30 AM with Kellie Orres, as District Court Designee, pursuant to I.R.C.P 1.602. This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752. 1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A party who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call. 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN. 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is substantially unprepared to participate in the conference, the Court may impose appropriate sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

/s/ Kellie Orres --------------------------------------Designee of the Court Clerk to provide copies or notice of document to attorneys of record and parties appearing

E-FILED 2013 APR 04 11:42 AM SAC - CLERK OF DISTRICT COURT

pro se.

Recipient List Case ID : 02811 DRCV019396 - LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE E-FILED 2013 APR 04 11:42 AM SAC - CLERK OF DISTRICT COURT Event Cd : OFTN ERIN ELIZABETH MCCULLOUGH CHARLES ADAM SCHULTE filed filed

E-FILED 2013 APR 15 11:04 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

LISA RENAE SCUITO , Plaintiff / Petitioner, vs. ERIC W MUSGRAVE , Defendant / Respondent. Case No: 02811 DRCV019396 Trial Notice

The above entitled matter is hereby scheduled for non-jury trial on 09/12/13 at 09:00 AM . 1/2 Day Support/Visitation

/s/ Kellie Orres ----------------------------------Designee of the Court

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and assigned judge.

Docket Code = OSTR

Recipient List Case ID : 02811 DRCV019396 - LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE E-FILED 2013 APR 15 11:04 AM SAC - CLERK OF DISTRICT COURT Event Cd : OSTR ERIN ELIZABETH MCCULLOUGH CHARLES ADAM SCHULTE filed filed

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 10:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 16 12:46 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

UPON THE PETITION OF LISA RENAE SCUITO Petitioner AND CONCERNING ERIC WILSON MUSGRAVE Respondent

CASE NO DRCV019396

ORDER SETTING HEARING

Upon the presentation of an Application for Hearing Re: To Enforce the Agreement and Attorney Fees filed in the above named matter, it is ordered that the time and place of hearing thereon is hereby set and fixed as being in the SAC COUNTY COURTHOUSE in Sac City, Iowa at 10:00 a.m. on the 21st day of May, 2013; and that service of notice of hearing shall be made by EDMS.

Copies to: Counsel of Record Unrepresented Parties

E-FILED 2013 APR 16 12:46 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number DRCV019396 ORDER SETTING HEARING Case Title LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE So Ordered

Electronically signed on 2013-04-16 12:46:09

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E-FILED 2013 APR 16 4:04 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY UPON THE PETITION OF LISA RENAE SCUITO, Petitioner, : AND CONCERNING ERIC WILSON MUSGRAVE, Respondent. : : : : DRCV019396 RESPONSE TO APPLICATION FOR HEARING

COMES NOW the Respondent and for his response to the application for hearing filed by the Petitioner states: 1. The Respondent generally admits the allegations of Paragraphs 1, 4, and 5 of the Application. 2. The Respondent denies the allegations of Paragraphs 2, 6 and 7 of the Application. 3. As to Paragraph 3, the Respondent agrees that the Court requested that any agreement reached by the parties which deviated from the Iowa Supreme Court Guide Lines be first submitted to Assistant Attorney General Jade Havermann for her review. 4. The Respondent affirmatively alleges that no agreement was ever reached; but that a proposed agreement was reduced to writing and submitted to Assistant Attorney General Jade Havermann. There is no written agreement signed by the parties and filed with the court. WHEREFORE, the Respondent prays the Court to deny the request to enforce the agreement and further deny the Petitioners request for attorney fees.

E-FILED 2013 APR 16 4:04 PM SAC - CLERK OF DISTRICT COURT

Respectfully submitted,

/s/ Charles A. Schulte Charles A. Schulte, #AT0007137 SCHULTE & GRAVEN LAW FIRM, P.C. 421 Main, P.O. Box 392 Sac City, IA 50583 (712) 662-4715 Fax No. (712) 662-4884

E-FILED 2013 MAY 21 11:08 AM SAC - CLERK OF DISTRICT COURT

2RCV12 IN THE IOWA DISTRICT COURT FOR SAC COUNTY LISA RENAE SCUITO , Plaintiff, vs. ERIC W MUSGRAVE , Defendant. COURT REPORTER MEMORANDUM AND CERTIFICATE Case No. 02811 DRCV019396

COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.) Appearances: For Plaintiff/Petitioner: Erin McCullough For Defendant/Respondent: Chuck Schulte Other: Information required by Iowa Rule of Civil Procedure 1.903(3): I, Michelle Phillips, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. The type of proceeding that was reported: Enforce Agreement 2. The date(s) on which the proceeding occurred: May 21, 2013 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10. /s/Michelle Phillips _________________________________________
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E-FILED 2013 MAY 21 11:08 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number DRCV019396 Type: Case Title LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE COURT REPORTER MEMORANDUM AND CERTIFICATE So Ordered

Electronically signed on 2013-05-21 11:08:19

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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LISA RENAE SCUITO, Petitioner, vs, ERIC WILSON MUSGRAVE, Respondent. ORDER No. DRCV019396

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CO

en

Hearing

on t h e A p p l i c a t i o n t o E n f o r c e t h e

Agreement and A t t o r n e y Fees i n t h e above a c t i o n was h e l d t h i s date. P e t i t i o n e r appeared i n person and w i t h her

a t t o r n e y , E r i n McCullough; Respondent appeared i n person and w i t h h i s a t t o r n e y , C h a r l e s Schulte.

For t h e reasons s t a t e d o f r e c o r d , t h e f o l l o w i n g Order i s e n t e r e d . ORDER IT IS ORDERED t h a t t h e " S t i p u l a t i o n and Agreement" p r e v i o u s l y e n t e r e d i n t o between t h e p a r t i e s , e n t e r e d as P e t i t i o n e r ' s E x h i b i t 1 i n today's h e a r i n g , and a t t a c h e d h e r e t o i s ENFORCED. The provisions p a r t i e s a r e ordered t o abide by i t s

The at trial.

q u e s t i o n of a t t o r n e y fees w i l l be

addressed

Dated t h i s 2 1

st

day of May,

2013

Thomas J . B i c e D i s t r i c t Court Judge Clerk to f u r n i s h copies to: E r i n McCulloughV Charles Schulte /

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IN THE IOWA DISTRICT COURT FOR SAC COUNTY UPON THE PETITION OF LISA RENAE SCU1TO Petitioner, ERIC WILSON MUSGRAVE Respondent. DRCVO19396 STIPULATION AND AGREEMENT

This stipulation is entered into this day of , 2013, by and between Lisa Renae Scuito and Eric Wilson Musgrave, petitioner and respondent respectively herein. The parties agree as follows: The Petitioner is represented by Erin McCullough, PO Box 305 Lake View, IA 51450. The Respondent is represented by Charles A. Schulte 421 Main Street, Sac City, IA 50583. Both parties desire an amicable settlement of all their rights, duties and obligations growing out of their past relationship and growing out of the issues presented in the pleadings in this cause. IT IS AGREED, SUBJECT TO THE APPROVAL OF THE COURT, AS FOLLOWS: 1. Paternity: The Parties acknowledge that the Respondent, Eric Wilson Musgrave is the biological father of Aiden Duane Musgrave, born September 12,2011. 2. Custody: The Parties agree that they shall have joint legal custody of the child and that he shall be in the primary care of the Petitioner, Lisa Renae Scuito. 3. Visitation: Eric shall have such visitation rights as the parties shall agree upon. In any event, Eric shall be entitled to the following visitation with the child. One week per month beginning with the week of March 18, 2013, at 7:15 A.M. and concluding Monday one week later. The parties will agree as to which weeks in subsequent months that Eric shall exercise visitation. Eric's week of visitation shall, however, commence on S u n d a j ^ ^

f-i PETITIONER'S If EXHIBIT

and end Monday one week later. After the child has entered pre-school, Eric shall have visitation rights during one week in June, unless the child is engaged in organized sports or other organized activities. Eric shall also have visitation with the child for two weeks in July and one week in August. In the event that the child is engaged in sporting or other organized activities in the month of June, Eric shall have visitation for 21/2 weeks in July and 11/2 weeks in August. In consideration of Lisa agreeing to lower child support than indicated by the child support guidelines, Eric shall provide transportation for visitation. 4. Child Support: The parties agree that Eric shall pay $75.00 per month as child support. They agree to deviate from the Iowa Child Support Guidelines because of the significant transportation costs for visitation being undertaken by Eric. Child support shall continue until the child attains the age of 18 years or graduates from high school, whichever occurs later. 6. Health Care: The children are currently covered by Title XIX. The parties agree that each has a continuing duty to provide for health care for the children and in that regard, should health care insurance become available to a party through that party's employment at a reasonable cost, the same shall be obtained. In any event each party shall be responsible for one half of the cost of all uninsured health care expenses incurred on behalf of the children. 7. Income Tax Exemption: The parties agree that Lisa shall be allowed to claim the child as an exemption for state and federal income tax purposes. 8. COSTS AND FEES: Each party shall be responsible for payment of his or her attorney fees. The balance of court costs shall be paid by the respondent. 9. F U L L AND C O M P L E T E A G R E E M E N T : This agreement shall represent the full, complete and final settlement of the parties' rights, titles, interests, duties and obligations growing out of the relationship of the parties. Dated this day of , 2013

Lisa Renae Scuito, Petitioner Dated this day of , 2013

Eric Wilson Musgrave, Respondent

Iowa Child Support Recovery Unit

By: Jade Havermann

E-FILED 2013 SEP 12 10:16 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY LISA RENAE SCUITO, Plaintiff, vs. ERIC WILSON MUSGRAVE, Defendant. ) ) ) No. DRCV019396 ) ) COURT REPORTER )MEMORANDUM AND CERTIFICATE ) )

Court Reporter Memorandum Appearances: For Plaintiff/Petitioner: Erin McCullough For Defendant/Respondent: Charles Schulte

Information required by Iowa Rule of Civil Procedure 1.903(3): I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of Civil Procedure 1.903(3): 1. 2. The type of proceeding that was reported: trial The date(s) on which the proceeding occurred: September 12, 2013

3. The name of the court reporter who reported the proceeding: Nancy A. Timmons 4. The name of the judge who presided over the proceeding: William C. Ostlund

5. The reporting fee for the proceeding: $40.00

6. We, the undersigned judge before whom the above-entitled case was tried, and the official court reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing is the repot of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section 624.10.

Dated this 12th day of September, 2013. ______/s/ Joel E. Swanson District Court Judge __/s/Nancy A. Timmons Official Shorthand Reporter
nancy.timmons@iowacourts.gov

____

____

E-FILED 2013 SEP 12 12:58 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY Upon The Petition Of LISA RENAE SCUITO, Petitioner, And Concerning ERIC WILSON MUSGRAVE, Respondent. ) ) ) ) ) ) ) ) ) ) )

No. DRCV019396 Decree

Trial was held in this case on September 12, 2013. At that time, the Petitioner, Lisa Scuito, appeared personally along with her attorney, Erin McCullough. The Respondent, Eric Musgrave, appeared personally along with his attorney, Charles Schulte. Lisa Scuito filed her PETITION FOR CUSTODY on January 7, 2013, stating that she and Eric Musgrave were the parents of Aiden Duane Musgrave who was born September 12, 2011. The Petitioner and the Respondent have never been married. On January 23, 2013, Eric Musgrave filed an ANSWER admitting all allegations of the Petition except those pertaining to the requested primary physical care. On or about February 23, 2013, the Petitioner and the Respondent entered into an agreement resolving all issues requested by the Petitioner (Petitioners Exhibit 2). That document was incorporated into a STIPULATION AND AGREEMENT which was approved by the Child Support Recovery Unit and covered paternity, custody, visitation, child support, health care, income tax exemption, costs and fees. Eric Musgrave admitted that he is the biological father of Aiden Musgrave, born September 12, 2011 and further agreed that the Petitioner and the Respondent should have joint legal custody with the primary physical care being with Lisa Scuito. The parties set forth a visitation schedule and, with the approval of the Child Support Recovery Unit, deviated from the child support guidelines because of the extensive transportation costs which

E-FILED 2013 SEP 12 12:58 PM SAC - CLERK OF DISTRICT COURT

would be incurred by Eric during visitation. The parties further agreed on the health care expense, gave the income tax exemption to Lisa, and determined that each of the parties should be responsible for their own attorney fees and any additional court costs after the filing fee would be paid by Eric. Subsequent to that Stipulation, Eric had misgivings about his agreement and based his request on the time and expense of his transportation costs in combination with the agreed-upon $75.00 per month as child support. Petitioners Exhibit 1 is the Child Support Guideline Worksheet which content was agreed upon between the Petitioner and the Respondent. The calculations would require Eric to pay $295.00 per month as child support. Eric Musgrave and Lisa lived together in Mohamet, Illinois, until earlier this year, when Lisa moved back to Sac City, approximately 450 miles from Mohamet, Illinois. The parties had agreed that Eric would absorb all transportation costs and would pick Aiden up at his residence in Sac City. Eric soon realized that the cost of such transportation requirement would vary between $100 and $140 per trip for gasoline, approximately $50 for food, and on many occasions he was required to stay overnight which cost approximately $80 per night. Thus, the travel costs exceeded any child support as calculated. The Petitioner and Respondent appeared to have the best interests of Aiden at the forefront in their agreement on extended visitations, and all parties agree that Aiden is benefiting from extended time with his father and wish to continue the extensive visitation as agreed upon. Lisa testifies to her concern of her vehicle and her ability to follow any change in the pick-up and delivery points for child visitation. She further testifies to a minor child by a previous relationship wherein she is not the primary physical custodian but has a visitation schedule. The visitation schedule also can be interrupted by weather, unforeseen occurrences, illnesses and eventually activities of the child as he grows older. The Court also notes that although it is a difficult process to drive extensive miles for pick-up of a child for visitation, it is also the same process for the child himself. The parties have chosen to live 450 miles apart.

E-FILED 2013 SEP 12 12:58 PM SAC - CLERK OF DISTRICT COURT

Although Eric Musgrave testifies to his proposals for visitation as Aiden reaches school age. The Court cannot and will not speculate on how that can be determined. The Court finds that Eric has presented a valid case for his requested visitation schedule and transportation requirements. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: 1. Lisa Renae Scuito is the biological mother and Eric Wilson Musgrave is the biological father of Aiden Duane Musgrave, born September 12, 2011. 2. Lisa Scuito and Eric Musgrave are granted joint legal custody of Aiden Musgrave with physical care being granted to Lisa Scuito. 3. Child Support: Eric Musgrave shall pay the sum of $295.00 per month for the support of Aiden Duane Musgrave, which shall commence for the month of September, 2013, and shall be payable monthly thereafter until Aiden Musgrave reaches the age of 18, graduates from high school, whichever occurs later, dies or is emancipated, whichever occurs earlier. All child support shall be paid through the Clerk of the District Court or Collection Services Center, P. O. Box 9125, Des Moines, Iowa 50306-9125. Petitioner shall prepare a mandatory income withholding order. 4. Visitation: The visitation schedule agreed upon between the parties which is now being followed shall continue except that the transportation shall be divided equally between the Petitioner and the Respondent. The parties shall meet in Walcott, Iowa, for pick-up and delivery of Aiden. 5. Income Tax Exemption: In even-numbered years, Lisa shall be allowed to claim Aiden as an exemption for state and federal income tax purposes and in odd-numbered years Eric Musgrave shall be allowed to claim Aiden as an exemption for state and federal income tax purposes. 6. Costs and Fees: Each party shall be responsible for their own attorney fees. Any court costs shall be divided evenly between the parties.

E-FILED 2013 SEP 12 12:58 PM SAC - CLERK OF DISTRICT COURT

Clerk to forward copies to: Erin McCullough Charles Schulte

E-FILED 2013 SEP 12 12:58 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number DRCV019396 OTHER ORDER Case Title LISA RENAE SCUITO VS. ERIC WILSON MUSGRAVE So Ordered

Electronically signed on 2013-09-12 12:58:30

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