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       linda.stepenovitch@bankofamerica.com




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From:  </O=ENRON/OU=NA/CN=RECIPIENTS/CN=JSTEPENO>
To: linda.stepenovitch@bankofamerica.com
Date: Tuesday, October 23, 2001 3:02:13 GMT
Subject: 

I hope this answers your questions.

-me



>  -----Original Message-----
> From: 	Jonda Stowell <jls@fullenweider.com>@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: Joe.Stepenovitch@enron.com [mailto:Joe.Stepenovitch@enron.com]
> Sent: Tuesday, October 23, 2001 9:05 AM
> To: jls@fullenweider.com
> 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 <jls@fullenweider.com>@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:  jls@fullenweider.com
> 
> 
> 
> 
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