IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

STEPHEN PAUL MARTIN,

Petitioner CASE NO: 51-2004-DR-4764WS
and
DIV. “E”
THERESA MARIE MARTIN,
Respondent,
and

HELENE F. OTTINGER and

FORREST OTTINGER,
Third-Party Respondents.

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. This is a cause for action for civil damages for kidnapping.

2. 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 HELENE F. OTTINGER and FORREST
OTTINGER.

5. The actions of Petitioner STEPHEN PAUL MARTIN and Counter-

Respondents 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