By JOSEPH KELLARD
Unknown to Imberman and other Hollywood members was that the gym, located at 2995 on Long Beach Rd. in Oceanside (adjacent to Blockbuster Video), was in the hands of the police.
"The fitness center property was seized because of non-payments by the owner," said Lt. Jim Hackett of the Nassau County Sheriffs Department.
In August, the Sheriffs Department warned Hollywood's owner, John Maglio, that if back payments on the gym -- the property of which is owned by Pergament Home Centers -- were not made within 72 hours, it would be seized and repossessed.
"I immediately contacted Pergaments to set up a meeting to have my rent money taken out of my account automatically," Maglio said. According to him, the two parties set up a meeting to re-negotiate his payment method on Monday, Sept. 23. In the interim, Maglio said he took his girlfriend to Aruba on Sept. 16 and planned to return on Sunday, Sept. 22, the day before the meeting.
"When I left, my manager said, 'John, don't worry about anything. Everything is under control.' When I called her Thursday, Sept. 19, to confirm the meeting, she was hysterical crying. She didn't know what was going on. The sheriffs department was there and basically told everybody to get out," Maglio said.
Maglio, a Queens native who now lives in Oceanside, said that his financial burdens with the gym began when he bought Hollywood in Nov. 2000. While under his ownership the gym's membership went from under 1,000 to 3,200, he said, but beginning in 2001 he was hit with lawsuits that "overwhelmed" him and that made him unable to catch up financially. Prior to police seizing his gym, Maglio had fallen two months behind on his rent.
In at least one of the four law suits filed against Maglio, a judgment was made against him that allowed authorities to seize his assets, according to the Nassau County Civil Court.
Contributing to Maglio's economic and legal woes was the financial set up he had with Pergament, who he said would freeze his accounts if he were a day late with his rent, which caused some of his checks to bounce.
"We're sorry what happened, but we are just as angry as the rest of the people, because our property has been taken from us," said Al Neuman, the director of real estate for Pergament Properties. "And I realize everybody is hurting as far as the owner reneged on his financial obligations. These people were customers of ours when Pergament was in Oceanside." Pergament declined to talk further about the case.
Among the Hollywood members considering legal action against Maglio is Imberman, who last March contracted for a one-year membership for $400 with Hollywood; thus he believes he is owed $200. Hollywood offered members the option of monthly payments, which Maglio said is how 85 percent of them paid him.
A form letter printed on the back of Imberman's contract with Hollywood reads: "New York State law requires certain health clubs to post a bond or other financial security to protect members in the event the club closes. This club is exempt from this requirement since it gives members the option of paying on an installment basis, therefore it need not post a bond or other form of financial security. In deciding whether to make your payments on an installment basis, you should be aware that if the club closes, although the club will remain legally liable for a refund, you may risk losing your money if the club is unable to meet its financial obligations to members."
Imberman, a Long Beach resident, formerly exercised at the Long Beach Rehabilitation Center which when it closed in 1999 arranged to have Hollywood honor its clients' memberships. But Hollywood made no such arrangements for its members, according to Imberman, who lost $200 and must now pay to join another gym.
"For the people who were charged for quarterlies or paid in full for the year, when things get better for me financially I would be more than happy to reimburse them," said Maglio, who invites Hollywood members to e-mail him at Johnfitness@aol.com. "The members were the most important thing to me. They were my business."
Meanwhile, a former aerobics instructor at his gym, Lauren Seamon, who filed a civil lawsuit against Maglio for failing to pay her over $1,700 in salary, had her lawyer send him two subpoena that he never answered. The attorney then issued a motion to punish, for which he was supposed to come to court on Aug. 13, but he never showed up.
Maglio said that he arranged a couple of meetings with Seamon at his gym but that she never showed up, that he owes her $800 only, and that he never received any of her subpoenas.
"The judge approves what is called a final order. That gives [Maglio] one more chance to answer the subpoena and if he does not answer with the final order, then the attorney will issue a warrant of arrest whereby the sheriff will pick him up and bring him to court," said an employee of the Civil Court.
On Monday morning, the Sheriff's department repossessed the equipment at Hollywood.
