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IN THE IOWa DISTRICT COURT FOR MARION COUNTY VALERIE BANDSTRA O0T 07/14/75), ANNE BANDSTRA (DOB: O8/21/ 4, RYAN BANDSIRA (DOB: 12/29/71), end IASON BANDSIRA (DOB: 09/27/74), Plaintists, PETITION AY LAW AND JURY DEMAND | PATRICK PDOUARD, COVENANT REFORMED CHURCH, UNITED REFORMED CHURCHES IN NORTH AMERICA, CLARENCE HETINGA, ARNOLD VAN DONSELAAR, NORMAN VAN MERSBERGEN, WILLIAM HARTMAN, BOARD OF ELDERS OF COVENANT REFORMED CHURCH, Defendan's COMES NOW the Plains Valerie Bandsta, Anne Bandstra, Ryen Bandstra and Jason ‘Bandstra and for their causes of action ugainst Defendants Patrick Edouard, Covenart Reformed Chureh, Clarence Hettinga, Armald Van Donselaar, Nosman Van Mersbergen, and! William orenan sates PARTIE |, Atall times material hereto, Paints Valeic Banda and Jason Bandra were sitizens and residents of Mahaska County, Iowa 2, All times rsaverial herew, PlaintifS Anne Kardstra and Ryan Bandstea were citizens and residents of Macion County. Lowa 3. tall times maria! hereto, De‘erdant Patrick Pdouard vata citizen and resident of Murioa County. lowa and an cmployse of Defendun. Covenant Reformed Church of Pell, fo 4. Defendant Edouare 1s curently citizen aad resident of Michigan, 5. Atallsimes mates Ferto, Covenant Reformed Church of Pella, Tewa was a Domestic Non Profit organized and existing undo the laws of the sate of low wit ts principal pice business at 2825 Fifield Road, Pell, Towa 6. Atoll imes material hereto, Covenan: Reformed Church of Pella fsa was alliated ‘with he Inted Reformed Churches fs Nowth Amerie, 7 The Liited Reformed Churches in North America isa tederation of churches end thas stated clerk: Rev, Bradd Nymeyer, 27 Ist Ave, SE, Sioux Center, LA $°25061899 8. Atall times itera! hereto, Defendants Clarence Hettings, Amold Van Donat, Norman Van Messbergen, and William Hartnst were membe-s of Ihe Board of Elders and agents ‘oF Defendant Covenant Reformed Church of Pella, Towa 9. The Board of Elders of Covenant Reformed Church isthe governing Covenant Refoaed Church of Pell, la, PROCEDURAL REQUIREMENTS 10. Pursuant to fowaa Code, § 616.18, venue is properin Marion County because ts the county in which the Defendant, or one of the Defendants resides, end its alo the comnty ia “hich some of the unlawful actions alleged below were committed and injury was sustained. LL Alleauses of action are within their respeecive statute of Hinitation 12, Atall times mate iting within the ssope, course and pparent authority of his agency andor employment relationship with Delendant Covenan: Reformed Chureh of Pella, Jawa, 13. Atall dimes material, Defendants Clarence Hettinga, Amold Veet Donselaat, and Noman Van Mersborgen were age 's andior employees of Defendant Covenant Reformed Church of Fella owa ard members ofthe governing eniy, the Board of Eko, They were acting within the scape, course nd apparent authority ofthe agency enelorenplaymentelatiinshp with Defendant Covenant Relanned Church of Pll, low 14, tall mes materic, Plants wore members ef Defendant Covenant Reformed Chureh of Pella, tow 15, Te 2003, Defendent Chureh hired Defendant Edouard asa pastr, 16. 112003 Defendant Edouate began a pas:orpacshioner relationship with Psi 13. 42005, De: lant Edouard initiated telephone contact with Plaintiff Valenis Bandsint, During these conversations, Puintff would confide in Defendant regarding personal and {ami‘y issues she was experiercing. Defencant Edouard would counsel Phintiff'in relation to these 18, In January or Febnuery 2006, Plaintiff Valevie attended a counseling session at Defendant Edouard’s persoral residence 19. During the counseling session, Defendan: Falouard bean kissing Plaintl'Valosie on ‘he face and mouth, Psi Bandsta 3egan eying al shook her ead “no”, Pain Valerie ‘old Defendant Edouard, “we ent do his" Defendant Edouard responded, “hive you” and “L understand you Fike noone else docs. You nocd me 20, De‘erclan Hound began forcefully kissing and groping Pitt Ver, Defendant douard pulled Plant Valerie t the floor where Defendant forced er to live sexta intercourse with him, od. kissed, fondled 21. From approximetely 2006 to 2008, Defendant Fdouard touct anlior in otal sex with Plain Valeri, 22. Plain Veletie and Deterdant doc std contin wo have regular phone wont ‘ntl approximately 2909, Sometiraes Plt and Defeat woul alk sexual on the phone 23. Plant Valerie heicved during all of thir meetings and vornmuniatons that "BefendantFdouard was ang as her pestor and counsel 24. In2908, Defend Found persuaded Pail Valerie to upen a bank account Defendant further persuaded Plain trensfr $20,000 from that account to Defend 25. Defendant repeatedly ld Paint Valse tt el anybody abt thsi relationship because it would destroy the church, Def2ndant also to Pitt Valeic no: to se aay other counselors 26. In2008 Defendant Edouard initiated telephone cottact with Plaintit Anne Hands ‘During these telephone conversations, Plain would canfice in Defendant nesanding personal and family issues she was expeciencing, Defendaat Edouard woeld counsel Paint Anne in relation to these inves, 27. Onto separate cceasions in May 2008, Defendant toward came to Plaintiff Ange Bandsta's home cn kissed Plintiff Hansa on. the mouth, 2 Laterin May 2608, Defendant Edouard cane ky Plant Anne's home forthe hind Sean Defend inated sexual intercourse 29. From May 2C08 te December 2010 Defendin! Edouard and Pint Anne regulary engaged in sexual ack 30. Defeadant Fdbuud repeatedly tol Pind Anne fo keep ther relationship a sere. 3M. Plant ff Anne heieve during sll oF thee mectings ane eommuniesons that ‘Defendant Edouard was acting as her pastor al exuseloe. "2. On December 10,2010, Plaintif Ryn Bondstea discovered that Defent Edouard Fuel engaged in sexual contact with Pini Anne Bands 38. On Deconber 14, 2010 Paint Jason Bandsrediscavored that Defendant Edouard dnd engaged in sexual conte with Pitt Valerie Bands, 34. On Deventer 15,2010, Plintis Ryan and Jason Bundsia disclosed to the Board of Elders that ther had been inagpropriate sexual const aetweenLefendant Edouard and smembeis o hs congregation 35, In December 2010, Plainifls, Defendant FHouard, and the Board of Elen had & meeting o discuss the sexual contact benscen Pants and Defeat ota 36. During this seeing, Pn Valente Bandsta isclosed w the Board of Elders that Defendant Edouard had raped he 37. Defendant Boand nf Piers represented t Plaintis numerous ties at they would tokeiimmetiate ation. However, Defendans did nothing 38, Plains apyrosched the Defendant Boatd several mare times to discern whet emedial actions wore being taken. Again, Nefendants i rothiny, 39, Defendent Covensnt Reformed Churek aad che Bowl of Elde:s misrepresented the shove events tothe congregation uf Defendant Church including distbting a letter tothe ‘ongregation stating that Letondant Edouard had enguged in consensual sexnalinumorality 40. In September 2012, Plats sent a lotter to Defedant Boned demanding reed ‘ers or Plains would pursue legal acticn, Once again, Plsnifis revs cd no resporse from: Defendant Covernne Reformed Church of the Bosrd of Elders COUNT L-ASSAULY & RATTERY- DEFENDANT EDOLARD 41. Delendant Ecocand did commit an sssault ene battery upon Phin Valeire Bandstea by touching, Hsing, fondling and penctating Pain 42. At the times and places aforementioned, Defendant Edouncd did commit an assault and battery upor PlainifP Arne Bandstra by touching, kising, and fodling Pain 48. Defendant Edouard intended his behavios ts place Platts in fear of physical pin oc injury ain fear of offensive physical contact tall times relevant herein, Defendant bad the apparent ably lo case pat injury. andor offensive physical eoatee 44 Such actions by Defendant Edouard vere offensive to Paints 45, The aforsid assault and battery isa pronimate cause ofthe plaintiff injuries and damages. 46. Asadiceet and provimate result ofthe Delerdan acts, Plains ave sufere 1nd will continue o sufér mental and cational pain nel anguish, and past and future medical expenses. Plains will also suffer lost esming capacity and past and fur po-manent mental impaarmest. 47, Defendant Edonard’saotons perpe:rted aginst Plants were wilful and ‘wanten and done with malice oy in reckless disregard 0! the Is of Plains, entitling thera to puritive damages. dant in an atmo that will WIIEREFORE, Plains roquest judgment against Def fally and fitty compensate thea for their injures and damages, for punitive damages in an ‘amount sufficient 10 punish the Defendant and deter him and others from the same or similar ‘ronpfil eonduet, and grant such other further relief as the Court may deor just and proper COUNT I: TORTIOUS INTENTIONAL INFLICTION OF SEVERE EMOTIONAL DIST! ALL DEFENDANT 48. Defendant Edousnd psychologically und sexually threatened, assaulted andor ubused Plaintits Valerie Bandstre and Ann Banlstre. 49. Other Defendants accused Plaiatiis of “committing adultery” and requiring “forgiveness”, when in act Paint ffs were vitims ofa predatory pastor employed by clea 50. Defendart Fdouard threatened the sanetty of the marriages of Plaintiffs Rye Jason Bandstra 51, The conduct of Refendam Edouard toward all Plans was so outrageous as to go beyond all possible hounds of deconey, und is tobe regaded 9s atocious and utterly iolerable in aevilized soxioty 52. Defendant committed his heinous ats ether with the intention of causing “Isimtfis severs emotional distress, o: with reckless disregard as to the probally that the acts ‘vould cause Phirtfls severe or extreme emotional distress 53. dant Fdowund's outrageaus conduct is & proximate cause of Plaintiss severe or extonse emotional distress $4. Asa direct and proximate result of the Defendants aforessid acts, Plants have suffered and wil continue to sffor mental and emotional pa and anguish, aud past and future ‘medical expeases, Plaintiffs will also sucer lost cerning capacity and past ené Suture pemeanent ps ental impalement, 55. Defendant's actions serpetrated against Plaintiffs were willful and wanton and Clone with matics or in rocklessclsregard of the rights of Paints, entitling therm to puritive damages. WITEREFORE, Plants request judgment agains Defendant in an amount that will fully and fatty compensate thom for their injuries and damages, for punive damages in an Amount sufficient to punish the Defendant nel cote hit and others trom the same ur similar ‘wong concuct, -easonable attomey's fees andl expenses: and gran! such other Sather relief as the Court may deem just and proper COUNT II1—SEXUAL EXPLOITATION BY A COUNSELOR = DEFENDANT EDOUARD 36. Defendant Edouard provided marta, fan'ly rd mental sealth services to Paints Anne and Valerie Randsteain the role of Plait" past ad counselor. 57. Pints Valerie and Anne Bandsira were emotionally dependent on Defendant Edouard when Defendant Edouard engaged Plaintiffs in sexual contact $8. Defendant Edoaand’s sexual eonshict wih Plait was forthe purpose of arousing of suisfying Defendant Edouard’s sexual desies 59. Defendent's conduct sa proximate cause ofthe plintiT’ injuries and damages 0. —_Deterdant’s conduct was willful an wanton und underaken with reckless dlistegard of the consequences. G1, Asa cieeet and proximate wsul of the Defendart’s ets, Plinifls have suffered and will eontinue to suffer mental and emotional pain and anguish, al past and ‘ire medical expenses, Plains will alse suflsr fost earning capacity and past an Jutare permancat mental ‘impairment €2. Defendant's actions pempetroted against Plants wore will and wanton, and dove with males or in reckless disrgard oft ight of Paint, entitling them to purtive damages. WHEREFORE, Plaintiffs demand juigment against Defendants in an amount that will {lly and firly compensns for Plants” injuries and damages for punitive damages against the defendant in un amount saffcient vo punish hit» and deter him and thers fom the same ar similar wrongful conduct, court costs, attorneys” fees, inerest as allowed! by’ law, and for such other appropriate relief as the Court finds may be just and equitable COUNT IV — BREACH OF FIDUCIARY DUTY — DEFENDANT EDOUARD 62. By virwe oftheir pastor parishioner relationship, Defendant Edouard owed a Fiduciary duty tothe Paints to act soely for ther benett 64. Defendant was in. position of rust cr wuthorty over the Plintifs and he used bis position af test or authority to engage im sexual activity wilh Plaats 95. Defendants conduct, including ageressively pursuing a personal intimate, and sesuel relationship with Plains Anne Banelstra and Valerie Randstra, consisted a breach of his fiduetary obligations to the P inti 66. This breach of fidaciary duty is a proximate cause of the plaints injuries and damages 67. Deferdant’s conduct wes wilful and wanton and undestaken with reckless distogard of the censequerees 68. Asn citeet ard proximate result of the Defendants” breach of his Fiduciary duty, Pluimitfs have suffered and will continue ta suffer mental and emotionel pain and anguish, une past and future medical expenses. Plaintiffs will also suller Inst corning eapacity and past and fature permanent mental impairment. ©. Deferdant’s actions perpetisted against Plants were wilful and wanton, and dor ith malice or in rcckless disregard of the nghts of Plaintiffs, entitling them to punitive damages. WHEREFORE, Plaimifis demand judgment against Defendants isan amount thet will felly and faiely compensate for Paints" injuries and damages, toe sunitive damages asain: the defenJaat i an amount sufficient to punish him andl deter him and others fro the same or similar wronglal concuet, court eests, tarneys" fees, interest as allowved by law, and for such ther app-oprite relief as the Coust finds may be just and equitable DEFENDANT EDOUARD 70. From 2003 to 2010, Defendant Fdouard wats Plants" pestor and coun COUNT V— PROF onan! was in 8 position of trust ar authority over the Pla iff and he used Disposition of trust or authoriry igage in sexual sets with Plaintfs 72, Defendant failed to render eppropriate advice and counse!ing services commensurate with the staadard of care required ofa pastor ing usa counselor 73. This breach of professional duty i a dect and prosimate resi of the Defendant's wes 74. Asa proximate result of Defendant's ats, Plains have sulfered and will continue to sulTer mental and etrotional pein and anguish, andl post and tare mecical expenses. Plants will also suflex lst caning eapacity nnd past and future permanen: mental intpairment. 75. Dofendant’s actions peraetra‘et against PlintffS were willl and wain'on, and done with malice oF seekles disregard ofthe rights of Bains, enttting them to punitive