Affidavit Of Charles Chuang In Support Of Plantiff’s Motion For Summary & Default Judgment As Final 25jun2009
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THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA Kay Kim, Plaintiff,
) ) v. ) ) VEC HOA (Village at Eagle Creek ) Home Owner’s Association) ) Judge Theodore M Sosin, the Court Staff & ) Commissioner Richard Gilroy ) Northwest District Prosecutor(s) ) Officers Melvin Clayton & his Partner ) Officer Ryan J. Romeril ) State of Indiana Attorney General, et al. ) Defendants. )
Cause No. 1:08-cv-1644-SEB-DML
CHARLES CHUANG’S AFFIDEVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY AND DEFAULT JUDGMENT AS A FINAL JUDGMENT ON JUNE 25, 2009. 1
I am Charles Chuang and sworn under the penalty of perjury the affidavit below.
2
I have lived with Kay Kim Kay Kim since 1996. Kay Kim has lost her knee many years ago. She has been handicapped and need a walking stick or wheel chair to move around. She has never been violent or convicted of any criminal offence since I am with her.
3
In February 1999, we moved into a condominium unit at the Village At Eagle Creek (VEC) condominiums. Since then we have been paying the association fees every month and am entitled to all the rights accorded to the owners of the VEC. Kay Kim and I do not like to be involved in the VEC affairs. We do not use the community hall, swimming pool, tennis courts or exercise room. If the VEC leave us alone we will never bother them.
4
When the VEC maintenance man told us to move out of the community, Kay Kim complained to the VEC but nothing was done. Kay Kim suspected that someone is stealing money from the VEC. The VEC is less than 10 years old in 1999. Kay Kim Page 1 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
noticed that the VEC is already changing the roofs in a few buildings. She wanted to know if the contractor or the manufacturer is paying for the replacement. Chris Meloy was the President of the VEC and worked as a prison warden at that time. Kay Kim wanted to see the accounts and check if there is any misappropriation of VEC funds. At that time the VEC has $500,000 in reserve funds. The Property Manager tried unsuccessfully to get a restraining order to prevent her from going to the Office to check the accounts. 5
When Kay Kim called Chris Meloy at 10 p.m. to inquire about the finances and discuss other issues related to the VEC. He ordered a Sheriff Deputy from Marion County to his home in Henderick County. He alleged that Kay Kim threatened on the phone to slit his throat and he is fearful for his life. Sheriff Deputy came to my house at 2 a.m. and arrested Kay Kim. This is Kay Kim first arrest but she could not be released on OR because of the severity of the alleged charges. The Honorable Judge Baker ordered a court appointed a psychiatrist to observe Kay Kim while she was in custody. The Court record shows that there is no evidence of psychosis on Kay Kim. The witnesses and arresting officer failed to show up in court on a few occasions. Judge Baker subsequently dismissed the case.
6
In 2001 IMPD Sgt James Waters was offered free housing in the VEC in exchange for working as the VEC security Officer. In 2003 the VEC Property Manager Sarah Wilson was arrested and charged for embezzling $300,000 of the VEC funds. No one else was charged in the embezzlement case. Kay Kim found it hard to believe that only one person is involved in the case. In 2004 Sharon Overley became the new Property Manager. She came to our yard and ordered us to remove the decorative stones we bought for the garden. Sharon Overley also hadstones on her three units in the VEC. When the VEC Page 2 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
ignored Kay Kim complaints about the Property Manager she wanted to check the VEC accounts. In retaliation Sharon Overly alleged that Kay Kim is “crazy” and together with James Waters got a sheriff deputy to come and arrest Kay Kim for “trespassing” on the common property of the VEC. James Waters is familiar with the VEC byelaws and knows that Kay Kim has not committed any offence but yet he got the Police to arrest her so that she cannot check the accounts. Kay Kim was sent to the psychiatric hospital for observations. The arresting officer told me that the charges will be dropped if the results from the doctor is negative. The doctor’s report did not show that Kay Kim is insane or violent. Both Sharon Overley and James Waters went to the Judge (outside court sessions) and alleged that Kay Kim is crazy. As a result this case is still in court even though the statue of limitation for the case has expired. In 2005 Sharon Overley was fired for the misappropriation and mismanagement of VEC funds. She refused to turn over the accounts and books to the new treasurer and the VEC threatened to report the case to the Police. In 2008 James Waters moved into one of Sharon Overley’s unit and is still living there. 7
In 2006 Kay Kim was prevented to do her court filings in the City County Building. There was no disorderly conduct but she was arrested for “trespassing” in a public property. This shows repeated Sheriff Deputy’s intimidation and harassment. This case is still in court even though the statue of limitation for the case has expired.
8
In 2007 my neighbors Linda L and Patricia L called James Waters when Kay Kim was walking to the trash can with a knife in her hands. James Waters then instructed an IMPD Police Officer and a wagon to arrest Kay Kim while she was in her common property. She was again sent to the psychiatric hospital and given a blood and urine test for drug abuse. The tests were administered against her wishes but were negative. This is the Page 3 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
thirdtime Kay Kim was arrested on her property without any probable cause. James Waters used IMPD to intimidate and harass her. This case is still in court even though the statue of limitation for the case has expired. 9
In 2005 Kay Kim was ordered to be evaluated by Dr. Parker the Head of the psychiatric Department in IUPUI. The Honorable Judge sent her for a second evaluation when the initial report did not fit her intent. The Indiana Supreme Court then appointed a special judge from Hamilton County to trial all three cases. Till today the cases has yet to be disposed. Ironically the Special Judge ordered Kay Kim to go for a third evaluation with the same Doctor last month.
10 Kay Kim suffered untold humiliations and even after three false arrests shedid not file
any law suit against anyone. Kay Kim has no choice but to suffer in silence because she felt she has been singled out because of her race. She is physically handicapped. I feel that if left alone to defend herself she will be let down by this court just like her first lawsuit. How come she is the only one in the VEC to get arrested (four times) on her own property in the entire history of the VEC? 11 In 2008, Linda L and Patricia L have called the Police more than 20 times to try to get
Kay Kim arrested without success. They also called animal control to file false complaints against my dogs. The Police made an anonymous complaint to the health department claiming that “foul smell” was comingfrom my house. How come the Police got involved in such domestic problems? At about 11 a.m. on October 12, 2008 James Waters convened a meeting attended by Linda L, Patricia L, Charles Ritter, Mae Vera and others at the City County Building. The purpose of the meeting was to discuss ways to get rid of Kay Kim. At about 10 a.m. on November 6, 2008 Linda L held a meeting
Page 4 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
attended by Charles Ritter, Patricia L and Rhonda Heath to orchestrate a plan to set up Kay Kim. 12 At about noon Rhonda Heath buzzed several times the door bell for Kay Kim. She did
not answer when Kay Kim asked through the intercom: “who is it?” When Kay Kim came to the main door she realized that there was a stranger at the door. She opened the door and asked the stranger why she buzzed her house? The stranger didn’t say a single word and out of no where she suddenly forced the door open and pushed herself into Kay Kim and entered the building against the wishes of Kay Kim. When the stranger was already inside the building, Linda Handlon and Patricia Ladenthin came out and started shouting at Kay Kim. Mae Vera was recording the entire incident from the second floor. Charles Ritter was watching beside Mae Vera all the time. 13 About one hour later IMPD Wilkes arrived at the building. Kay Kim was at the car park
and was she saw Charles Ritter talking to Wilkes. Wilkes then followed Kay Kim into her house and asked if she called the Police. He also asked if she is on any medications. Kay Kim told him to leave her house unless he has a warrant. He replied that he does need a warrant to come into the apartment. At that instant Linda Handlon opened her door and in unison with Patricia Ladenthin and Rhonda Heath and shouted: “she hit Rhonda”. At that instant Wilkes lifted Kay Kim in the air and threw her on the floor. He then put his knee on her back and handcuffed her. Wilkes used of excessive force on Kay Kim who is handicap with a petite body is totally uncalled for. No other police had to use force on Kay Kim on all previous arrests. If Rhonda had been hit by Kay Kim why was there a delay to call the police? If Charles Ritter was really sincere and not involved why didn’t he call the police at the time the pushing was going on? Why did he call James Waters? Who dispatched Wilkes and the Sheriff Wagon? Wilkes came to the building with the Page 5 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
sole intention to arrest Kay Kim even though he did not have a probable cause or warrant at that time. Why didn’t he arrest Rhonda Heath when she admitted on the probable causeaffidavit that she had criminally forced trespassing into a private property? Why didn’t he take any evidence such as photos and DNA for alleged battery? Why didn’t he get Kay Kim’s side of the story? 14 Linda Handlon and Patricia Ladenthin were both inside their respective house at the time
the alleged altercation occurred and could not have witnessed the battery and resistance to arrest as claimed and thereby perjured under oath in the probably cause affidavits they signed. 15 During the entire existence of the VEC I believe that more than $1.5 millions had been
stolen from the VEC. A 2008 audit shows that there is only $32,000 left in the bank. We are not interested to prosecute the people who had stolen the money.The VEC spend relentless efforts to prevent anyone from exposing the loss, theft and other illegal activities. The VEC used IMPD James Waters and his connections to harass and intimidate anyone meddling. As for Kay Kim James Waters used his connections to arrest and have her checked by the emergency mental hospital. James Waters entrapped Kay Kim by using her neighbors Linda H and Patricia L and tried to make her move outof the VEC. I am with Kay and even though they do not the things they do to harm Kay directly on me I still feel her pain and suffer with her in everyway. 16 During the last 10 years Kay Kim has been constantly intimidated and non stop
harassments from the Police who acted illegally to conceal the corruptions in the VEC. I have seen Kay Kim been discriminated so many times by the neighbors, the VEC and the Police. She has suffered so much mental and physical anguish that I cannot standby and do nothing anymore. Kay is afraid of my safety if I get involved in her case. Page 6 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
17 I affirm under the penalty for perjury that the representations contained in this affidavit
are true to the best of my information and belief. Dated: June 23, 2009 ______ By Charles Chuang Phone# (317) 641-5977& Address: 4250 Village Pkwy Cir e unit 2, Indpls., IN 46254 CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels & defendant(s) were delivered either by first class U.S. Mail, postage prepaid or hand delivered on June 26, 2009: Nicole R. Kelsey,Assistant Corp. Counsel, Office of Corporation Counsel & Jonathan L. Mayes, Chief Litigation Counsel, e: [email protected] 200 East Washington St., Room 1601 Indianapolis, IN 46204 T# (317) 327-4055 / F# (317) 327-3968 / E-mail: [email protected] James Edgar Attorney, J. Edgar Law Office, Prof. Corp., 1512 N. Delaware Street Indianapolis, IN 46202 Pho# (317) 472-4000 / Fax# (317) 472-0640 / em: [email protected] Village at Eagle Creek Home Association 7225 Village Parkway Drive, Indianapolis, IN 46254 Phone (317) 291-4916, E-mail - [email protected] ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected]
Page 7 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
) ) v. ) ) VEC HOA (Village at Eagle Creek ) Home Owner’s Association) ) Judge Theodore M Sosin, the Court Staff & ) Commissioner Richard Gilroy ) Northwest District Prosecutor(s) ) Officers Melvin Clayton & his Partner ) Officer Ryan J. Romeril ) State of Indiana Attorney General, et al. ) Defendants. )
Cause No. 1:08-cv-1644-SEB-DML
CHARLES CHUANG’S AFFIDEVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY AND DEFAULT JUDGMENT AS A FINAL JUDGMENT ON JUNE 25, 2009. 1
I am Charles Chuang and sworn under the penalty of perjury the affidavit below.
2
I have lived with Kay Kim Kay Kim since 1996. Kay Kim has lost her knee many years ago. She has been handicapped and need a walking stick or wheel chair to move around. She has never been violent or convicted of any criminal offence since I am with her.
3
In February 1999, we moved into a condominium unit at the Village At Eagle Creek (VEC) condominiums. Since then we have been paying the association fees every month and am entitled to all the rights accorded to the owners of the VEC. Kay Kim and I do not like to be involved in the VEC affairs. We do not use the community hall, swimming pool, tennis courts or exercise room. If the VEC leave us alone we will never bother them.
4
When the VEC maintenance man told us to move out of the community, Kay Kim complained to the VEC but nothing was done. Kay Kim suspected that someone is stealing money from the VEC. The VEC is less than 10 years old in 1999. Kay Kim Page 1 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
noticed that the VEC is already changing the roofs in a few buildings. She wanted to know if the contractor or the manufacturer is paying for the replacement. Chris Meloy was the President of the VEC and worked as a prison warden at that time. Kay Kim wanted to see the accounts and check if there is any misappropriation of VEC funds. At that time the VEC has $500,000 in reserve funds. The Property Manager tried unsuccessfully to get a restraining order to prevent her from going to the Office to check the accounts. 5
When Kay Kim called Chris Meloy at 10 p.m. to inquire about the finances and discuss other issues related to the VEC. He ordered a Sheriff Deputy from Marion County to his home in Henderick County. He alleged that Kay Kim threatened on the phone to slit his throat and he is fearful for his life. Sheriff Deputy came to my house at 2 a.m. and arrested Kay Kim. This is Kay Kim first arrest but she could not be released on OR because of the severity of the alleged charges. The Honorable Judge Baker ordered a court appointed a psychiatrist to observe Kay Kim while she was in custody. The Court record shows that there is no evidence of psychosis on Kay Kim. The witnesses and arresting officer failed to show up in court on a few occasions. Judge Baker subsequently dismissed the case.
6
In 2001 IMPD Sgt James Waters was offered free housing in the VEC in exchange for working as the VEC security Officer. In 2003 the VEC Property Manager Sarah Wilson was arrested and charged for embezzling $300,000 of the VEC funds. No one else was charged in the embezzlement case. Kay Kim found it hard to believe that only one person is involved in the case. In 2004 Sharon Overley became the new Property Manager. She came to our yard and ordered us to remove the decorative stones we bought for the garden. Sharon Overley also hadstones on her three units in the VEC. When the VEC Page 2 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
ignored Kay Kim complaints about the Property Manager she wanted to check the VEC accounts. In retaliation Sharon Overly alleged that Kay Kim is “crazy” and together with James Waters got a sheriff deputy to come and arrest Kay Kim for “trespassing” on the common property of the VEC. James Waters is familiar with the VEC byelaws and knows that Kay Kim has not committed any offence but yet he got the Police to arrest her so that she cannot check the accounts. Kay Kim was sent to the psychiatric hospital for observations. The arresting officer told me that the charges will be dropped if the results from the doctor is negative. The doctor’s report did not show that Kay Kim is insane or violent. Both Sharon Overley and James Waters went to the Judge (outside court sessions) and alleged that Kay Kim is crazy. As a result this case is still in court even though the statue of limitation for the case has expired. In 2005 Sharon Overley was fired for the misappropriation and mismanagement of VEC funds. She refused to turn over the accounts and books to the new treasurer and the VEC threatened to report the case to the Police. In 2008 James Waters moved into one of Sharon Overley’s unit and is still living there. 7
In 2006 Kay Kim was prevented to do her court filings in the City County Building. There was no disorderly conduct but she was arrested for “trespassing” in a public property. This shows repeated Sheriff Deputy’s intimidation and harassment. This case is still in court even though the statue of limitation for the case has expired.
8
In 2007 my neighbors Linda L and Patricia L called James Waters when Kay Kim was walking to the trash can with a knife in her hands. James Waters then instructed an IMPD Police Officer and a wagon to arrest Kay Kim while she was in her common property. She was again sent to the psychiatric hospital and given a blood and urine test for drug abuse. The tests were administered against her wishes but were negative. This is the Page 3 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
thirdtime Kay Kim was arrested on her property without any probable cause. James Waters used IMPD to intimidate and harass her. This case is still in court even though the statue of limitation for the case has expired. 9
In 2005 Kay Kim was ordered to be evaluated by Dr. Parker the Head of the psychiatric Department in IUPUI. The Honorable Judge sent her for a second evaluation when the initial report did not fit her intent. The Indiana Supreme Court then appointed a special judge from Hamilton County to trial all three cases. Till today the cases has yet to be disposed. Ironically the Special Judge ordered Kay Kim to go for a third evaluation with the same Doctor last month.
10 Kay Kim suffered untold humiliations and even after three false arrests shedid not file
any law suit against anyone. Kay Kim has no choice but to suffer in silence because she felt she has been singled out because of her race. She is physically handicapped. I feel that if left alone to defend herself she will be let down by this court just like her first lawsuit. How come she is the only one in the VEC to get arrested (four times) on her own property in the entire history of the VEC? 11 In 2008, Linda L and Patricia L have called the Police more than 20 times to try to get
Kay Kim arrested without success. They also called animal control to file false complaints against my dogs. The Police made an anonymous complaint to the health department claiming that “foul smell” was comingfrom my house. How come the Police got involved in such domestic problems? At about 11 a.m. on October 12, 2008 James Waters convened a meeting attended by Linda L, Patricia L, Charles Ritter, Mae Vera and others at the City County Building. The purpose of the meeting was to discuss ways to get rid of Kay Kim. At about 10 a.m. on November 6, 2008 Linda L held a meeting
Page 4 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
attended by Charles Ritter, Patricia L and Rhonda Heath to orchestrate a plan to set up Kay Kim. 12 At about noon Rhonda Heath buzzed several times the door bell for Kay Kim. She did
not answer when Kay Kim asked through the intercom: “who is it?” When Kay Kim came to the main door she realized that there was a stranger at the door. She opened the door and asked the stranger why she buzzed her house? The stranger didn’t say a single word and out of no where she suddenly forced the door open and pushed herself into Kay Kim and entered the building against the wishes of Kay Kim. When the stranger was already inside the building, Linda Handlon and Patricia Ladenthin came out and started shouting at Kay Kim. Mae Vera was recording the entire incident from the second floor. Charles Ritter was watching beside Mae Vera all the time. 13 About one hour later IMPD Wilkes arrived at the building. Kay Kim was at the car park
and was she saw Charles Ritter talking to Wilkes. Wilkes then followed Kay Kim into her house and asked if she called the Police. He also asked if she is on any medications. Kay Kim told him to leave her house unless he has a warrant. He replied that he does need a warrant to come into the apartment. At that instant Linda Handlon opened her door and in unison with Patricia Ladenthin and Rhonda Heath and shouted: “she hit Rhonda”. At that instant Wilkes lifted Kay Kim in the air and threw her on the floor. He then put his knee on her back and handcuffed her. Wilkes used of excessive force on Kay Kim who is handicap with a petite body is totally uncalled for. No other police had to use force on Kay Kim on all previous arrests. If Rhonda had been hit by Kay Kim why was there a delay to call the police? If Charles Ritter was really sincere and not involved why didn’t he call the police at the time the pushing was going on? Why did he call James Waters? Who dispatched Wilkes and the Sheriff Wagon? Wilkes came to the building with the Page 5 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
sole intention to arrest Kay Kim even though he did not have a probable cause or warrant at that time. Why didn’t he arrest Rhonda Heath when she admitted on the probable causeaffidavit that she had criminally forced trespassing into a private property? Why didn’t he take any evidence such as photos and DNA for alleged battery? Why didn’t he get Kay Kim’s side of the story? 14 Linda Handlon and Patricia Ladenthin were both inside their respective house at the time
the alleged altercation occurred and could not have witnessed the battery and resistance to arrest as claimed and thereby perjured under oath in the probably cause affidavits they signed. 15 During the entire existence of the VEC I believe that more than $1.5 millions had been
stolen from the VEC. A 2008 audit shows that there is only $32,000 left in the bank. We are not interested to prosecute the people who had stolen the money.The VEC spend relentless efforts to prevent anyone from exposing the loss, theft and other illegal activities. The VEC used IMPD James Waters and his connections to harass and intimidate anyone meddling. As for Kay Kim James Waters used his connections to arrest and have her checked by the emergency mental hospital. James Waters entrapped Kay Kim by using her neighbors Linda H and Patricia L and tried to make her move outof the VEC. I am with Kay and even though they do not the things they do to harm Kay directly on me I still feel her pain and suffer with her in everyway. 16 During the last 10 years Kay Kim has been constantly intimidated and non stop
harassments from the Police who acted illegally to conceal the corruptions in the VEC. I have seen Kay Kim been discriminated so many times by the neighbors, the VEC and the Police. She has suffered so much mental and physical anguish that I cannot standby and do nothing anymore. Kay is afraid of my safety if I get involved in her case. Page 6 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
17 I affirm under the penalty for perjury that the representations contained in this affidavit
are true to the best of my information and belief. Dated: June 23, 2009 ______ By Charles Chuang Phone# (317) 641-5977& Address: 4250 Village Pkwy Cir e unit 2, Indpls., IN 46254 CERTIFICATE OF SERVICE I do hereby certify that a copy of the foregoing to the counsels & defendant(s) were delivered either by first class U.S. Mail, postage prepaid or hand delivered on June 26, 2009: Nicole R. Kelsey,Assistant Corp. Counsel, Office of Corporation Counsel & Jonathan L. Mayes, Chief Litigation Counsel, e: [email protected] 200 East Washington St., Room 1601 Indianapolis, IN 46204 T# (317) 327-4055 / F# (317) 327-3968 / E-mail: [email protected] James Edgar Attorney, J. Edgar Law Office, Prof. Corp., 1512 N. Delaware Street Indianapolis, IN 46202 Pho# (317) 472-4000 / Fax# (317) 472-0640 / em: [email protected] Village at Eagle Creek Home Association 7225 Village Parkway Drive, Indianapolis, IN 46254 Phone (317) 291-4916, E-mail - [email protected] ____________________ Kay Kim, Pro Se-Plaintiff 4250 Village Pkwy c e apt. 2 Indpls., IN 46254, Ph# 317-641-5977 e-mail: [email protected]
Page 7 of 7 FED1 Affidavit of Charles Chuang iSupp ofPlantiff’s MOT Summ&Default Judgment as Final 25JUN2009
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