Story of band's implosion described as commonplace in music industry

The internal strife ripping apart Wilkes-Barre band Breaking Benjamin is the latest incarnation of the oldest story in the music business, Bret Alexander, lead singer of The Badlees and the band's longtime friend, said Tuesday.

"Bands break up," Alexander said from his recording studio. "It's really hard to keep your head on straight and make it work. It's like a marriage."

The feud pits lead singer Benjamin Burnley against guitarist Aaron Fincke and bassist Mark Klepaski over a new recording of the band's hit song "Blow Me Away." Burnley fired his two bandmates in May via email, alleging in court documents that Fincke and Klepaski made unilateral and unauthorized decisions on behalf of the band.

Communication between the three longtime friends could turn volatile where the band was concerned, said Alexander, who befriended Burnley, Klepaski and Fincke more than a decade ago. He said it's all too common for band members to start out as best friends and end up at each other's throats, he said.

"It's always sad. Unfortunately, this is a pretty familiar tale," Alexander said. "(It) starts out a bunch of guys playing in a garage, then all of a sudden there's money and people who have expectations ... sometimes your longtime buddies aren't your buddies anymore."

Breaking Benjamin - then Burnley, former drummer Jeremy Hummel and bassist John Price - recorded their initial self-titled LP at Alexander's local recording studio, Saturation Acres. Some of those recordings will appear on the forthcoming compilation, "Shallow Bay: The Best of Breaking Benjamin."

"I can't tell you, in the wake of recording their early stuff, how many bands I recorded that wanted to be Breaking Benjamin," he said.

For Joe Nardone Jr., co-owner of Gallery of Sound, the thousands of Breaking Benjamin albums sold over the past decade evidence their popularity in Northeastern Pennsylvania.

"Obviously they were the biggest band to ever come out of this area," Nardone said. "No one's ever been close to that, really."

Nardone noticed Breaking Benjamin found pockets of the country where they garnered more acclaim, especially areas that cultivated fervent rock fans. The group hit the road with some of the other biggest rock acts of the 2000s, such as Godsmack and Three Days Grace.

"It was just rock and roll, rock and roll; they appealed to that crowd," he said.

Fan Danielle Struble of Wallingford, Conn., said she was "shocked and devastated" when she first heard about the band's troubles.

"We were all under the impression that Ben was taking time to recover and then they would be back and making more incredible music," Struble said in an interview via Facebook, referring to Ben's admitted troubles with fatigue disorder and neurological damage due to years of alcohol abuse.

The 19-year-old asserts she will remain a fan through whatever tough times the band encounters, much like their music has been their during her travails.

Breaking Benjamin's music also resonated with longtime fan Stephanie Wenzel, of Clearwater, Fla., as she dealt with a friend's death last year.

"This band has gotten me through some hard times ... the 'Dear Agony' album was on constant repeat in my car (when my friend died)," the 26-year-old said via Facebook.

WKRZ-FM deejay "Jumpin'" Jeff Walker said he had heard rumors of the band's demise for more than a year and wasn't surprised to learn of the legal battle. Unfortunately, he said, the group's break-up would herald the end of Wilkes-Barre's biggest claims to fame.

"I think the thing that everybody will miss is having a national act that's right from our own backyard," Walker said.

KRZ deejay Amanda focused on the bright side for despondent fans: since Fincke, Klepaski and drummer Chad Szegila still perform locally with other acts, they'll still be part of the local music scene.

In recent months, Fincke has taken the stage with The Badlees for several local shows, Alexander said.

"They're all good people. I count them all as friends, current members and former members," Alexander said. "I wish them the best."

kgaydos@citizensvoice.com, 570-821-2118

msisak@citizensvoice.com, 570-821-2061

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Judge moves Breaking Benjamin dispute to arbitrator

he legal-battle tearing apart Breaking Benjamin will continue behind the closed doors of an arbitrator's office, out of the view of the rabid public that helped propel the alt-rock band to worldwide fame, a series of top-20 hits and three platinum-selling albums.

The Wilkes-Barre-based band, idled by namesake lead singer Benjamin Burnley's chronic illness, appeared on the verge of collapse Tuesday as court filings obtained by The Citizens' Voice revealed a bitter struggle between Burnley and two longtime bandmates over a new recording of the hit song "Blow Me Away."

The bandmates, Aaron Fincke and Mark Klepaski, pushed to air the dispute in open court, but a Luzerne County judge last Friday redirected the case to arbitration, cloaking any prospective resolution in a veil of secrecy. No arbitration sessions have been scheduled.

Burnley accused Fincke and Klepaski in June of making unauthorized and unilateral decisions on behalf of the band, including giving their record company permission to produce the a remastered and remixed version of "Blow Me Away" in exchange for a $100,000 payment.

The song, featuring new vocals from Sydnee Duran of the band Valora, is scheduled to appear on "Shallow Bay: The Best of Breaking Benjamin," a compilation of the band's greatest hits and rare recordings due Aug. 16.

Burnley, described in court papers as dedicating himself to the "musical integrity and quality" of the band's recordings, has not taken action to stop the release of the greatest hits album, his attorney said Tuesday.

In a statement, Hollywood Records said it produced the greatest hits album "with the awareness of all of the members of Breaking Benjamin."

"We're extremely excited about this collection, which is a fan's dream," Hollywood Records spokeswoman Heather Davis said. "Ben is a tremendous talent whose songs truly stand the test of time."

Attorneys for Fincke and Klepaski - known professionally as Mark James and Aaron Fink - responded to the allegations in a July court filing, saying they "dispute and strictly deny" Burnley's version of events.

Burnley's attorneys filed a "Demand for Arbitration" in June in which they stated five claims against Fincke and Klepaski, including breach of agreement and breach of fiduciary duties of loyalty and good faith.

According to the filing, Burnley is seeking damages of at least $750,000 - compensatory damages in an amount no less than $250,000, punitive damages in an amount no less than $250,000, and no less than $250,000 for damage to his artistic reputation, plus interest on all payments, as well as legal fees.

Burnley is also seeking an order declaring that Fincke and Klepaski were not authorized to approve the release of "Blow Me Away" or rarities recordings; Fincke and Klepaski, who Burnley fired via e-mail in May, were properly dismissed for "cause;" Fincke and Klepaski are "departing members" of the band; and Burnley is the exclusive owner of the Breaking Benjamin name.

Fincke and Klepaski fought the demand for arbitration, saying a partnership agreement and arbitration provision signed by the band members in January 2009 expired in June 2010 when Burnley said he could not longer tour.

The agreement, the attorneys for Fincke and Klepaski said, was invalid after Burnley told his bandmates in June 2010 that he was ill and could no longer perform live concerts. Around the same time, the attorneys said, Burnley refused to perform at a concert in Vancouver, B.C. and has appeared on stage only twice since.

Judge William H. Amesbury rejected that argument last Friday, ruling arbitration, through the American Arbitration Association, could proceed.

"The court declined to accept their version of the facts," Burnley's attorney, Brian D. Caplan said Tuesday. "The court rejected their contentions."

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Associated Press- Breaking Benjamin

ALLENTOWN, Pennsylvania (AP) — Breaking Benjamin is evidently broken, at least for now.

The platinum-selling rock band from Pennsylvania is mired in a legal dispute over what its founder and lead singer, Benjamin Burnley, called an unauthorized remix of one of the band's hit songs, "Blow Me Away."

Burnley said in court documents that he fired guitarist Aaron Fincke and bassist Mark Klepaski via email after learning his bandmates had struck an agreement with Hollywood Records to issue the remix and an album of rarities and outtakes.

Burnley is seeking at least $250,000 in damages and the exclusive right to the Breaking Benjamin name. Fincke and Klepaski denied Burnley's claims, according to court documents filed in Luzerne County Court of Common Pleas. A judge has ordered arbitration.

The singer's attorney, Brian Caplan, told The Associated Press on Tuesday that Burnley intends to hire new bandmates and keep performing as Breaking Benjamin. The band has been on an extended hiatus due to Burnley's health problems.

"The relationship between Mr. Burnley and the two other members of the band has ended," Caplan said. "Mr. Burnley intends on moving forward using the name Breaking Benjamin and the band will continue. It just won't continue in its prior configuration. He's not retiring."

A phone message left for an attorney for Fincke and Klepaski was not returned. The band's management declined to comment.

The legal dispute was first reported by The Citizens' Voice of Wilkes-Barre.

Hollywood Records is set to release "Shallow Bay: The Best of Breaking Benjamin" on Aug. 16, an album that Caplan said was put together without Burnley's consent. He declined to comment when asked whether Burnley will try to stop the release.

The record label said in a statement to the AP that "Shallow Bay" was compiled "with the awareness of all of the members of Breaking Benjamin."

"We're extremely excited about this collection, which is a fan's dream," the statement said. "Ben is a tremendous talent whose songs truly stand the test of time."

Burnley had no comment when reached by The Times Leader of Wilkes-Barre on Tuesday.

Breaking Benjamin has released four full-length albums and an EP since its major-label debut in 2002, the most recent of which was 2009's "Dear Agony."

Shallow Bay: The Best of Breaking Benjamin/Hiatus (2010–present)

In the summer of 2010, the band went on an indefinite hiatus due to Burnley's recurring illnesses. Guitarist, Fink and bassist, Klepaski rejoined their previous band Lifer and Szeliga started touring with his side project band OurAfter.

On June 7, 2011, a remixed version of "Blow Me Away" featuring Valora was released.^[18] On June 30, 2011, Rock Access posted the tracklist for the greatest hits album, to be called Shallow Bay: The Best of Breaking Benjamin, along with the tracklist for the standard and deluxe editions.^[19] It was released on August 16, 2011 and was made available as a standard edition single disc and a deluxe edition two disc set featuring b-sides and rarities. The standard edition included the remix of "Blow Me Away".^[20]

On August 2, 2011, an article was released regarding a dispute over the new version of "Blow Me Away". The dispute erupted during the time in May when Burnley fired bandmates Fink and Klepaski. Burnley detailed his side of the dispute in a June court filing, saying Fink and Klepaski made unilateral and unauthorized decisions on behalf of the band, including giving permission in May for the new recording and remix of "Blow Me Away" without his consent.^[21] Burnley seeks at least $250,000 and the exclusive right to the "Breaking Benjamin" name.^[22][23] Billboard reports that Burnley plans on continuing the band's work as soon as his lawsuit is over.^[24]

An official animated music video for the single "Blow Me Away" was released August 24, 2011.^[25]

Breaking Benjamin Vocalist Fires Two Bandmates

ccording to The Citizens' Voice of Wilkes-Barre, Breaking Benjamin frontman Benjamin Burnley has fired guitarist Aaron Fincke and bassist Mark Klepaski. The firing was reportedly done via email after the singer discovered that his bandmates made a deal with Hollywood Records to issue a remix of "Blow Me Away."

The vocalist's attorney, Brian Caplan, told the Associated Press that Burnley will be hiring new bandmates and plans to continue Breaking Benjamin. Caplan stated, "The relationship between Mr. Burnley and the two other members of the band has ended. Mr. Burnley intends on moving forward using the nameBreaking Benjamin and the band will continue. It just won't continue in its prior configuration. He's not retiring."

Breaking Benjamin's latest studio album, 'Dear Agony,' came out in September 2009 via Hollywood Records.