Table Of ContentIN 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
