[Article] Live left music gear and a $100K painting, at the Think Loud building. Suit filed over ownership Options

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Live left music gear and a $100K painting at the Think Loud building. Suit filed over ownership

Jack Panyard
York Daily Record
Published Aug 23 2022

In 2013, entrepreneur Bill Hynes and three members of the multi-platinum rock band Live set out to create United Fiber and Data, a telecommunications business in York, promising 200-plus jobs and more than $2 billion in tax revenue.

They emblazoned "Think Loud" on the façade of their building at 210 York St., which included a state-of-the-art recording studio, a magazine, and business operations for a data line they planned to build between New York and Washington, D.C.

The venture ultimately imploded in a profusion of lawsuits and controversy.

All that’s left of the Think Loud glory days in the building now is a slew of guitars, recording equipment, demo tapes, a drum set, plaques of the band’s gold and platinum albums, and a $100,000 painting that served as the cover art for the band’s biggest album, “Throwing Copper."

And now, even that left-behind property is the subject of a lawsuit filed to sort out who owns what.

'Wait a minute, that might not be yours'

A suit recently filed against Chad Taylor, Chad Gracey and Patrick Dahlheimer of Live, along with Bill Hynes, the entrepreneur connected to the group, is seeking a court affirmation to claim property in 210 York St. after it was sold in December of 2021.

A company called Invictus One, connected to Rocket Corporate Services Inc. in Camden, Delaware, purchased the 53,000-square-foot Think Loud building from Kinsley Construction in December of 2021 for $6 million.

Before that, Kinsley received the building and almost all property therein in a nearly $14 million settlement from the original owners of the building, 120 York LLC, run by Live members and Hynes.

The four started United Fiber & Data in 2012 together, with Hynes serving as CEO until he stepped down after a burglary charge in 2019.

What was left in the building?

120 York LLC filed for bankruptcy in 2021 after defaulting on payments for $13,186,833 in construction and property costs to Kinsley, which owned the building. The Kinsley Company had worked with 120 York LLC to purchase furniture, art and materials such as sound recording equipment and decorations for the group during construction, which were listed among the assets in the bankruptcy case.

120 York LLC abandoned the property in the spring of 2021, not removing any personal property, including dozens of guitars, recording session tapes and a drum set, according to court documents.


The bankruptcy case was dismissed Sept. 17, 2021 after Kinsley filed a deed in lieu of foreclosure to obtain the property and all assets related to construction and furnishing. Among the assets obtained were the Scottish painter Peter Howson's piece "Sisters of Mercy," which was the cover art of Live's 1994 album "Throwing Copper," valued at $100,000, and a 48-channel Duality mixing console, valued at more than $105,000.

With the sale of the building, Invictus One has received the property and all the assets obtained by Kinsley, according to a document signed by Hynes and Gracey on Oct. 26, 2021, relieving 120 York LLC of any responsibility for the property.

According to the lawsuit filed Aug. 12 of this year, Invictus One is looking for a judgment to claim all the property and assets in 210 York St. that were listed as part of the bankruptcy case and property purchase.

The lawyer representing Invictus One, Todd Bartos of Lancaster, said there have been disputes over the property claimed in the bankruptcy case, and this filing will put any disagreements to rest.

"In an excess of caution, Invictus either doesn't want to take possession of something where someone else has said, 'Wait a minute, that may not be yours,'" Bartos said. "And we don't want to, in the same breath, hand over someone's property to a third party if there's a dispute."

The lawsuit lists property that is owned by a third party that is still inside the building, including platinum and gold plaques for Live's records, dozens of amps, guitars and a drum set, as well as demo and rehearsal reels from the band. Bartos said the band members and Hynes are able to come by and claim their personal property without issue.

Hynes declined to comment on the situation, and his lawyer, Gavin Lentz, could not be reached for comment. Live guitarist Chad Taylor also declined to comment.

What does 210 York Street look like today?

Since the purchase, Invictus One is now hosting the financial technology company CampusDoor, which relocated from Carlisle to 210 York St. in January of this year. The company is renting 25,000 square feet of office space in the building.

A lawsuit between the Powder Mill Foundation and Louis Appell III was recently settled with 120 York LLC and all members therein, which initially arose when the company was setting up United Fiber and Data, which operated out of 210 York St.

The Appell family alleged the group was misusing funds that Louis Appell Jr. had loaned and invested in the company to build UFD, saying it was their "personal piggybank."

Both sides reported being satisfied with the settlement, and that the issue was settled after nearly two years of litigation.

Hynes is currently set to go to trial on 13 counts, including stalking, assault and a protection from abuse order violation. His initial trial date is set for Sept. 12.

Jack Panyard is a reporter at the York Daily Record, part of the USA TODAY Network. Contact him at jpanyard@ydr.com, 717-850-5935 or on Twitter @JackPanyard.

https://www.ydr.com/story/news/local/2022/0...ty/65404659007/

[Bremang]

not the painting!

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Guitars and fine art: New lawsuit over assets left at Think Loud building
Aimee Ambrose
York Dispatch
Published August 25 2022

Members of the rock band Live, a business partner and their family of companies are involved in yet another lawsuit in York County.

This time, the new owner of their former headquarters in downtown York wants a judge to rule on who owns a considerable number of assets — including guitars and the painting used as the cover art for Live's 1994 album "Throwing Copper" — left inside the former Think Loud building.

Invictus One LLC, the company that now owns the structure at 210 York St., filed the civil suit Aug. 12. Included in it is a long list of items separated by what the company says it owns and what others own.

Among those assets, according to the lawsuit, Invictus claims possession of: recording studio and engineering equipment, computers, monitors, amps, speakers, cables, couches and chairs, several pieces of bedroom furniture from the third floor, an eagle statue and artist Peter Howson’s “Sisters of Mercy” painting.

The lawsuit estimates the painting's value to be $100,000 based on previous bankruptcy filings. According to the auction house Christie's, the Scottish artist's painting was sold in 2005 for $186,000 against a price estimate between $80,000 and $120,000.

The suit notes that 120 York LLC, a company within the Think Loud umbrella, listed an estimated $230,000 in furniture, office equipment and studio equipment at the building in May 2021 as part of a bankruptcy petition.

Around the same time, Invictus said the defendants — Live members Chad Taylor, Patrick Dahlheimer and Chad Gracey, business partner William Hynes and several of their companies — abandoned the building and left their assets behind.

Listed as “owned by third party,” those items include music, recordings, reels, tapes, numerous guitars and instruments, music gear, records, memorabilia, awards, whiskey and wine bottles, a Marco Andretti helmet, a Kiss pinball machine and plaques of Live albums that went gold and platinum.

Attorneys for Invictus One and Hynes didn’t return messages seeking comment Wednesday.

Kinsley Construction Inc. refurbished the four-story structure, which formerly housed the Bi-Comp printing company, in 2013 to serve as the headquarters for the Think Loud companies, including United Fiber & Data, which launched to install fiber optic infrastructure for running high-speed internet. Recording studio space was also designed into the building.

The members of Live stepped down as managers a few years later. Hynes rose to CEO of UFD while also managing the other companies like 120 York.

Hynes, 50, was then charged in November 2019 with multiple criminal counts, including burglary, trespassing, theft, forgery and tampering with public records.

The case involved a former girlfriend who worked at UFD.

He’s scheduled to go to trial beginning Sept. 12 in that case.

Meanwhile, Hynes resigned as CEO shortly after he was charged.

A war of civil suits started around October 2020. Louis Appell III, the son of one of UFD’s key backers, alleged corporate mismanagement, saying Hynes used the business as a “piggy bank.”

Hynes filed a suit of his own with allegations that Appell extorted stakeholders and deadlocked company board decisions.

Kinsley also got involved in 2020. Civil action was taken against 120 York, demanding payment of the outstanding balance and interest from a construction loan dating back to 2013. The company won a nearly $14 million judgment out of that.

120 York went into bankruptcy in April 2021 and emerged that September after abandoning the building.

Kinsley then took possession of the Think Loud building, and then sold it and assets inside to Invictus a couple of months later for $6 million.

Hynes signed over assets, such as furniture and studio gear, as part of negotiations with Invictus, according to the latest lawsuit over the assets. That reportedly included a deal for Invictus to purchase the building from Kinsley and to clear 120 York, Hynes, Gracey, Dahlheimer and Taylor of the loan debt to Kinsley.

With the former Think Loud building in hand, Invictus began leasing space there to Campus Door to serve as its new headquarters. The Carlisle-based company serves as a third-party organization that processes loans for banks and credit unions.

— Reach Aimee Ambrose at aambrose@yorkdispatch.com or on Twitter at @aimee_TYD.

https://www.yorkdispatch.com/story/news/202...ing/7889622001/