This is a true and exact copy Official stamp 6/29/93
of the actual motion presented


IN THE THIRD DISTRICT COURT 

STATE OF UTAH        



)
LUCINDA A. SAVIO, PLAINTIFF    )         MOTION TO DISMISS     
)
vs              )                
)
KENNETH J. SAVIO, DEFENDANT    )     CIVIL Case No. 93-4902529 
)
)

COMES NOW THE DEFENDANT:

1) Defendant moves to dismiss above captioned action because Plaintiff is not acting of her own free will in bringing said suit.


2) Plaintiff is an inpatient in a registered psychiatric facility, and has been since at least June 14th, 1993.


3) Plaintiff has communicated with others, notably Defendant, that she has received threats from her father, LYNN GOTTFREDSON, to the effect "...do exactly as I say or I promise you you'll never see your children again!". This is clearly hearsay, but may be admissible. Such a threat is doubly compelling on Plaintiff because said LYNN GOTTFREDSON is detaining both of Plaintiff/Defendant's minor children. Said detention was recently found by the Sandy City Attorney to be unlawful, and police were instructed to act to end such detention. A deadline of 5PM Monday, June 28th, was imposed by said police on Plaintiff's father, LYNN GOTTFREDSON; which fully explains why this current action was filed, under extreme duress, around 4PM on same date.


4) In conclusion, Plaintiff has been mercilessly coerced into bringing the current action. Defendant knows there to still be great love between the litigants; counseling could be effective once the aura of threats is removed; and Defendant earnestly believes there to be no irreconcilable differences.


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IN THE THIRD DISTRICT COURT

STATE OF UTAH

)
           LUCINDA A. SAVIO, PLAINTIFF    )   REQUEST FOR IMMEDIATE HEARING          
)
vs              )                
)
KENNETH J. SAVIO, DEFENDANT    )    CIVIL Case No. 93-4902529  
)
)

COMES NOW THE DEFENDANT:

1) Whereas the welfare of two minor children is at issue, and likely in immediate peril, as detailed partially in accompanying MOTION TO DISMISS; therefore, Defendant asks that an immediate hearing be provided on same said MOTION.