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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA

STEPHEN PAUL MARTIN, Petitioner and THERESA MARIE MARTIN, Respondent, and HELENE F. OTTINGER and FORREST OTTINGER, Third-Party Respondents.

CASE NO: 51-2004-DR-4764WS DIV. “E”

AMENDED COUNTER-PETITION FOR MODIFICATION OF FINAL JUDGMENT COMES NOW, Respondent THERESA MARIE MARTIN, by and through her undersigned counsel, and sues Counter-Respondents HELENE F. OTTINGER and FORREST OTTINGER, and would allege as follows, to-wit: 1. 2. This is a cause for action for civil damages for kidnapping. Respondent THERESA MARIE MARTIN had physical custody and legal primary residence of the parties’ minor children, Stephanie Martin and Jessica Martin pursuant to this Court’s Final Judgment of Dissolution of Marriage entered in Pasco County Case No. 51-2004-DR-101WS.

3.

Prior to June 19, 2004, Petitioner STEPHEN PAUL MARTIN,

in

conjunction with his mother and stepfather, Counter-Respondents HELENE F. OTTINGER and FORREST OTTINGER, did provide transportation, monies and a place to bring the children back to Michigan, all of which were essential and necessary in order for the Petitioner to carry out his plan to kidnap the children.

4.

On or about June 19, 2004, Petitioner STEPHEN PAUL MARTIN, did travel to Florida using the car and money obtained from Counter Respondents, HELENE F. OTTINGER and FORREST OTTINGER, did come to Florida and then kidnapped, appropriated and took the two minor children, without the knowledge of Respondent THERESA MARIE MARTIN and also contrary to t he Florida Final Judgment of Dissolution of Marriage giving her primary physical custody of said children. He then fled from Florida and removed the children to the state of Michigan where he sought refuge with Counter-Respondents OTTINGER. HELENE F. OTTINGER and FORREST

5.

The actions of Petitioner STEPHEN PAUL MARTIN and CounterRespondents HELENE F. OTTINGER and FORREST OTTINGER, not only violated the standing Florida order, but also violated provisions of the Federal Parental Kidnapping Statute (Title 28 USC § 1738A) and the Uniform Child Custody Jurisdiction Act (F.S. §61.1302).

6.

Florida has

jurisdiction

of the Counter-Respondents HELENE

F.

OTTINGER and FORREST OTTINGER, because the conspiracy was carried out and the actual act of kidnapping occurred in the state of Florida.

7.

As a direct and proximate cause of Counter-Respondents’ HELENE F. OTTINGER and FORREST OTTINGER, actions, the Respondent THERESA MARIE MARTIN has been damaged by loss of companionship of her minor children, legal and other expenses for the children’s recovery, plus counseling and therapy expenses to reunify the family.

8.

The actions of the Counter-Respondents HELENE F. OTTINGER and FORREST OTTINGER, were premeditated, wanton and calculated to remove these children from Respondent’s THERESA MARIE MARTIN legal custody without due process of law.

WHEREFORE, the Respondent THERESA MARIE MARTIN demands a judgment for the compensatory damages and costs and further demands a trial by jury.

Certificate of Service I CERTIFY that a copy of the foregoing Amended Counter-Petition for Modification of Final Judgment has been furnished to Arnelle M. Strand, Esq., 8138 Massachusetts Avenue, New Port Richey, FL 34653 via fax and regular U.S. Mail this 12th day of May, 2005.

____________________________ PETER O. BRICK, ESQ. Brick & Hammond 9436 Regency Park Blvd. Port Richey, FL 34668 (727) 847-3121 Florida Bar No. 150039 Attorney for Respondent