Subject: FW: Stepenovitch
From: [email-masked]
To: [email-masked]
Date: Tue, 23 Oct 2001 08:02:13 -0700 (PDT)

I hope this answers your questions.

-me

 -----Original Message-----
From: 	Jonda Stowell <[email-masked]>@ENRON  
Sent:	Tuesday, October 23, 2001 9:40 AM
To:	Stepenovitch, Joe
Cc:	Donn Fullenweider
Subject:	RE: Stepenovitch

Dear Joe:

In order to prepare your case for trial, several things are necessary, as
follows:

1.  Depositions must be taken of you and Tonya.

2.  We must send discovery to Tonya and we must have sufficient time
pursuant to the Texas Rules of Civil Procedure for it to be answered prior
to trial.

3.  The Court will require mediation before we can go to trial.

4. The Court will appoint a mental health examiner and possible an attorney
ad litem to represent Payton's best interests.

This is now a case where custody and possession are an issue and these steps
MUST be taken before we can proceed to trial.  Initially, after paternity
was established and you first visited with Payton, your desire was that all
possession periods would be worked out by agreement and neither you nor
Tonya wanted any more court proceedings.  However, since then, Tonya has
bucked your every request for visitation and put limitations of one kind or
another on it, turning the case into a custody case.  Without discovery to
Tonya (similar to the discovery we answered for you) and Tonya's deposition
and a mental health evaluation, we are not prepared for trial and the Court
would not be ready to hear the case and entertain what was in Payton's best
interest.  Therefore, Mr. Fullenweider did not opposed Stewart Gagnon's
motion for continuance, and would have, in fact, have filed one himself in
keeping with your best interest (and Payton's) in mind.

As I explained, we are working on a Request for Temporary Orders, which I
expect will be set on 11/14/01, along with the hearing on mental
evaluations.  At that time, I expect the court to set your possession
periods with Payton, including holidays.  Until then, we must work on
scheduling your possession periods by agreement.

To confirm your November 3rd visitation period, you have chosen to have
Payton from 12:00 noon to 7:00 p.m. in Vero Beach on the 3rd and will forego
November 4th. Where will you pick up and drop off Payton?

Jonda

-----Original Message-----
From: [email-masked] [mailto:[email-masked]]
Sent: Tuesday, October 23, 2001 9:05 AM
To: [email-masked]
Subject: RE: Stepenovitch

Good Morning Jonda,

I received the papers from you yesterday about the continuance.  I was
under the impression that it was the court moving the date.  It looks like
to me its Tonya and her Lawyer.  They have been doing pushing this case
back from the start and I'm sure they are doing this for a reason (to say
to the jury: that a bond has been created and its not in the best interest
of the child to go with his father after being with his mother for so long)
At this point if we go to trial Payton will be 1 year old and I will have
only seen him about 12 times.  I don't think I will win that battle!

As for the November 12th court date will we have something in writing by
the judge so I can start having my rights!  I feel like her and her lawyer
can tell us what to do and we must follow there rules.  Will this change or
do I have to go through this until the April court date?  That can't be how
is system works.  I should have the right to pick my own son up whenever I
want and no court or lawyer or even his mother should have anything to say
about that.  I don't understand why everything is against me?

Finally,  for the weekend of Nov 1st I will take my son for the whole day
(in Vero) on Saturday and forego Sunday.

-Joe

    -----Original Message-----
   From:   Jonda Stowell <[email-masked]>@ENRON
   Sent:   Friday, October 19, 2001 3:33 PM
   To:     Stepenovitch, Joe
   Subject:  Stepenovitch

   Dear Joe:

   I just received a phone call from Miryam  Mitchell.  She said if you
   would like to take Payton to Vero Beach on  Saturday, November 3rd, you
   may have him from 12:00 to 7:00, if you are willing  to forego
   visitation on Sunday and let Tonya have him all day on  Sunday.

   If you'd prefer this, let me know.  It  is your call.

   Jonda L. Stowell
   Legal Assistant
   The Fullenweider Firm
   4265 San  Felipe, Suite 1400
   Houston, TX  77027
   (713) 624-4100  Telephone
   (713) 624-4141 Facsimile
    e-mail:  [email-masked]

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