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Lien placed on Core Fitness in Concord

A lien has been placed on the property and equipment of a Concord gym after a Massachusetts couple filed a petition against the owner for failing to pay money she owed them.

The $95,000 lien was placed last month on the property and the equipment inside Core Fitness, located off Hall Street. Michele Foy opened Gold’s Gym on Home Avenue in 2006. She said she left the franchise and changed the name to Core Fitness more than a year ago.

Foy said Maria and Billie Luker, who filed a court petition against her and placed a lien on the property, were investors in the gym when it opened.

“This is an old issue, old laundry that’s just resurfacing,” Foy said.

According to the petition filed in December in Merrimack County Superior Court, Foy and Maria Luker signed a promissory note in 2008. Under that contract, Foy agreed to pay Luker $89,117, with 8 percent interest.

Foy paid the required $594 each month for the first year, the petition states,
and payments should have increased to more than $2,000 per month after the first year. Foy continued to pay only $594 each month, the petition alleges, and Foy informed Luker last October she would stop making
payments.

The petition was filed against Foy, A.M. Home Avenue Fitness LLC and P.M. Home Avenue Realty LLC. The petition also names Gary Needham as a defendant, alleging that he was a member of the P.M. Home Avenue Realty LLC and received some of its assets when the corporation was dissolved in 2009.

Though state filings show that P.M. Home Avenue Realty was dissolved in 2009, it is still listed as the owner of the property in the city’s tax database.

The lien would allow the Lukers to collect the money from the sale of the property and the gym’s assets if the matter is not resolved. Maria and Billie Luker did not return a message left this week, and their attorney declined to comment.

Foy is representing herself in court, as well as the corporations and Needham.

She objected to the petition to attach a lien in a January court filing.

“Even though a promissory note was signed . . . terms were changed and a new verbal contract was agreed upon that payments would not change,” she wrote in her objection.

Foy said this week that the issue is in mediation, though no mediation sessions have been held, according to court records. The first session is scheduled for June 18.

Foy owes the city $43,208 in taxes for the gym’s
property at 2 Home Ave., said Michael Jache, the city’s tax collector. Jache said the city will place liens on properties with unpaid taxes at the end of next week.

The city has placed
liens on the property for four of the past five years, for amounts ranging from $8,000 to more than $31,000, according to the county’s registry of deeds.

Jache said the taxes were eventually paid each year and the liens were removed.

Foy said she has not paid taxes this year because her property value increased and “the taxes are being amended.”

To change property assessments for the 2012 tax year, property owners had to file tax abatements with the city by March 1. Foy did not apply for a tax abatement this year, according to the city’s records.

(Laura McCrystal can be reached at 369-3312 or
lmccrystal@cmonitor.com or on Twitter @lmccrystal.)

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