STATE OF INDIANA COUNTY OF MARION KAY KIM, CHARLES CHUANG, Plaintiffs,

) ) ss: )

IN THE MARION COUNTY CIVIL SUPERIOR COURT NO. CAUSE NO. 49D01-1011-CT-048790 )

) ) vs. ) ) Village at Eagle Creek ) Home Owners Association (VEC HOA)) c/o Community Association Services of Indiana,) CHUBB Custom Insurance Company (CCIC),) Defendants. )

COMPLAINTS Comes now the Plaintiff Charles Chuang, Pro Se and Kay Kim, Pro Se, filed our Complaints as follows and not limited to: 1. VEC HOA (past & current Board of Directors and Property Managers) conspires to commit a fraud & to create/enable hostile environment for me and my family to live/enjoy common, limited common, personal property. VEC HOA is grossly negligent, discriminating and defraud us over the years as follows and not limited to: a. VEC HOA Boards conspires with Property managers, HOA Security Guards/IMPD, my building 4250 unit owners/tenants, maintenances, contractors, sub-contractors, etc, to arrest me over and over again falsely and creates/enables for hostile living environment in the condo which causes me and my family to incur over $100,000. expense, untold physical and mental sufferings/anguish and counting. Their conspiracy is targeted/discriminated nature only towards to me, my family and my

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properties which continues. I, Kay Kim, Pro Se-Plaintiff and my family are fully anticipates that it might get only worse by this lawsuit. b. When I, Kay Kim, Pro Se demanded(s) and questioned(s) of their financial misconduct/embezzlement, VEC HOA Boards and property managers started accused(s) me that I, Kay Kim, Pro Se is crazy/mental and coordinated with the IMPD to got me arrested many times over the years. c. When my building 4250 unit owners started to accuse me also that I, Kay Kim, Pro Se is crazy and harass me in the common and limited common areas, VEC HOA Boards, property managers and HOA Security Guard, IMPD conspired with them to deprive of my right of enjoyment of the common and limited common areas. Further, they never bother to stop 4250 unit 6 owner(s)/tenants to damage my property by dogs excrement. d. Further, HOA Security Guard James Waters and a couple of 4250 unit owner/resident uses illegal drug but, they conspired with the IMPD and accused me with the illegal drug so, force me to take the test. e. Refuse, intimidate, threat, ignore, etc., any of my demand as the owner of the condo such as report of a full accounting of all receipts and expenses incurred and revenue. f. It is my guessed estimation that among VEC HOA Boards (Kim Timmis$300,000.00, Bryan Whitfield-$200,000.00, Steven Whitaker-$50,000.00, etc.) and Property managers, (Becky Cruse-$50,000.00, Sharon Overley$120,000.00 etc.) embezzled(s) over $800,000.00 and counting since year 2004 and counting. Our condo bylaw does not allow for Boards to

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make/compensate any money for themselves. They have few ways to make sure/influence so, they dont get criminally prosecuted and continue the embezzlement. g. VEC HOA Boards has big bank account/cash at their disposal which average annual budget of $340,000.00. With that big bank account, they influence almost anyone whom they contact-directly &/or indirectly to create hostile environment for me, my family and my property. h. The above facts are important to state in this lawsuit due to their slander/to blame that I, Kay Kim, Pro Se-Plaintiff is the one who cheats and causes financial burden to the HOA by this lawsuit. i. Their ultimate goal is force me to move out and totally silence me by any means necessary. Besides, VEC HOA Boards, HOA property managers, building 4250 owners/tenants, IMPD, State civil and criminal and Federal civil Courts systematically drive us to bankruptcy just to protect my property and to stand up for my rights to live in the condo with dignity. 2. VEC HOA Boards and Property managers conspires to withhold complete insurance policy for last 10 years. (The first complete insurance policy was received this year-on August 30, 2010.) 3. Since, we moved into the condo and to this date, VEC HOA Boards and Property managers deny verbally and in writing of any and all responsibility of damages occurred to my unit 2 building 4250, vehicles and personal properties presumably by the immediate upper level unit 6 &/or other(s) due to toilet &/or water leaks and vandals.

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4.

Over the years, my units was damaged over and over again by others (presumably immediate upper level 4250 unit 6). Many incidents have never been compensated for the damages. Instead, I, Kay Kim, Pro Se-Plaintiff was accused of defraud the insurance company, lying, threatened, intimidated by VEC HOA Boards, Property managers, owners/tenants of units, insurance adjuster(s), etc.

5.

In the Claims, the followings are not included in the estimates and not limited to: Tax are not included in the estimates. Any and all unseen/hidden Damage(s) Costs are not included in the estimates. Food (3times a day x estimated construction days) for 2 adults are not included in the estimates. Punitive damages are not included in the estimates. Estimated dollar amount is rounded. Measurements/sizes are approximated. Exhibits will be presented at the trial. Actual claim damage of $ 11,050.00 due to Water & human

6.

Claim I:

excrement damages to the Master Bath & Bedroom ceilings and walls as follows and not limited to: a. 5x9 Master Bath Ceiling R&R (Texturing & Sanitizing) $ 1,500.00:

(SEE EXHIBIT: 2, 3, 4.) - All Exhibits will be presented at the Jury trial. b. 9x9 Master Bath Back Wall R&R (Tiling & Sanitizing) $ 2,000.00:

(See Exhibit 7)

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(1) (2) c. d. e. 5x9 3x6 5x9

R&Rs Toilet R&Rs Vanity (V & V.Top Plumbing)

$ $

150.00 600.00

Master Bath Back Wall R&R (Tiling & Sanitizing) $ 1,200.00 Master Bath RS Wall R&R (Tiling & Sanitizing) Master Bedroom Ceiling R&$ (Texturing) $ 1,200.00 $ 1,500.00:

(SEE EXHIBIT: 1,5, 6.) f. g. h. 13x14 Master Bedroom Ceiling Scrape & Texture) Painting Master Bath & Bedroom ceilings & walls. Moving, Storing, Cleaning & Repositioning Master Bedroom & Bathroom furniture/items for duration of estimated construction. $ 1,300.00 $ 1,000.00 $ 600.00

Sub Total of Claim I

$ 11,050.00 ==========

i.

I, Kay Kim, Pro Se claim the amount from VEC HOA, Chubb Customs Insurance &/or Shannon & Kyle Love-owner 4250 unit 6.

j.

Pursuant to the Rule 201/17(B) moves the Court to take Judicial Notice and determine by the law of this state in the matter of which (b-1) party or parties to be sued.

k. l.

Joinder of Defendants per outcome of (j). I, Kay Kim, Pro Se filed property claim against VEC HOA insurer-CCIC on September 24, 2010. (Claim# 0475-1004-2465; Policy# 7958-00-81)

m.

Chubb Custom Insurance closed my claim per telephone conversation on 9/30/2010 with the Adjuster Kimberlyn J. Twiehaus & her supervisor,

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Sandra Vanmill stated that there is no damage. Therefore they will not issue any estimate. n. Chubb Custom Insurance, VEC HOA Boards, Property managers, etc., are conspired to commit fraud, lie and gross negligent. 7. Claim II: Actual damage of $ 5,800.00 from VEC HOA & ?Insurance

Company due to water, human and pet excrement damages to the ceiling, wall, patio furniture and not limited to: (SEE EXHIBIT: 8, 9, 10.) a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p, R&R Soiled-Black Water Carpet and sanitization. R&R Soiled-Dog excrement Back patio items. R&R 5x8 2nd Bathroom Ceiling. R&R 3x3 2nd Bathroom Hallway & Smoke Alarm. Large patio umbrella Tall storage cooking station Short storage Oven - 6 slicer Single burner XS George Foreman Grill at least 3 men and women's tennis shoes small patio umbrella w/stand (waived) 5qt crock pot (waived) Tarps 7x$1.99 (waived) Tool Drawer (waived) Hose (clean up) $ 3,500.00 $ 300.00

$ 1,200.00 $ $ $ $ $ $ $ $ $ $ $ $ $ 300.00 90.00 90.00 70.00 80.00 10.00 20.00 90.00 0.00 0.00 0.00 0.00 20.00

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q. r.

Chemical (clean up) Hose adaptors (male & female) (clean up)

$ $

20.00 10.00

Sub Total of Claim II

$ 5,800.00 ==========

s.

Filing this Claim II is against the NEW DEFENDANTS-VEC HOA & CCIC.

t.

Pursuant to the 201/17(B) moves the Court to take Judicial Notice and determine by the law of this state in the matter of which (b-1) party or parties to be sued.

u. 8.

Joinder of Defendants per outcome of (t). Actual damage of $ 5,000.00 from VEC HOA & ?Insurance

Claim III:

company(nies) &/or Building 4250 owner(s) of Unit 6. (SEE EXHIBIT: 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.) a. b. c. R&R 10x20 of the ceilings. Scrape, texture, painting of the continuous ceilings. Painting all walls related to the above b & c. $ 2,000.00 $ 2,500.00 $ 500.00

Sub Total of Claim III

$ 5,000.00 ==========

d.

See EXHIBITS for the following claims: Laundry, Hallway, Dinning & Kitchen water damage in the year ?2005/?2004 and 2009.

e.

Pursuant to the 201/17(B) moves the Court to take Judicial Notice and determine by the law of this state in the matter of which (b-1) party or

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parties to be sued. f. 9. Joinder of Defendants per outcome of (e). Actual damage of $ 1,400.00 from VEC HOA & ?Insurance

Claim IV:

company(nies).: (See Exhibit: 24 thru 41.) a. b. Ongoing damages to the front door, vehicles and screen doors. Pursuant to the 201/17(B) moves the Court to take Judicial Notice and determine by the law of this state in the matter of which (b-1) party or parties to be sued. c. d. Joinder of Defendants per outcome of (b). Specifically, my handicap van and compact car started to vandalize after we told the Building 4250 Unit 8 owner Mae Vera & Scott Perry that we dont want to sell our car. e. Minivan-vandalized and harassed by the VEC HOA Boards, Property manager & Security guard. 10. Over the years, my units was damaged over and over again by others (presumably immediate upper level 4250 unit 6). Many incident have never been compensated for the damage. Instead, I was accused of defraud the insurance company, lying, etc. Further, when I filed the lawsuit to get compensated, I was fraudulently accused, arrested, jailed, and threatened by the Court clerks and the 11. For the first time, I, Kay Kim, Pro Se filed property claim against VEC HOA insurer-CCIC on September 24, 2010. (Claim# 0475-1004-2465; Policy# 795800-81) because I was deceived/misled by the VEC HOA Boards and Property

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managers that they are responsible for any damages done to my property and I have claim myself against immediate upstairs. 12. When I, Kay Kim, Pro Se-Plaintiff was trying to file the court documents for my lawsuit for the toilet/human excrement, water and dog excrement damages to my ceiling, wall, carpet, patio/patio furniture, I, Kay Kim, Pro Se and my husband were ordered to leave the city county building. In the end, I, Kay Kim, Pro SePlaintiff was arrested. I, Kay Kim, Pro Se-Plaintiff was harassed and threatened by the court clerks, judge and the commissioner. It was so obvious that one way for the Court clerk(s) to help the defense lawyer by not entering my documents in the case chronology, gave me hard time for me to get Filed stamp on my documents, lying, false accusations, etc., Make a long story short, Im suing the court clerks, Judge and the commissioner in the federal lawsuit and it is ongoing. Filing this lawsuit in the Indiana Civil Court wasnt an easy decision due to fear of retaliation. If I, Kay Kim, Pro Se or my husband (Charles Chuang) were White, this will never happened. 13. REQUEST FOR TRIAL BY JURY: Comes now the Plaintiff Kay Kim, Pro Se, pursuant to TR38, requests trial by jury in the above-captioned cause of action. 14. REQUEST FOR RELIEF as follows and not limited to: (a) Pursuant to 36/37(A)(4) moves the Court to award part of incurred expenses, amount of $5,000.00. immediately on or no later than the 1st preliminary hearing.

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(b)

Request to take judicial notice pursuant to 201/17(B) determine by the law of this state in the matter of which (b-1) party or parties to be sued. Outcome of this hearing and if it is determined by this court, the Court to order the joinder of Defendnats, 4250 Unit 6 owner of Shannon Lampsa and Kyle Love.

(c)

VEC HOA to pay the Plaintiff, Kay Kim, Pro Se total of $ 34,400.00 as follows and not limited to: (1) (2) (3) (4) Claim I: Claim II: Claim III: Claim IV: $ 10,000.00. $ 11,600.00. $ 10,000.00. $ 2,800.00.

(d)

CCIC to pay the Plaintiff, Kay Kim, Pro Se total of $206,050.00. for Claim I.

(e)

? Insurance Company to pay the Plaintiff, Kay Kim, Pro Se total of $ 63,800.00 for Claim II.

(f)

? Insurance Company to pay the Plaintiff, Kay Kim, Pro Se total of $ 55,000.00 for Claim III.

(g)

? Insurance Company to pay the Plaintiff, Kay Kim, Pro Se total of $ 15,400.00 for Claim IV.

(h)

I, Kay Kim, Pro Se or my husband will be engaged with your clerk to get filed stamp only. I or my husband have no reason to talk to your clerk concerning our lawsuit. If your honor to tell me through your clerk, Please tell them to do it in writing/mailing letter or email only. Further,

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your clerk to update/input case chronology in a timely manner. My husband and I are fear of your clerk(s) retaliation. WHEREFORE, Plaintiff Charles Chuang, Pro Se and Kay Kim, Pro Se pray for judgment commensurate in the estimated ACTUAL DAMAGES and PUNITIVE DAMAGES against the Defendants in the total amount of $272,950.00., court costs, my fees which equivalent to lawyer, expense, all other just and proper relief in the premises expeditiously. 15. The following documents are filed with the Complaints: Appearance. Summons. Respectfully submitted,

Date: November 11, 2010 Charles Chuang, Pro se-Plaintiff 4250 Village Pkwy Cir E. Unit 2 Indianapolis, IN 46254 Tel# 317-641-5977 em: chang2597@gmail.com

Date: November 11, 2010 Kay Kim, Pro se-Plaintiff 4250 Village Pkwy Cir E. Unit 2 Indianapolis, IN 46254 Tel# 317-641-5977 em: mono2597@gmail.com

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CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the Complaints was served with the Appearances and Summons by the Civil Filing Office to the following on this 11th day of November, 2010.

Kay Kim, Pro se-Plaintiff 4250 Village Pkwy Cir E. Unit 2 Indianapolis, IN 46254 Tel# 317-641-5977 em: mono2597@gmail.com

Village at Eagle Creek Homeowners Association (VEC HOA) c/o Community Association Services of Indiana 11711 North College Ave., Suite 100 Carmel, IN 46032 Tel# 317-875-5600 CHUBB Custom Insurance Company 2155 W. Pinnacle Peak Rd. Phoenix, AZ 85027 Tel# (800) 252-4670

Kay Kim, Pro Se-Plaintiff

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