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An Allen County judge has ordered a family-owned lumber yard and its sister company to pay more than $400,000 to Ambassador Supply LLC, a Fort Wayne-based building industry investment and management company, after the defendants failed to respond to a breach of contract complaint.
Allen Commercial Court Judge Craig Bobay filed an order for default judgment on Monday, citing the defendants as failing to answer, plead or otherwise comply with the Indiana Rules of Trial Procedure.
Defendants Kaper’s Building Materials Inc., Gold Standard Truss LLC and Robert Kaper Jr. are now ordered to pay a principal amount of $412,669.83 in addition to attorney fees, interest accrued and court costs, according to Bobay’s order.
Ambassador is represented by Daniel Bobilya and Conor Slocum of Bonahoom and Bobilya, LLC. Ambassador’s attorneys did not immediately respond to The Indiana Lawyer’s request for comment Tuesday.
KBM also did not immediately respond to The Lawyer’s request for comment. In court records, there was no counsel listed for the company or Kaper.
KBM, a family-owned and operated independent lumber yard based out of DeMotte, has been conducting business on the south side of town since 1936. Their sister company, GST, has been fabricating trusses, wall panels and other building components in DeMotte since 2007.
Ambassador’s complaint filed in April argues that KBM and GST failed to make monthly installments on a loan, and it argued that Kaper, the guarantor, is “personally liable to Ambassador for all amounts that KBM and GST owe to Ambassador” under the contract.
According to a promissory note filed as evidence, KBM and GST agreed with Ambassador to pay a loan of $523,456.86 through one lump sum payment around March 1, 2025, and five consecutive monthly installments beginning on April 1, 2025.
According to the complaint, KBM and GST failed to make payments when due.
The case is Ambassador Supply, LLC v. Kapers Building Materials Inc., Gold Standard Truss, LLC, and Robert S. Kaper, Jr. 02D02-2505-CE-000015.
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