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Gym owner's personal items for sale

October 21, 1997

By DON AINES

Staff Writer, Martinsburg

MARTINSBURG, W.Va. - Personal property of the owners of Rando's Fitness Center is scheduled to be auctioned off Thursday to satisfy a $40,000 judgment in Washington County Circuit Court.

"We're trying to collect from them individually" rather than from Rando Enterprises, said Michael D. Nord, an attorney with the Baltimore law firm of Gebhardt and Smith. The firm represents North Village Development Co. Inc. of Hagerstown, which sued Randall J. and Sonja G. Coyle of Martinsburg.

North Village Development owns the North Village Shopping Center, where the Rando's Fitness Center in Hagerstown had been located before moving to a larger facility on Maugans Avenue.

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The company received a judgment in its favor earlier this year in Washington County Circuit Court for $34,480.25, plus $5,800 in court costs, according to records in Berkeley County Circuit Court.

North Village obtained a court order for the sheriff's sale, which is scheduled for 2 p.m. Thursday at the sheriff's office. A list of the items up for auction includes a 1990 Mercedes-Benz, a pool table, big-screen television, Oriental rugs, art works and other personal property.

According to the sheriff's office, a sale can be stopped if a debt is paid or settled, or delayed if a party files for bankruptcy.

A call to Christopher K. Robertson, an attorney for Rando Enterprises, had not been returned as of late Tuesday.

Nord said the North Village action is not related to the public sales of two properties owned by Rando Enterprises and the Coyles that are scheduled to take place at 11 a.m. Tuesday in front of the Berkeley County Courthouse.

The trustee's sales involve properties on Circle Drive in Martinsburg owned by Rando Enterprises and approximately 10 acres on Paynes Ford Road owned by the Coyles, according to deeds in the courthouse. Eleanor A. Pritts of Martinsburg said Monday she is the lienholder on the properties.

On Monday, a hearing was scheduled on the suit that closed the Rando's Fitness Center at the former Nichols department store on North Queen Street in Martinsburg. The hearing was to be on a request by GBR North Queen Street Limited Partnership to remove the personal property from the building. Richard McCune, the attorney for GBR, requested a continuance on the hearing and no new date has been set.

The Delaware company had entered into a lease agreement with Rando's on Jan. 16, according to court records. GBR alleged in the suit that Rando Enterprises defaulted on the lease and a promissory note.

The suit resulted in the closing of the 41,000-square-foot fitness center by court order on Sept. 19, just two months after the gym opened.

The Rando's Fitness Center on Maugans Avenue in Hagerstown remains open.

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