Vance Paul Hein

Sources

1. Molestation victim files suit against Chesco Boy Scouts council, Pottstown Mercury, December 12, 2012.
2. Boy Scouts, LDS Church sued by former scout over sex abuse, KSL, December 13, 2012.
3. Full text of "Novak Complaint", Archive.org, January 18, 2023.
4. source 4, , March 20, 2026.
5. source 5, , March 20, 2026.

• 1. Molestation victim files suit against Chesco Boy Scouts council

  • 20121212
  • News article
  • Pottstown Mercury

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• 2. Boy Scouts, LDS Church sued by former scout over sex abuse

  • 20121213
  • News article
  • KSL

  • original
  • archived
  • back to list

• 3. Full text of "Novak Complaint"

  • 20230118
  • News article
  • Archive.org

  • original
  • archived
  • back to list

• 4. source 4

  • News article

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  • Groping and fondling of the victim's genitals.
  • Hein made the victim strip naked with his hands fixed behind his back while Hein hit him with a stick.
  • Hein dripped hot wax on the victim's penis and made the victim masturbate in front of Hein.
  • Hein tied the victim's arms and ankles to a bed while naked and made the victim watch pornographic movies.
  • Hein squeezed the victim's testicles to inflict pain on the victim.

• 5. source 5

  • News article

  • original
  • archived
  • back to list

  Novak said on Wednesday that the incident in Canada made him determined to come forward and tell his parents about what had been going on between him and Hein, after going through quite a bit of rebelliousness at home. He said that when he began telling his mother, she guessed almost immediately what Hein had done.

  ‘She already knew what I was going to tell her,’ he said.

  Hein was arrested by Chester County Detectives in September 1999, and was sentenced to 15 years of probation on a single charge of endangering the welfare of children by then-Common Pleas Court Judge Juan R. Sanchez.

  Eisenberg said that Novak was ‘disappointed’ that Hein’s punishment was not harsher, but noted that there were many pressures on Novak and his family at the time that may have kept him from pressing the case.

  In 2011, Hein confessed to the probation officer handling his case that he had been regularly corresponding with young boys over the Internet, even though he was prohibited from doing so. He told the officer he had sent pornographic stories to boys from ages 10 to 18, and that some of the stories dealt with torture.

  When the probation officer, Tina Marinari of the Chester County Adult Probation Office sex crimes unit, searched his house, she found a large cache of 84 photos and eight videos involving child pornography. Hein admitted to having received photos from young boys, some of which depicted them having sex with other boys. They appeared to be under the age of 18.

  Hein was arrested in September, two months after confessing his activities to Marinari. He entered a guilty plea to five counts of possession of child pornography in May, and was formally sentenced by Common Pleas Court Judge Howard F. Riley Jr.

  At the time, two longtime members of the Marshallton church came forward to speak on Hein’s behalf.

  In one letter, former Octorara Area School Board president and one-time Parkesburg Borough Council member Ken Knickerbocker, who said he had known Hein for 15 years, asked the head of their mutual church to appoint him as a youth counselor and scoutmaster in 1992.

  ‘As scout master, Vance was a natural at mixing the appropriate level of fun with responsibilities and activities,’ Knickerbocker wrote. His scouts have gone on to graduate from college and start careers and families, he said.

  ‘If it were possible for them to be here today I am confident each would speak in glowing, positive terms of their scouting memories and the impact Mr. Hein had on their lives.’

  Another member of the Mormon church in West Bradford, a retired GlaxoSmithKline executive, said his oldest son had been part of the youth group there and had enjoyed his association with Hein.

  ‘Vance’s impact on him was significant and I am very grateful to Vance for his constant encouragement and support’ for his son, the man said in a letter.

  Novak said that when he read an account of Hein’s sentencing in the Daily Local News, he saw those comments and was astonished.

  ‘They were standing up for him, 15 years after the fact,’ he said. ‘I thought to myself, ‘You have no idea how close to home this was.’ They had no idea what a hoax he had to use me.’

  Asked by reporters at the press conference whether others in his Boy Scout Troop 84 had similar involvement with Hein, Novak said he was uncertain.

  ‘I don’t know if there were other kids involved, but suspect that there were,’ he said. ‘The big thing is that I wish I had said something sooner. I wasn’t strong enough to say anything.’"

  --

  from KSL:

  "PHILADELPHIA — A Delaware man has sued the Boy Scouts of America and The Church of Jesus Christ of Latter-day Saints on Wednesday over childhood sexual abuse committed by the scoutmaster at his church-sponsored troop.

  Melvin Novak filed the lawsuit in state court in Philadelphia, charging that newly released Boy Scout files support his claim that the organization hid abuse complaints for years.

  "They knew about this conduct, they knew what was going on, and they covered it up in the most despicable way," lawyer Stewart J. Eisenberg said at a news conference attended by Novak and his father.

  The lawsuit names the larger LDS church and the Downingtown-area chapel that Novak attended when the abuse took place.

  "This morning's filing of the complaint was the first notice the Church has had related to this litigation, so I can't offer any information on specifics," said Scott Trotter, spokesperson for the LDS Church. "What I can say is that The Church of Jesus Christ of Latter-day Saints has zero tolerance for abuse of any kind. Those found guilty of abuse are deserving of both legal prosecution and Church discipline."

  The Boy Scouts said it regrets the past abuse of scouts.
  "What I can say is that The Church of Jesus Christ of Latter-day Saints has zero tolerance for abuse of any kind. Those found guilty of abuse are deserving of both legal prosecution and Church discipline."
  –Scott Trotter

  Novak's abuser, Vance Hein, 61, is in prison for a parole violation related to his 1999 misdemeanor conviction in Novak's case. He originally got probation but is now serving 15 to 30 years for possessing child pornography, Eisenberg said.

  Novak, 28, of Newark, Del. said the abuse affected several aspects of his life, including school and his professional endeavors. He said the abuse was also a contributing factor to years of substance abuse.

  "After all that, my childhood just fell apart," Novak said.

  The LDS Church works in conjunction with BSA officials to perform background screenings for all adult leaders called to a position in scouting.

  The June 2012 Scouting Handbook, which is given to all scout leaders in the LDS church, says, "The Boy Scouts of America will complete a criminal background check on all new adult leaders as part of the registration approval process." The background screening is performed before an adult leader is called to be a scout leader and serves to protect all parties involved.

  In years past, the Church has also established a policy to ensure that at least two registered adult leaders are always present on all Scouting trips, outings, classes and meetings. "In situations that require personal conferences, such as a Scoutmaster's conference or merit badge counseling, the meeting should be conducted in view of other adults or youth," the handbook states.

  The Boy Scout files — more than 14,000 pages of secret documents compiled from 1959 to 1985 — show that police, prosecutors, pastors and scout leaders quietly shielded scoutmasters and others who allegedly molested children. In response, the Scouts have apologized and said their response to the allegations were "plainly insufficient, inappropriate, or wrong."

  "We deeply regret that there have been times when Scouts were abused, and for that we are very sorry and extend our deepest sympathies to victims," the organization said in a statement Wednesday.

  Novak said the alleged sexual abuse took place at Hein's home, on camping trips and on a trip to Canada, a trip that motivated him to go to authorities. Novak said he was 15 at the time and was abused for more than a year.

  Associated Press writer Maryclaire Dale contributted to this report."

  --

  Source: Novak Complaint - Archive.org - 2023-09-06

  "EISENBERG, ROTHWEILER,
  WINKLER, EISENBERG & JECK, P.C.
  By: Stewart J. Eisenberg, Esquire

  Dmo Privitera, Esquire
  Attorney Identification Nos. 32151/69814
  1634 Spruce Street
  Philadelphia, PA 19103
  (215) 546-6636

  Attorneys for Plaintiff

  Melvin J. Novak

  Plaintiff

  v.

  COURT OF COMMON PLEAS

  PRTT A OFT PITTA POTrMTV

  Boy Scouts of America

  and

  Chester County Council, Boy Scouts of America

  Civil Action - Law

  and

  Church of Jesus Christ of Latter-day Saints

  December Term, 2012

  and

  No.:

  Valley Forge Stake, Marshallton 2nd Ward, of
  the Church of Jesus Christ of Latter-day Saints

  and

  Vance P. Hein

  JURY TRIAL DEMANDED

  Defendants

  CIVIL ACTION COMPLAINT

  AND NOW COMES the Plaintiff, Melvin J. Novak, by and through his legal counsel,
  Stewart J. Eisenberg, Esquire and Dino Privitera, Esquire of the law firm of EISENBERG,
  ROTHWEILER, WINKLER, EISENBERG & JECK, P.C, and avers the following:

  1

  I. INTRODUCTION

  1. This Complaint is based on the childhood sexual abuse of Plaintiff Mel vin J.
  Novak caused by the negligent, willful, wanton, reckless, and tortious acts and omissions of the
  Boy Scouts of America, the Chester County Council, Boy Scouts of America, the Church of Jesus
  Christ of Latter-day Saints, the Valley Forge Stake, Marshallton 2nd Ward of the Church of Jesus
  Christ of Latter-day Saints, and Vance P. Hem, formerly a BSA Scoutmaster and Youth Leader of
  the LDS Church.

  2. The Boy Scouts of America (hereinafter sometimes referred to "BSA") is the
  largest youth organization in the United States with approximately 5,000,000 members. BSA was
  chartered in 1910 by an act of Congress. An estimated 20% of American boys have had contact
  with scouting, either as members or by attending Scout functions.

  3. Throughout its history, the BSA has consistently held itself out to the public as a
  "moral and safe" environment for boys to participate in healthy outdoor activities and to be given
  proper guidance and instruction. Millions of parents and scouts have placed their trust in the BSA.

  4. Paradoxically, the BSA promotes the wholesomeness of its programs while
  knowing that since the 1940s, it has been secretly removing Scoutmasters for child sexual abuse at
  an alarming rate, which in the 1970s reached an average of one every three days. Its own records
  demonstrate that it has long known that Scouting attracts pedophiles in large numbers and that
  Scouts, far from being safe, are at the heightened risk of sexual abuse by child molesters.

  5. The Church of Jesus Christ of Latter Day Saints (hereinafter sometimes referred to
  as "LDS Church") is a large religious denomination which likewise promotes the ideals of moral

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  purity and rectitude. The LDS Church has actively associated itself with BSA, including, as here,
  active sponsorship and control of local BSA Scout troops.

  6. The LDS Church has accepted the BSA as a key program within the Church. The
  LDS Church is one of the largest chartering organizations for scout troops in the United States
  Only the LDS Church has officially adopted Scouting as a church youth program. In 1913, the
  LDS Church became the first church partner of BSA. LDS Scout units are designated for LDS
  youth and operate differently than non-LDS Scout units.

  II. PARTIES

  7. Plaintiff Melvin J. Novak is an adult citizen who currently resides in the State of
  Delaware.

  8. Plaintiffs causes of action set forth herein are timely under 42 Pa.C.S.
  §5533(b)(2)(I), which extends the statute of limitation until thirty (30) years of age for
  commencement of civil actions arising from childhood sexual abuse where the individual was
  under eighteen (18) years of age at the time the cause of action accrued. Plaintiff Melvin Novak
  was born on December 29, 1983 and the sexual abuse underlying this Complaint occurred while
  he was in his minority. Plaintiff commenced this matter by filing this Complaint on December 12,
  2012, at which time Plaintiff Melvin Novak was twenty-eight (28) years of age.

  9. At all times relevant hereto, Plaintiff Melvin Novak was a young boy living with
  his parents in New London, Pennsylvania and was enrolled in the BSA Scouting programs and
  was also an active member in the Valley Forge Stake, Marshallton 2nd Ward of the Church of
  Jesus Christ of Latter-day Saints.

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  1 0. At all times relevant hereto, Defendant Boy Scouts of America was and is a
  congressionally chartered corporation with a principle place of business at 1325 West Walnut Hill
  Lane, Suite 406, Irving, Texas. BSA is authorized to do business and is doing business in the
  Commonwealth of Pennsylvania through various local and regional Boy Scout organizations and
  councils.

  11. Defendant Boy Scouts of America operates, promotes, oversees, guides, sets
  standards, and establishes policies, protocols, and procedures for youth organizations nationally
  through various local, state and regional organizations, including those of Boy Scout Troop 84 of
  the Chester County Council, Boy Scouts of America.

  12. Defendant Boy Scouts of America develops programs, sets and maintains quality
  standards in training, leadership selection, uniforms, registration records, literature development,
  and advancement requirements for youth organizations nationally through various local, state and
  regional organizations, including those of Boy Scout Troop 84 of the Chester County Council,
  Boy Scouts of America.

  13. Defendant Boy Scouts of America grants charters to local councils and local
  organizations to operate and conduct Boy Scout activities within their geographic areas, including
  Boy Scout Troop 84 of the Chester County Council, Boy Scouts of America.

  14. At all times relevant hereto, Defendant Chester County Council, Boy Scouts of
  America (hereinafter sometimes referred to as "Chester County Council") was and is a
  Pennsylvania non-profit corporation with a business address of 504 South Concord Road, West
  Chester, PA 19382.

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  15. Upon information and belief, Defendant Chester County Council was and is a
  charter organization of the Boy Scouts of America.

  16. Defendant Chester County Council, as a charter organization of the Boy Scouts of
  America, administers the programs, guidelines, and policies of the Defendant Boy Scouts of
  America in and around the Chester County, Pennsylvania region.

  1 7. The Boy Scouts of America and the Chester County Council Defendants will be
  referred hereinafter collectively as the "Boy Scout Defendants."

  18. At all times relevant hereto, the Boy Scout Defendants acted by and through their
  duly authorized agents, representatives, volunteers, servants and/or employees.

  19. At all times relevant hereto, upon information and belief, Defendant the Church of
  Jesus Christ of Latter-day Saints was and is a religious organization or corporation sole
  incorporated under the laws of the State of Utah with its principle place of business or operation at
  50 East North Temple Street, Salt Lake City, Utah 84150. The LDS Church is authorized to do
  business and is doing business in the Commonwealth of Pennsylvania through local and regional
  church congregations called "wards."

  20. At all times relevant hereto, upon information and belief, Defendant Valley Forge
  Stake, Marshallton 2nd Ward of the Church of Jesus Christ of Latter-day Saints (hereinafter
  sometimes referred to as the "Marshallton 2nd Ward") was and is a Pennsylvania non-profit
  religious corporation with a business address at 1443 Telegraph Road, West Chester, PA 19380.

  21 . At all times relevant hereto, Defendant the Church of Jesus Christ of Latter-day
  Saints was responsible for, and controlled, the activities, maintenance, supervision, structure,

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  management, organization, and operation of the Marshallton 2nd Ward, including the conduct and
  activities of its religious leaders and members.

  22. The Church of Jesus Christ of Latter Day Saints and the Marshallton 2nd Ward
  shall be referred to hereinafter collectively as the "LDS Church Defendants."

  23. At all times relevant hereto, the LDS Church Defendants acted by and through
  their duly authorized agents, representatives, volunteers, servants and/or employees.

  24. As part of the LDS Church's religious mission, the LDS Church Defendants
  authorized and selected Youth Leaders to educate and minster to LDS families and their children
  in the congregation known as Marshallton 2nd Ward.

  25. At all times relevant hereto, the Boy Scout Defendants operated various programs
  for young boys, including the then minor-Plaintiff Melvin Novak and authorized, approved,
  ratified and selected adults to serve as Scoutmasters.

  26. The Boy Scout and LDS Defendants, acting by and through their duly authorized
  agents, jointly operated and/or controlled a Boy Scout Troop in Chester County, Pennsylvania for
  the benefit of the Marshallton 2nd Ward, known as Troop 84.

  27. At all times relevant hereto, then minor-Plaintiff Melvin Novak was a member of
  Boy Scout Troop 84 of the Chester County Council.

  28. At all times relevant hereto, Defendant Vance P. Hein ("Hein") was a Youth
  Leader of the Marshallton 2nd Ward and a Scoutmaster for Troop 84, and was selected, accepted,
  ratified, approved and authorized by the Boy Scout and LDS Church Defendants to serve in these
  capacities for the purpose of educating and ministering to LDS families and their children,
  including then minor-Plaintiff Melvin Novak, and for the purpose of instructing and training

  6

  young boys, including then minor-Plaintiff Melvin Novak, in morality, patriotism and various life
  skills.

  29. At all times relevant hereto, Defendant Hein served and acted as a duly authorized
  and ratified agent, employee, servant, representative, and/or volunteer of the Boy Scout and LDS
  Church Defendants, and was subject to the authority, dominion and control of the Boy Scout and
  LDS Church Defendants.

  30. At all times relevant hereto, for the purpose of furthering his duties as a Youth
  Leader and Scoutmaster, Defendant Hein sought and gained the then minor-Plaintiff Melvin
  Novak's trust, friendship, admiration and obedience. As a result, then minor-Plaintiff Melvin
  Novak was conditioned to comply with Defendant Hein's direction and to look to him as an
  authority figure.

  31. At all times relevant hereto, using the power, authority and trust of his positions as
  a Youth Leader and Scoutmaster, and availing himself of the Boy Scout and LDS Church
  Defendants' representations to parents and scouts that the BSA was a moral and safe place for
  young boys, Defendant Hein enticed, induced, directed, coerced, and forced then minor-Plaintiff
  Melvin Novak to engage in deviant sexual acts with him.

  32. At the time of his molestation and sexual assault of then minor-Plaintiff Melvin
  Novak, Defendant Hein was an adult residing in Downington, Pennsylvania.

  33. Defendant Hein, Inmate No.: KT7529, is currently incarcerated in Pennsylvania at
  SCI-Graterford.

  7

  III. FACTS

  34. BSA knew for decades that sexual predators of boys had infiltrated scouting. BSA
  knew or should have known the danger that pedophiles presented to Boy Scouts and either knew
  or should have known the danger that Defendant Hein presented to children, including Plaintiff
  Novak, but instead ignored that danger and permitted him and other pedophiles in Scouting to
  prey upon young boys, including then minor-Plaintiff Melvin Novak.

  35. Since approximately 1919, the BSA has maintained a group of files known as red
  files, perversion files or ineligible volunteer files.

  36. BSA's own internal "ineligible volunteer files" collected and maintained in secrecy
  for 70 years, revealed that Scouting is a "pedophile magnet," and that removed pedophiles were
  often able to reenter Scouting in other locations.

  37. BSA's confidential records demonstrate both its awareness of Scouting' s
  attraction to pedophiles, but also the distinctive characteristics of Scouting that rendered Scouts
  particularly susceptible to pedophiles.

  38. BSA knew or should have known that Scouting attracts pedophiles, in part,
  because (a) Scouting provides the pedophile access to boys alone and away from their parents in
  secluded settings like campouts and overnight hikes; (b) Scouting provides opportunities for the
  pedophile to seduce a boy by getting him in situations where the boy has to change clothing or
  spend the night with him; (c) the pedophile Scout leader can, depending on the pedophile's age
  preference, volunteer for and be sure to have access only to boys of a certain age; (d) BSA
  conditions boys to the concept of strict obedience to the Scout leader in a bonding mechanism that
  pedophiles crave; (e) BSA promotes the idea of secret ceremonies, rituals and loyalty oaths, all of

  8

  which facilitate the pedophile's efforts to keep his victims silent and compliant; (f) at the time of
  the abuse, BSA conducted no criminal background checks on these volunteers or even suggested
  such was advisable.

  39. BSA was aware that it had ejected thousands of pedophiles from its ranks of
  leadership in local Scout troops and failed to inform the Scouts and their parents of that fact.

  40. BSA knew or should have known that if they advised parents of this statistical
  phenomenon, parents might well remove their boys from Scouting, thus depriving BSA of
  millions of dollars of income.

  41. BSA knew or should have known that its "ineligible volunteers" system of
  keeping track of pedophiles infiltrating its ranks and attempting to eliminate them did not function
  as intended, it was flawed, and in many cases ineffective. Despite that knowledge, BSA did
  nothing to educate its Scouts and their parents of the ineffectiveness nor the enormity of the
  pedophile problem, nor to take action to correct its screening and/or educational system.

  42. Defendant Hein was a Scoutmaster of the Boy Scout Troop 84 in Chester,
  Pennsylvania for the benefit of the Marshallton 2nd Ward. Defendant Hein was also a Youth
  Leader within the LDS Church, specifically the congregation of the Marshallton 2nd Ward. In
  this capacity, Hein exercised a position of religious authority over Plaintiff Novak with the
  knowledge and consent of the Boy Scout and/or LDS Church Defendants.

  43. The Chester County Council, Boy Scout Troop 84, was controlled and co-
  sponsored by the Boy Scout and LDS Church Defendants.

  44. At all times relevant hereto, virtually all of the members of Defendant Hein's local
  troop were members of the Marshallton 2nd Ward.

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  45. Upon information and belief, all of the BSA meetings of Defendant Hein's Troop
  were also considered LDS Church meetings.

  46. Serving as a BSA Scoutmaster and LDS Church leader, Defendant Hein actively
  groomed young boys under his charge for later sexual molestation, including the then minor-
  Plaintiff Melvin Novak.

  47. Plaintiff Melvin Novak was raised in a devout LDS family, was baptized,
  confirmed and regularly attended LDS functions on a daily and weekly basis as a member of the
  Marshallton 2nd Ward congregation.

  48. The Boy Scout and/or the LDS Defendants knew or should have known that
  Defendant Hein posed a sexual threat to young boys, including then minor-Plaintiff Melvin
  Novak.

  49. Defendant Hein became a Scoutmaster and Youth leader in the early 1990s at his
  Church, the Marshallton 2nd Ward congregation of the LDS Church.

  50. During the time that Plaintiff was a minor, Defendant Hein molested, sexually,
  physically, mentally, psychologically and emotionally abused then minor-Plaintiff Melvin Novak.

  51. Beginning when Plaintiff was about 14 years old, sometime in approximately 1998,
  Defendant Hein began to inappropriately role play with the then minor-Plaintiff Melvin Novak.
  For example, Defendant would tell Plaintiff: "A friend is in trouble. What would you do to help
  save your friend? Would you get undressed if that was necessary to save your friend?"

  52. Defendant Hein used role playing as a grooming device to sexually assault
  Plaintiff.

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  53. The molestation and abuse by Hein of Plaintiff included groping and fondling of
  Plaintiffs genitals and other lewd and lascivious acts.

  54. Defendant Hein made Plaintiff strip naked with his hands fixed behind his back
  and hit the Plaintiff with a stick.

  55. Defendant Hein also dripped hot wax on the Plaintiffs penis and made the
  Plaintiff masturbate in front of him.

  56. Defendant Hein also tied Plaintiffs arms and ankles to a bed while naked and
  made Plaintiff watch pornographic movies.

  57. Defendant also squeezed Plaintiffs testicles to inflict pain on the Plaintiff.

  58. Defendant Hein manipulated Plaintiff, who was of tender years, into believing that
  engaging in such acts would enable Plaintiff the privilege of joining a "brotherhood."

  59. The sexual abuse and assault of Plaintiff occurred from approximately June 1998
  continuing through approximately September 1999.

  60. These sexually abusive incidents described above occurred at Hein's home, parks
  and fields, Scout meetings, Scout camps, and during a "special" trip to Canada.

  61. Defendant Hein told Plaintiff and his family that he worked as an IT supervisor for
  a "Canadian entertainment company," referred to as OnlineCasino.com. The company was
  purportedly based in Canada.

  62. In or about the Spring of 1999, Defendant Hein asked Plaintiffs parents for
  permission for Plaintiff to accompany him on a business trip to Montreal, Canada. Defendant
  Hein told Plaintiffs parents that Plaintiff would learn computer software and programming skills.

  63. Based on these false representations, deceptions and lies, Plaintiff and his parents

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  agreed to have Plaintiff accompany Defendant Hein on the trip, where Defendant Hein sexually
  assaulted Plaintiff, as described above.

  64. After Plaintiff had returned from the trip to Canada, Plaintiff told his parents that
  Defendant Hein had sexually assaulted him.

  65. Plaintiffs parents subsequently reported Defendant Hein's sexual assault to the

  police.

  66. After a police investigation, Defendant Hein admitted his crimes against the then-
  minor, Plaintiff Melvin Novak.

  67. Defendant Hein subsequently pleaded guilty to indecently assaulting the then-
  minor-Plaintiff, Melvin Novak.

  68. In approximately May 2000, Defendant Hein was sentenced to 1 5 years of
  probation for his crimes of indecent assault and corruption of a minor.

  69. In September 201 1, while on probation for his sexual assault of Plaintiff,
  Defendant Hein was arrested for possession of child pornography.

  70. In or about May 2012, Defendant Hein entered a guilty plea to possession of child
  pornography.

  71. In or about August 2012, Defendant Hein was sentenced to a prison term of 15 to
  30 years.

  72. As a convicted felon deemed to be a sexually violent predator by the State's Sexual
  Offender's Assessment Board, Defendant Hein will be subject to the community notification
  requirements required under Megan's Law.

  12

  73. Defendant Hein's above-described acts constitute conduct in violation of the
  Pennsylvania Criminal Code.

  74. Defendant Hein occupied a position of authority, respect and trust over Plaintiff in
  that Hein was an adult, a LDS Youth Leader and BSA Scoutmaster.

  75. Plaintiff felt great trust, faith and confidence in Defendant Hein.

  76. Plaintiff suffered profound emotional and psychological harm as a result of Hein's
  sexual molestation, including but not limited to alcoholism, substance abuse, anxiety, depression,
  and/or panic attacks in his adult life.

  77. Defendant Hein destroyed Plaintiffs ability to have a normal, happy life. Without
  the active participation of the Boy Scout and LDS Church Defendants, Hein could not have
  committed his crimes and inflicted profound psychological injuries against then minor-Plaintiff
  Melvin Novak.

  78. The Boy Scout and LDS Church Defendants authorized Hein to serve as a BSA
  Scoutmaster and Youth Leader and Hein served as such for years prior to his sexual molestation
  of then minor-Plaintiff Melvin Novak.

  79. The Boy Scout and LDS Church Defendants thus knew or had reason to know, or
  were otherwise on notice, of the unlawful sexual conduct of Hein, and failed to take reasonable
  steps, and to implement reasonable safeguards to avoid acts of unlawful sexual conduct by him.

  80. The Boy Scout and LDS Church Defendants failed to prevent or avoid Hein's
  placement in a function or environment to prevent one-on-one contact with adolescent and
  pre-adolescent boys as an inherent part of that function or environment.

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  81. The Boy Scout and LDS Church Defendants had a special relationship with scouts
  and other boys, including then minor-Plaintiff Melvin Novak, who participated in scouting
  programs.

  82. The Boy Scout and LDS Church Defendants had a special relationship with adult Youth
  Leaders and Scoutmasters who they approved and authorized to work with children, including then
  minor-Plaintiff Melvin Novak, whose parents entrusted him to their care.

  83. At all times relevant hereto, Defendant Hein utilized physical, emotional, and spiritual
  force and suasion to impose his immoral will upon the then-minor Plaintiff in order to commit
  grievous, unspeakable acts of sexual abuse upon the person of then-minor Plaintiff, all of which acts
  constitute flagrant abuse of the symbolism, power, and authority of his position as a Youth Leader and
  Scoutmaster.

  84. Upon information and belief, by the time that Defendant Hein began his predacious
  sexual activity upon then-minor Plaintiff, the Boy Scout and LDS Church Defendants knew or should
  have known of Defendant Hein's propensity for such conduct, yet they did not provide to young boys
  or their families, including Plaintiff, any warning of, or safeguard against, Defendant Hein's appetite
  for such harmful, illegal, and immoral conduct.

  85. Upon information and belief, at all times relevant hereto, the Boy Scout and LDS
  Church Defendants, knew or should have known of the sexually predacious acts of Defendant Hein
  upon Plaintiff. Despite this knowledge, the Boy Scout and LDS Church Defendants, exerted no
  supervisory control over, and took no disciplinary action against, Defendant Hein in order to prevent
  him from committing further harmful, illegal, and immoral acts upon then-minor Plaintiff.

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  86. Upon information and belief, directly contrary to their sacred obligation to watch over
  and protect young boys and members of their scouting programs and religious congregations,
  including then-minor Plaintiff, the Boy Scout and LDS Church Defendants, as well as Defendant Hein,
  entered upon, adopted, and/or followed a course of action to conceal from young boys and their
  families, and civil and criminal authorities, the harmful, illegal, and immoral acts Defendant Hein
  committed upon then-minor Plaintiff Melvin Novak.

  87. Upon information and belief, the course of action entered upon, adopted, and/or
  followed by the Boy Scout and LDS Church Defendants, and Defendant Hein, was part of and
  consistent with their pattern of concealing the harmful, illegal, and immoral acts of other pedophilic
  Youth Leaders and Scoutmasters. Hois pattern included, but was not limited to, concealing and/or
  destroying evidence of the misconduct of pedophilic Youth Leaders and Scoutmasters.

  88. The Boy Scout and LDS Church Defendants deliberately withheld information from
  scouts and their parents, including then minor-Plaintiff Melvin Novak and his parents. The withheld
  information included: the true nature and extent of pedophilia in scouting; the warning signs of abuse
  in scouting, of which BSA and/or the LDS Church were aware; and the methods pedophiles had been
  using to gain access to scouts, to groom them for abuse, and to keep them silent. Defendants' timely
  communication of this information would have enabled scouts, including then minor-Plaintiff Melvin
  Novak, to protect himself from sexual abuse by pedophiles in scouting.

  89. Then-minor Plaintiff Melvin Novak did not know, nor did they have any reason
  to know, that the Boy Scout and LDS Church Defendants deliberately concealed Defendant
  Hein's proclivity for and history of committing sexual abuse, thereby placing him at risk of
  sexual abuse.

  15

  90. Upon information and belief, the conspiracy among the Boy Scout and LDS
  Church Defendants, and Defendant Hein, to avoid civil and criminal liability for the harmful,
  illegal, and immoral acts of their Scoutmasters and Youth Leaders, including Defendant Hein,
  existed before Plaintiffs sexual assault at the hands of Defendant Hein.

  9 1 . Had BS A and/or LDS Church notified or advised Plaintiff; his parents; or civil
  authorities, or otherwise been candid with the scouting public regarding the pervasiveness of
  sexual abuse of boys by an alarmingly large percentage of BSA's adult scout leaders, then
  minor-Plaintiff Melvin Novak would either (1) not have joined the BSA or (2) not been
  allowed to join BSA by his parents.

  92. Had BSA and/or LDS Church informed Plaintiff of the nature and frequency of
  the risks of abuse by adult scout leaders, Plaintiff would have taken steps to protect himself from the
  grooming and sexual abuse to which his adult Scoutmaster and Youth Leader subjected him.

  93. As a direct and proximate result of the negligence, breaches of duty, misconduct and
  resulting molestation and sexual assault of then minor-Plaintiff Melvin Novak as described herein,
  Plaintiff Melvin Novak has suffered and continues to suffer a loss of his enjoyment of life, physical
  injury, severe emotional distress, severe depression, anxiety, embarrassment, pain and suffering,
  humiliation, loss of vocation and loss of earnings, loss of faith, and his ability to live a normal life, and
  has incurred, or will incur, medical, hospital, and psychiatric expenses in connection therewith.

  16

  COUNT I
  Fraudulent Concealment and Estoppel
  Plaintiff Melvin Novak v. All Defendants)

  94. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein

  95. Congress founded BSA in the United States in 1910.

  96. Since 1910, hundreds of millions of parents have entrusted their sons to BSA's care,

  guidance, and instruction.

  97. Since its inception, BSA aggressively marketed the wholesomeness and safety of its

  programs to the American public.

  98. Simultaneously, BSA fraudulently concealed from scouts, their parents, and the
  American taxpayer BSA's certain knowledge that pedophiles had been infiltrating BSA in large numbers
  for many years. BSA fraudulently concealed said information from Plaintiff and his parents. BSA
  also misrepresented to scouts, their parents, and the American taxpayer that scouts were safe in
  scouting programs when, in fact, scouts were at an unreasonably heightened risk of sexual abuse by
  adult scout leaders. BSA made said misrepresentations to Plaintiff and his parents.

  99. BSA's internal records, known as the "Ineligible Volunteer" files (hereinafter "the I.V.
  files"), are a unique repository of documents BSA secretly began amassing shortly after its founding in
  1910.

  100. The I.V. files reveal that BSA, far from being safe and wholesome, has long attracted
  and been a sanctuary for pedophiles.

  17

  101. The I. V. files contain internal memoranda demonstrating BS A' s awareness and concern
  about the threat that pedophiles in BSA posed to its name, reputation, and economic interests, but little
  concern for the danger pedophiles presented to scouts and others in the community.

  102. BSA's I.V. files are a hidden repository of informative data containing the
  identities of pedophiles that had successfully infiltrated scouting. The I.V. files highlight BSA's
  vulnerabilities, including pedophiles' techniques used to enter scouting, pedophiles' patterns for
  grooming victims, and widely-found biographical and behavioral characteristics shared by pedophiles
  that had entered or were attempting to enter scouting.

  103. The overwhelming evidence the I.V. files present shows that for a century BSA has
  known of BSA's distinctive characteristics that render scouts particularly prone to pedophiles'
  abuse.

  104. By 1935, BSA had accumulated approximately 2,000 files on pedophiles that had
  successfully infiltrated or attempted to infiltrate its program.

  1 05 . In the 1 970s, BSA recognized the potential liabilities represented by possessing and
  maintai ning the I.V. files. By 2005, BSA's secret cache of files on pedophiles exceeded 20,000.

  106. Over the course of two years in the early 1970s, three BSA executives reviewed and
  permanently destroyed thousands of I.V. files.

  1 07. BSA executives kept no retention logs showing which or how many of the files BSA
  destroyed. BSA made no contemporaneous record of its criteria in determining which files to destroy
  and which to save.

  108. Approximately 6,000 files survived BSA's file-purge and are in BSA's possession.
  Approximately 1900 of those files are now in the public domain.

  18

  109. The files demonstrate that BSA opened a new I.V. file on a pedophile every other day
  for fifty years.

  1 10. The I.V. files demonstrate that BSA had overwhelming evidence (1) that scouting
  attracts pedophiles at an alarming rate and (2) of scouting's distinctive characteristics that make it
  attractive to pedophiles, including:

  (a) Scouting provides a pedophile access to boys alone and away from their parents
  in secluded settings like camp-outs and overnight hikes;

  (b) Scouting provides opportunities for a pedophile to seduce a boy by getting him
  in situations where the boy has to change clothing or spend the night with him;

  (c) A pedophile scout leader can, depending on the pedophile's preferred victim
  age, volunteer for and be sure to have access only to boys of a certain age;

  (d) BSA conditions boys to the concept of strict obedience to the scout leader and a
  bonding mechanism that pedophiles crave;

  (e) BSA promotes the idea of secret ceremonies, rituals, and loyalty oaths, all of
  which help facilitate a pedophile's efforts to keep his victims silent and
  compliant;

  (f) BSA conducted no criminal background checks on its volunteers;

  (g) BSA did not prohibit adults from sleeping in tents with boys overnight;

  (h) BSA did not prohibit adult leaders from spending time alone with individual
  scouts;

  (i) BSA did not prohibit adult scout leaders from having contact with
  scouts outside of authorized scouting activities;

  (j) For decades, BSA re-admitted pedophiles it had previously removed for child
  abuse after a period of BSA "probation," thereby exposing unsuspecting
  children to sexual abuse;

  (k) BSA had a practice of not reporting scout abuse incidents to law enforcement;

  19

  (1) BSA had a pattern of reaching an accommodation with a pedophile, in which the
  pedophile would resign from scouting and the BSA would agree not to report
  the child sexual abuse to civil authorities;

  (m) BSA refused requests to share its list of known abusers with other youth

  organizations, knowing that pedophiles it had ejected often joined other youth-
  serving organizations;

  (n) BSA refused to produce its LV. files to its review board and scout- safety
  consultants, who were endeavoring to develop and implement meaningful
  safeguards and barriers to pedophile infiltration;

  (o) BSA refused to fingerprint, photograph or perform background checks on its
  adult volunteers, allowing removed pedophiles using an alias to sneak
  back in to scouting through another troop;

  (p) BSA refused to utilize widely-accepted organizational best practices that would
  establish reasonable barriers to intrusion by pedophiles;

  (q) BSA refused to educate local councils, staff, and troop leaders regarding the
  true risks posed by pedophiles to scouts; and

  ( r) BSA refused to effectively monitor local councils and troops to ensure that

  appropriate safeguards were being used in the selection and retention of adult
  scout leaders.

  111. Between 1 987 and 2005, BSA settled sixty-one lawsuits in which BSA was
  allegedly negligent in failing to warn or protect scouts from sexually abusive adult scout
  leaders.

  112. Since 1987, BSA has paid millions of dollars in settlements and verdicts arising
  from sexual abuse of scouts by scout leaders. Upon information and belief, many of these settlements
  included confidentiality agreements required by BSA to prevent the abuse's facts and circumstances
  from becoming public.

  20

  113. BSA continues to make false and misleading public statements regarding the risks of
  sexual abuse in scouting; continues to minimize and downplay the harm of sexual abuse to children in
  scouting; fails to reach out to provide support and assistance to boys it knows were sexually abused by
  adult scout leaders; and continues to deny the truth about its historical knowledge of the nature and
  extent of sexual abuse of scouts by adult scout leaders.

  1 14. BSA failed to establish reasonable safeguards to prevent pedophiles from entering its
  programs.

  115. BSA has known for decades that scouting involved an unreasonably high risk of sexual
  abuse by adult scout leaders. BSA made repeated false counterfactual claims that the number of
  pedophiles in scouting was comparatively small, that scouts were reasonably safe from sexual abuse by
  adult scout leaders, and that BSA is not a magnet for pedophiles, all of which BSA made (1) knowing
  that the claims were false or (2) with reckless disregard for the truth or falsity.

  1 16. Plaintiff Melvin Novak trusted BSA and reasonably relied upon the BSA's
  representations that it presented a moral and safe place for boys.

  1 1 7. Had BSA notified Plaintiff, his parents, civil authorities, or the scouting public of the
  pervasiveness of sexual abuse by BSA's adult scout leaders, Plaintiff would either not have joined the
  BSA or been allowed by his parents to join BSA or, if BSA had educated him of the nature of risks of
  abuse by adult scout leaders, that he would have taken steps to protect himself from the grooming and
  sexual abuse to which his adult scout leader subjected him.

  118. BSA deliberately withheld information from scouts and their parents, including
  Plaintiff and his parents. The withheld information included: the true nature and extent of pedophilia in
  scouting; the warning signs of abuse in scouting, of which BSA was aware; and the methods

  21

  pedophiles had been using to gain access to scouts, to groom them for abuse, and to keep them silent.
  BSA's timely communication of this information would have enabled scouts, including Plaintiff, to
  protect himself from sexual abuse by pedophiles in scouting.

  1 19. BSA had a financial incentive to withhold facts and information about
  predatory and pedophilic Scoutmasters.

  120. Since 1910, BSA has derived millions of dollars per year licensing the rights to
  its name, emblems, scouting paraphernalia, and BSA-branded merchandise to affiliated
  scouting organizations throughout the United States and abroad (See 36 U.S.C. § 80305). BSA
  has realized income from these federally-protected assets by marketing them to parents and their
  children, including then minor-Plaintiff Melvin Novak.

  121 . BSA's marketing includes encouraging parents to enroll their children in BSA.
  Enrollment secures parents' and children's commitment to follow a system that encourages parents to
  entrust their children's health and safety to BSA. This entrustment empowers BSA to secure each
  child's oath to uphold the "Scout Law," to adopt the "Scout" identity, and to adhere to a system that
  requires children to engage in activities that expose them to adults and others. This system includes over-
  night outings, camping events, and trips away from parents. The system is reward-based, obligating the
  child to purchase emblems, badges, and other Scouting paraphernalia, which in turn creates profit for
  the federally-charted organization.

  122. In addition to being federally created, federally chartered, and endowed by Congress
  with exclusive economic rights, BSA is funded by the federal government, private donations, membership
  dues, corporate sponsors, and special events.

  22

  123. BSA is the 18 th largest nonprofit in the United States, with income exceeding $780
  million dollars a year.

  124. BSA receives many federal subsidies, including (1) free access to national forest lands
  (16 USC § 539f); (2) free use of Defense Department equipment and facilities for BSA Jamborees (10
  U.S.C. § 2554); (3) free ground and air transportation, communications, emergency, and technical services
  from the National Guard (32 U.S.C. § 508); (4) free use of meeting facilities, transportation, and support
  services at United States military bases worldwide (10 U.S.C. § 2606); (5) free firearms, ammunition,
  repairs, supplies, and marksmanship training equipment (36 U.S.C. § 40731); and (6) free military surplus
  (10 U.S.C. Ch. 943) and Department of Agriculture grants (7 U.S.C. § 7630).

  125. Based upon the LDS Church's long-standing and close partnership with the BSA, the
  LDS Church Defendants knew or should have known of the epidemic of pedophiles infiltrating the
  BSA and BSA's deliberate choice to conceal, mislead, and/or withhold information from scouts and
  their parents, including Plaintiff and his parents.

  126. Upon information and belief, the Boy Scout and/or LDS Church Defendants engaged
  in a plan of action to cover up incidents of the sexual abuse of minors by Scoutmasters and Youth
  Leaders and prevent disclosure, prosecution and civil litigation including, but not limited to:

  (a) Failure to report incidents of abuse to law enforcement or child protection
  agencies;

  (b) Concealment of abuse they had substantiated and failure to seek out and
  redress the injuries its Scoutmasters and leaders had caused; and

  (c) Failure to advise local scouting agencies of the rampant problem of sexual
  abuse of scouts by Scoutmasters and leaders and that BSA's system of
  "Ineligible Volunteer Files" was ineffective at curbing the problem.

  23

  127. Based on these actions, the Boy Scout and LDS Church Defendants engaged in
  fraudulent concealment and are estopped from asserting defense of statute of limitations and/or laches.

  128. The above-described conduct of the Boy Scout and LDS Church Defendants was
  willful and outrageous, was committed in reckless disregard of the probability of causing Plaintiff
  severe emotional distress, mental anguish, humiliation, and psychological, spiritual, and physical injury
  and illness, and was otherwise intended to cause injury to then minor-Plaintiff Melvin Novak.

  129. Additionally, in doing the acts as described herein, the Boy Scout and LDS Church
  Defendants were guilty of fraud, oppression, or malice.

  130. As a direct and proximate result of the practice of deceit, deception, lies, concealment
  and fraud by the Boy Scout and LDS Church Defendants, and Defendant Hein, then minor-Plaintiff
  Melvin Novak was victimized by Defendant Hein and sustained the injuries and damages set forth
  herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT II
  Civil Conspiracy
  ( Plaintiff Melvin Novak v. All Defendants)

  131. Plaintiff incorporates all preceding paragraphs of this complaint as if fully set forth

  herein.

  132. The Boy Scout and LDS Church Defendants, by and through their agents and
  representatives, conspired to cover up incidents of sexual abuse of minors by Scoutmasters, including
  Defendant Hein, and to prevent disclosure, prosecution and civil litigation including, but not limited to:

  24

  (a) Failure to report incidents of childhood sexual abuse to law enforcement or
  child protection agencies;

  (b) Denial of abuse BSA had substantiated; aiding criminal child molesters in
  evading detection, arrest, and prosecution;

  (c) Allowing pedophiles to cross state and international borders for purposes
  of gaining access to uninformed parents' children, whom they could sexually
  abuse;

  (d) Failure to warn; and failure to seek out and redress the injuries its adult
  Scoutmasters had caused.

  133. Based on these actions, the Boy Scout and LDS Church Defendants, by and through
  their agents and representatives, conspired for the unlawful purpose of concealing and suppressing
  information on the danger and threat that Defendant Hein posed to unsuspecting children, including
  then minor-Plaintiff Melvin Novak.

  134. The Boy Scout and LDS Church Defendants placed their own interests ahead of the
  protection of children, including then minor-Plaintiff Melvin Novak.

  135. The Boy Scout and LDS Church Defendants conspiratorial conduct in concealing the
  dangers of sexual abuse of Scoutmasters and Youth Leaders, including Defendant Hein, constitutes
  outrageous or egregious wrongdoing in willful disregard for Plaintiffs rights.

  136. As a direct and proximate result of the conspiratorial conduct of the Boy Scout and
  LDS Church Defendants, and Defendant Hein, then minor-Plaintiff Melvin Novak was victimized by
  Defendant Hein and sustained the injuries and damages set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church
  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars
  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  25

  COUNT IU

  Willful Misconduct, Wanton Misconduct and Reckless Misconduct
  fPlaintiff Melvin Novak v. All Defendants)

  137. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  138. The conduct described above shows that the Boy Scout and LDS Church Defendants
  engaged in willful, wanton, and/or reckless misconduct that reflects its conscious disregard of
  children's health and safety, including then minor-Plaintiff Melvin Novak, and/or the Boy Scout and
  LDS Church Defendants' intent to harm.

  139. At the very least, the Boy Scout and LDS Church Defendants were recklessly
  indifferent to injury that would likely result from its acts or omissions. Defendants knew that
  pedophiles were infiltrating scouting at an alarming rate, and it knew that children would suffer severe
  damage and harm from being sexually abused as a result of this infiltration.

  140. Plaintiff Melvin Novak was a victim of the Boy Scout and LDS Defendants' reckless
  indifference and/or their willful and wanton misconduct.

  141. As a direct and proximate result of the willful, wanton and/or reckless misconduct of
  the Boy Scout and LDS Church Defendants, and Defendant Hein, then minor-Plaintiff Melvin Novak
  was victimized by Defendant Hein and sustained the injuries and damages set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church
  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars
  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  26

  COUNT IV
  Intentional Infliction of Emotional Distress
  (Plaintiff Melvin Novak v. All Defendants)

  142. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  143. Defendant Hein repeatedly, persistently, and unlawfully sexually abused Plaintiff while
  Plaintiff was a minor.

  144. The sexual abuse of then minor-Plaintiff Melvin Novak by Defendant Hein was
  unlawful.

  145. Defendant Hein engaged in a pattern of intentional and outrageous activity with the
  plaintiff that was so outrageous in character and so extreme in degree as to go beyond all possible
  bounds of decency.

  146. At all times relevant hereto, Defendant Hein knew or should have known that his
  conduct would cause then-minor Plaintiff to experience severe emotional distress and mental trauma.

  147. The Boy Scout and LDS Church Defendants also knew or should have known that
  Defendant Hein was a dangerous child molester and sexual predator.

  148. The Boy Scout and LDS Church Defendants knew or should have known of Defendant
  Hein's sexual misconduct and knew or should have known that Defendant Hein's conduct would cause
  then minor Plaintiff to experience severe emotional distress and mental anguish.

  149. The Boy Scout and LDS Church Defendants further knew or should have known that it
  was substantially certain that the pedophiles, such as Defendant Hein, would continue to sexually abuse
  children, including the abuse they inflicted upon Plaintiff, if Defendants failed to warn parents or failed

  27

  to report the pedophiles to civil authorities and that such abuse would cause severe and emotional
  distress to then-minor Plaintiff Melvin Novak.

  1 50. The Boy Scout and LDS Church Defendants' conduct was an outrageous violation of
  societal norms and went so far beyond all possible bounds of decency so as to be regarded as atrocious
  and utterly intolerable in a civilized community which resulted in severe emotional distress to then-
  minor Plaintiff Melvin Novak.

  151. The Boy Scout and LDS Church Defendants' conduct was a result of a willful,
  reckless, and outrageous indifference to highly unreasonable risk of harm and a conscious indifference
  to Plaintiffs health, safety, and welfare.

  152. As a direct and proximate result of the intentional conduct of the Boy Scout and LDS
  Church Defendants, and Defendant Hein, then minor-Plaintiff Melvin Novak was victimized by
  Defendant Hein and sustained the injuries and damages set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein Jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT V
  Negligent Infliction of Emotional Distress
  (Plaintiff Melvin Novak v. All Defendants^

  153. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  1 54. As a direct and proximate result of the negligence of the Boy Scout and LDS Church
  Defendants, and Defendant Hein, Plaintiff has sustained severe emotional distress, which has required
  and/or will require him to undergo medical, psychological, mental health and/or psychiatric treatment.

  28

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT VI
  Assault and Battery
  (Plaintiff Mclvin Novak v. Defendant Hein )

  155. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  156. Each time that Defendant Hein committed an act of sexual abuse on then-minor
  Plaintiff as described herein, he did so without consent and committed an unlawful touching of the
  person of then-minor Plaintiff.

  157. As a direct and proximate result of Defendant Hein's unlawful touching of then-minor
  Plaintiffs person without consent, then-minor Plaintiff Melvin Novak sustained the damages set forth
  herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT VII
  Negligence
  (Plaintiff Melvin Novak v. All Defendants)

  158. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  29

  159. At all times relevant hereto, Defendant Hein was under the direction, supervision and
  control of the Boy Scout and LDS Church Defendants.

  160. The Boy Scout and LDS Church Defendants selected, accepted, ratified, approved and
  authorized Defendant Hein to serve and act as Youth Leader and Scoutmaster for the benefit of church
  members of the Marshallton 2nd Ward and Troop 84.

  161. Based upon BSA's knowledge or previous incidents involving pedophiles and its
  knowledge and information regarding pedophiles within its organization, BSA could reasonably
  foresee future incidents involving pedophile Scoutmasters, volunteers, employees, agents and/or
  apparent agents, representatives, including Defendant Hein.

  162. The Boy Scout and LDS Church Defendants owed a duty to then-minor Plaintiff
  Melvin Novak to prevent child molestors from serving and acting as Youth Leaders and Scoutmasters
  with easy access to children.

  163. The Boy Scout and/or LDS Church Defendants were negligent in screening, training,
  hiring, supervising and retaining Defendant Hein as a Scoutmaster and Youth Leader when
  Defendants knew or should have known that Defendant Hein posed a threat of sexual abuse to
  children, including, but not limited to, the following:

  (a) Failing adequately to investigate the previous activities of Defendant Hein;

  (b) Failing adequately to investigate the background, character and fitness of
  Defendant Hein to serve as a Scoutmaster and Youth Leader;

  (c) Failing adequately to investigate and/or inquire into Defendant Hein's criminal
  background or history;

  (d) Failing adequately to investigate any Defendant Hein's prior relationships with
  minor children;

  30

  (e) Failing adequately to subject Defendant Hein to adequate and appropriate
  psychological and mental testing in order to uncover his pedophilic and/or
  homosexual tendencies and proclivities;

  (f) Failing adequately to supervise and/or monitor properly Defendant Hein's
  conduct during the time he served as a Scoutmaster and Youth Leader;

  (g) Failing adequately to have in place and/or enforce systems, policies, and/or
  procedures to detect sexual and/or physical abuse of minor children by
  Scoutmasters and Youth Leader;

  (h) Failing adequately to have in place and/or force systems, policies, and/or
  procedures to monitor and supervise Scoutmasters and Youth Leaders who
  work closely with or come into contact with minor children;

  (i) Allowing Hein to routinely conduct BSA meetings at his home with no other
  adults present;

  (j) Allowing Hein to travel with children with no other adults present;

  (k) Ignoring warning signs that Hein was using his BSA position to spend hours
  alone with individual scouts (including Plaintiff) for the purpose of sexually
  abusing them;

  (1) Failing adequately to discover, investigate, or question the fact that Hein was
  utilizing scout meetings to engage in improper "grooming" behaviors to
  sexually desensitize scouts, including Plaintiff;

  (m) Failing adequately to take prompt action to remove Hein as a Scoutmaster and
  Youth Leader after complaints and/or suspicions of sexual molestation;

  (n) Failing adequately to take action to investigate all adults involved in scouting
  after notice that other BSA Scoutmasters and Youth Leaders were sexually
  abusing scouts;

  (o) Failing adequately to adopt or enforce a two-adult rule;

  (p) Failing adequately to conduct criminal background or other background checks
  on new or existing Scoutmasters, or more carefully screen Scoutmasters and
  Youth Leaders who did not then have and never had sons in Scouting;

  (q) Failing adequately to timely adopt policies and procedures to protect children;

  31

  (r) Failing adequately to advise parents of statistical data available to BS A from
  the Ineligible Volunteer Files;

  (s) Failing adequately to advise parents that the LV. file system of ejection of
  volunteers as the primary method of protecting Scouts from pedophiles was
  ineffective;

  (t) Failing adequately to maintain, review and update the Ineligible Volunteer
  Files;

  (u) Failing adequately to warn parents of information regarding adult Scoutmasters
  and Youth Leaders and their propensity to engage in inappropriate behavior
  with scouts;

  (v) Failing adequately to communicate information regarding Scoutmasters, Youth
  Leaders, employees, volunteers, and/or agents to their operative branches,
  councils, wards throughout the United States; and

  (w) Failing adequately to require local councils to submit names of leaders,

  volunteers and employees for cross-checking with the Ineligible Volunteer
  Files.

  164. During all relevant times hereto, Defendant Hein was conducting himself in such a
  manner and fashion that the Boy Scout and LDS Church Defendants knew or should have known that
  Defendant Hein had a propensity to commit and engage in sexual misconduct.

  165. The Boy Scout and LDS Church Defendants were negligent by failing adequately to
  supervise the conduct and the activities of Defendant Hein.

  166. If the Boy Scout and LDS Church Defendants had properly and adequately supervised
  the conduct and the activities of Defendant Hein, they would have known or should have known of the
  misconduct of Defendant Hein, so as to prevent the sexual abuse and infliction of emotional distress on
  then minor-Plaintiff Melvin Novak.

  167. Had the Boy Scout and LDS Church Defendants not acted in such a careless, negligent,
  and/or reckless manner, they would have known and should have known of the conduct of Defendant

  32

  Hein, as described herein, and of his propensity to engage in such activities, such that the Boy Scout
  and LDS Church Defendants could have prevented the sexual abuse and the infliction of emotional
  distress on then minor-Plaintiff Melvin Novak.

  1 68. Upon information and belief, the Boy Scout and LDS Church Defendants knew or
  should have known of Defendant Hein's propensities to have inappropriate conduct, emotional, sexual,
  and otherwise, with minor children, but failed to take any disciplinary or remedial action to prevent
  Defendant Hein from having contact with minor children, which failure directly resulted in the sexual
  abuse of then minor- Plaintiff Melvin Novak.

  1 69. Upon information and belief, the Boy Scout and LDS Church Defendants knew or
  should have known that Defendant Hein had committed acts of sexual deviance and impropriety upon
  minor children, but failed to take any remedial or disciplinary measures against Defendant Hein, which
  failure directly resulted in the sexual abuse of then minor- Plaintiff Melvin Novak.

  1 70. Upon information and belief, the Boy Scout and LDS Church Defendants failed to
  discipline Defendant Hein for the harmful, illegal, and immoral acts he committed on then-minor
  Plaintiff and failed to report said acts to the appropriate civil and criminal authorities.

  171 . The conduct of the Boy Scout and LDS Church Defendants was outrageous, shocking
  and committed with utter disregard for the welfare of then minor-Plaintiff Melvin Novak.

  172. As a direct and proximate result of the negligence of the Boy Scout and LDS Church
  Defendants, and Defendant Hein, then minor-Plaintiff Melvin Novak was victimized by Defendant
  Hein and sustained the injuries and damages set forth herein.

  33

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church
  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars
  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT Mil
  Statutory Violation; Negligence Per Se
  fPlaintiff Melvin Novak v. All Defendants)

  173. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  1 74. At all times relevant hereto, the Boy Scout and LDS Church Defendants, by and
  through their agents, volunteers, and/or employees, in the course of their practice and profession,
  regularly came into contact with children, such as Plaintiff Melvin Novak.

  175. The Boy Scout and LDS Church Defendants, as well as defendant Hein, were at all
  times relevant hereto legally obligated under the "Child Protective Services Law" to report suspected
  child abuse to the Department of Public Welfare or county child protective service agencies. See 1 1
  P.S. § 2201, etseq. (repealed); 23 Pa. C.S. § 6301, etseq.

  176. Defendant Hein's sexual assault and exploitation of the then-minor Plaintiff violated
  Pennsylvania's Child Protective Services Law.

  177. Upon information and belief, Defendant Hein's sexual assault and exploitation of
  Plaintiff, and violation of Pennsylvania's Child Protective Services Law, was done with the knowledge
  and/or acquiescence of the Boy Scout and LDS Church Defendants.

  178. Upon information and belief, the Boy Scout and LDS Church Defendants did not report
  to civil or criminal authorities various allegations of sexual abuse of children by Defendant Hein.

  34

  179. As a direct and proximate direct of the failure of the Boy Scout and LDS Church
  Defendants and Defendant Hein to report to civil or criminal authorities allegations of sexual abuse of
  minor children by Defendant Hein, then minor- Plaintiff Melvin Novak was victimized by Defendant
  Hein and sustained the injuries and damages set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT IX
  Common Law Duty of Reasonable Care)
  (Plaintiff Melvin Novak v. All Defendants ^

  1 80. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  181. The Boy Scout and LDS Church Defendants were obligated to take reasonable care to
  investigate, supervise, and warn minors and/or their families of the risk of harm occasioned by their
  contact with Defendant Hein and/or other employees, agents, volunteers and/or servants of the Boy
  Scout and/or LDS Church Defendants whom the Boy Scout and LDS Church Defendants knew or
  should have known were sexually abusing minors.

  1 82. Upon information and belief, the Boy Scout and LDS Church Defendants failed to give
  assistance to victims of sexual abuse.

  183. The Boy Scout and LDS Church Defendants, through its agents, servants,
  representatives, volunteers and/or employees, held themselves out as having control over Defendant
  Hein and as having the ability to protect minors from inappropriate contact and/or child sexual abuse
  by Defendant Hein.

  35

  1 84. Upon information and belief, the Boy Scout and LDS Church Defendants engaged in a
  pattern of inaction or silence when they had an obligation to act or speak.

  185. The Boy Scout and LDS Defendants breached their duty of reasonable care as alleged
  above as follows:

  (a) Ignoring reports of sexual abuse of minors by its Scoutmasters and church
  leaders;

  (b) Failing to report offending Scoutmasters to the appropriate civil and/or
  criminal authorities, including the Department of Public Welfare and/or
  Children and Youth Services;

  (c) Failing to warn minors and their parents, including Plaintiff, of the dangers
  posed by sexually abusive Scoutmasters and Youth Leaders; and

  (d) Failing to remove or suspend offending Scoutmasters and Youth Leaders,
  including Defendant Hein, from their duties or otherwise stop them from
  pursuing sexual assaults on children, including then-minor plaintiff.

  1 86. As a direct and proximate result of the failure of the Boy Scout and LDS Church
  Defendants and Defendant Hein, to exercise reasonable care, then minor-Plaintiff Melvin Novak was
  victimized by Defendant Hein and sustained the injuries and damages set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT X
  (Breach of Fiduciary Duty)
  (Plaintiff v. All Defendants^

  1 87. Plaintiff incorporates by reference all of the allegations set forth above as if fully stated

  herein.

  36

  188. As a result of the affiliation then minor-Plaintiff had with the Boy Scout and LDS
  Church Defendants, a special fiduciary relationship, of human and spiritual trust, concomitant in loco
  parentis duties, existed between the Plaintiff and the Boy Scout and LDS Church Defendants.

  1 89. The Boy Scout and LDS Church Defendants were entrusted to with the well-being,
  care, and safety of the then-minor Plaintiff as a result of his status as a member of boy scout and church
  member.

  1 90. Under this fiduciary relationship, the Boy Scout and LDS Church Defendants assumed
  a duty to act in the best interests of Plaintiff, to provide a safe haven, and to ensure the then-minor
  Plaintiffs physical and emotional care and safety.

  191. The Boy Scout and LDS Church Defendants placed Plaintiff in the care of Defendant
  Hein for the purposes of, inter alia, providing Plaintiff with religious instruction, training, spiritual
  guidance, and counseling. As such, there existed a fiduciary relationship of trust, confidence, and
  reliance between the Boy Scout and LDS Church Defendants and then minor-Plaintiff Melvin Novak.

  192. Plaintiff had a right to rely and did rely upon the representations of the Boy Scout
  and/or LDS Church Defendants that the Scoutmasters and church leaders, including Defendant Hein,
  were individuals in good standing and that the Boy Scout and LDS Church Defendants would not
  tolerate criminal misconduct by its Scoutmasters and Youth Leaders toward children.

  1 93 . As asserted herein, Defendant Hein sexually assaulted and molested the then-minor
  Plaintiff.

  1 94. Upon information and belief, the Boy Scout and LDS Church Defendants and
  Defendant Hein breached their fiduciary duty through their inaction, manipulation, intimidation,

  37

  evasion, intended deception, concealment, undue influence, duress, or otherwise as more folly
  described and set forth herein, resulting in injury to Plaintiff.

  195. As a direct result of the breach of fiduciary duty of the Boy Scout and LDS Church
  Defendants and Defendant Hein, then minor-Plaintiff Melvin Novak suffered injuries and damages as
  set forth herein.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church

  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars

  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  COUNT XI
  (Respondeat Superior)
  (Plaintiff Melvin Novak v. Boy Scout and LDS Church Defendants )

  196. Plaintiff incorporates by reference all of the allegations set forth above as if folly stated

  herein.

  1 97. The Boy Scout and LDS Defendants are liable for the sexual abuse of minor plaintiff
  under the doctrine of respondeat superior.

  198. At all times relevant hereto, Defendant Hein held official positions and/or was
  performing official duties for the Boy Scout and/or LDS Church Defendants, and he was acting as an
  agent of the Boy Scout and/or LDS Church Defendants.

  199. Defendant Hein was at all times under the dominion, authority, and the control of the
  Boy Scout and/or LDS Church Defendants, and was acting within the scope of his agency and/or
  employment, when he performed the egregious and despicable acts of sexual depravity upon then-
  minor Plaintiff.

  38

  200. The Boy Scout and/or LDS Church Defendants are vicariously liable as a principals for
  all torts committed by its agents and/or employees.

  WHEREFORE, Plaintiff demands judgment against the Boy Scout Defendants, LDS Church
  Defendants and Defendant Hein, jointly and severally, in a sum in excess of Fifty Thousand Dollars
  ($50,000.00) in compensatory damages, punitive damages, costs, and attorneys fees.

  EISENBERG, ROTHWEILER,
  WINKLER, EISENBERG & JECK, P.C.

  Stewart J. EisenBerg, Esquire^
  Dino Privitera, Esquire
  Attorneys for Plaintiff

  Date: December 12, 2012

  39

  VERIFICATION

  I, Melvin Novak, having read the attached Civil Action Complaint, verify that the within
  Civil Action Complaint is based on information furnished to counsel, which information has
  been gathered by counsel in connection with this lawsuit. The language of the Civil Action
  Complaint is that of counsel and is not mine. I verify that I have read the within Civil Action
  Complaint and that it is true and correct to the best of my knowledge, information, and belief. To
  the extent that the contents of the Civil Action Complaint are that of counsel, I have relied upon
  counsel in making this verification. This verification is made subject to the penalties of 1 8 Pa.
  C.S.A. §4904 relating to unsworn falsification to authorities.

  MELVIN NOVAK "