Apple Swim & Fitness closure leaves members sour - KYTX CBS 19 Tyler Longview News Weather Sports

TYLER (TYLER MORNING TELEGRAPH) - Apple Swim & Fitness in Tyler appears to have been forcibly shut down, and pool members of the physical fitness club reportedly were not notified.

Apple Swim & Fitness, 5113 Timber Creek Drive, was a physical fitness club with fitness classes, as well as summer recreational and educational swim programs.

Jennifer Sims said Monday her husband took their children out for a swim and saw a notice to vacate sign posted on the door. She said it had been two or three weeks since they last went there and as pool members and were not notified that it was shutting down.

Overgrown weeds and the pool's green waters indicate maintenance has not occurred at the facility in some time.

A "Notice and Demand to Vacate" letter, dated Aug. 3 and addressed to Dawson Lee LLC, with attention to manager Tara McSwain, was posted on the facility's front door.

"This is a formal notice and demand that you and all your agents, employees and representatives vacate the property within three days of the date of this notice," it states.

If failure to vacate within three days, Zions First National Bank intends to institute a forcible detainer, commonly known as an eviction, and take legal steps to have all persons removed from the property, the notice reads.

By foreclosure sale deed dated July 3 and filed on record in Smith County, Zions First National Bank became owner of the property, which to the best actual knowledge of the bank, has been used by Dawson Lee LLC, solely for commercial purposes, the note states.

Ms. McSwain, 38, pleaded guilty July 31 to two counts of fraudulent possession of a controlled substance for using forged prescriptions. She was arrested in June, 2011 and charged with nine counts of fraudulent possession of a controlled substance/prescription. She pleaded guilty to two of the charges and will be sentenced Sept. 4 by 7th District Judge Kerry Russell. She faces up to 10 years in prison and a $10,000 fine for the third-degree felonies.

Posted underneath the Apple Swim & Fitness sign at the property's entrance was a second notice, dated July 31, by the city of Tyler citing a violation of City Code of Ordinance, Article II, for uncultivated vegetation and/or illegal accumulations of weeds and debris. Any violations not corrected will be corrected by the city at the owner's expense. The notice states that high weeds next to the tennis courts and along the fences of properties along Avenham Court be cut.