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 grossly and not limited a. live/enjoy common, limited common, personal property. VEC HOA is negligent, discriminating and defraud us over the years as follows to: VEC HOA Boards conspires with Property managers, HOA Security Guards/IMPD, my building 4250 unit owners/tenants, maintenances, again falsely condo which untold physical conspiracy is my family and my contractors, sub-contractors, etc, to arrest me over and over and creates/enables for hostile living environment in the causes me and my family to incur over $100,000. expense, and mental sufferings/anguish and counting. Their targeted/discriminated nature only towards to me, properties which continues. I, Kay Kim, Pro SePage 1 of 12
IN ST CIV COMPLAINTS 11NOV2010

Plaintiff and my family worse by this lawsuit. b.

are fully anticipates that it might get only

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 years. c.

coordinated with the IMPD to got me arrested many times over the

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 Guard, enjoyment of the never bother to stop property by dogs excrement. d.

areas, VEC HOA Boards, property managers and HOA Security IMPD conspired with them to deprive of my right of common and limited common areas. Further, they 4250 unit 6 owner(s)/tenants to damage my

Further, HOA Security Guard James Waters and a couple of 4250 unit owner/resident uses illegal drug but, they conspired with the IMPD

and e.

accused me with the illegal drug so, force me to take the test. 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 f.

incurred and revenue. 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, Overley-

etc.) and Property managers, (Becky Cruse-$50,000.00, Sharon $120,000.00 etc.) embezzled(s) over $800,000.00 and

Page 2 of 12
IN ST CIV COMPLAINTS 11NOV2010

counting since year allow for Boards to themselves. They have few ways to get criminally prosecuted and continue g.

2004 and counting. Our condo bylaw does not make/compensate any money for make sure/influence so, they dont the embezzlement.

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 indirectly to property. h.

influence almost anyone whom they contact-directly &/or create hostile environment for me, my family and my

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, criminal and Federal just to protect my condo with dignity. 2.

building 4250 owners/tenants, IMPD, State civil and civil Courts systematically drive us to bankruptcy property and to stand up for my rights to live in the

VEC HOA Boards and Property managers conspires to withhold complete insurance policy for last 10 years. (The first complete insurance policy

was 3.

received this year-on August 30, 2010.) 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

Page 3 of 12
IN ST CIV COMPLAINTS 11NOV2010

properties presumably due to toilet &/or water leaks 4.

by the immediate upper level unit 6 &/or other(s) and vandals.

Over the years, my units was damaged over and over again by others (presumably immediate upper level 4250 unit 6). Many incidents have

never was by VEC adjuster(s), 5.

been compensated for the damages. Instead, I, Kay Kim, Pro Se-Plaintiff accused of defraud the insurance company, lying, threatened, intimidated HOA Boards, Property managers, owners/tenants of units, insurance etc. 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. 6. 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

Claim I:

excrement damages to the Master Bath & Bedroom ceilings and walls as follows a. 5x9 and not limited to: 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:

Page 4 of 12
IN ST CIV COMPLAINTS 11NOV2010

(See Exhibit 7) (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. Sub Total of Claim I i. $ 1,300.00 $ 11,050.00 ========== $ 1,000.00 $ 600.00

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 k. l.

parties to be sued. 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)

Page 5 of 12
IN ST CIV COMPLAINTS 11NOV2010

m.

Chubb Custom Insurance closed my claim per telephone conversation on 9/30/2010 with the Adjuster Kimberlyn J. Twiehaus & her supervisor, Sandra Vanmill stated that there is no damage. issue any

Therefore they will not 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, EXHIBIT: 8, 9, 10.) a. b. c. d. e. f. g. h. i. j. k. l. m. 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) $ 3,500.00 $ 300.00 patio furniture and not limited to: (SEE

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

Page 6 of 12
IN ST CIV COMPLAINTS 11NOV2010

n. o. p, q. r.

Tarps 7x$1.99 (waived) Tool Drawer (waived) Hose (clean up) Chemical (clean up) Hose adaptors (male & female) (clean up) Sub Total of Claim II

$ $ $ $ $

0.00 0.00 20.00 20.00 10.00

$ 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 u. 8.

parties to be sued. 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. Sub Total of Claim III d. See EXHIBITS for the following claims: Laundry, Hallway, Dinning & Kitchen water damage in the year ?2005/?2004 and 2009. $ 2,000.00 $ 2,500.00 $ 500.00

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

Page 7 of 12
IN ST CIV COMPLAINTS 11NOV2010

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 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 c. d. parties to be sued. 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 the insurance compensated, I was 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# compensated for the damage. Instead, I was accused of defraud company, lying, etc. Further, when I filed the lawsuit to get fraudulently accused, arrested, jailed, and threatened by the

Page 8 of 12
IN ST CIV COMPLAINTS 11NOV2010

7958Property property and I 12.

00-81) because I was deceived/misled by the VEC HOA Boards and managers that they are responsible for any damages done to my have claim myself against immediate upstairs. 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 husband Kim, Pro Seand threatened obvious that one way

ceiling, wall, carpet, patio/patio furniture, I, Kay Kim, Pro Se and my were ordered to leave the city county building. In the end, I, Kay Plaintiff was arrested. I, Kay Kim, Pro Se-Plaintiff was harassed by the court clerks, judge and the commissioner. It was so for the Court clerk(s) to help the defense lawyer by not the case chronology, gave me hard time for me to documents, lying, false accusations, etc., Make a court clerks, Judge and the commissioner in ongoing. Filing this lawsuit in the Indiana due to fear of retaliation. If I, Kay Kim, Pro were White, this will never happened.

entering my documents in get Filed stamp on my long story short, Im suing the the federal lawsuit and it is Civil Court wasnt an easy decision Se or my husband (Charles Chuang) 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.

Page 9 of 12
IN ST CIV COMPLAINTS 11NOV2010

(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 clerk,

concerning our lawsuit. If your honor to tell me through your Please tell them to do it in writing/mailing letter or email only.

Page 10 of 12
IN ST CIV COMPLAINTS 11NOV2010

Further, manner. My

your clerk to update/input case chronology in a timely 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

CERTIFICATE OF SERVICE

Page 11 of 12
IN ST CIV COMPLAINTS 11NOV2010

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

Page 12 of 12
IN ST CIV COMPLAINTS 11NOV2010