ORDERS:
AMENDED CONSENT ORDER OF DISMISSAL AND CONFESSION OF JUDGMENT
The parties, above named, have agreed that this Order is an amendment to the Consent Order of Dismissal
previously signed on November 15, 1999 by the Honorable Ralph King Anderson, III. The parties therein
agreed in part as follows:
"IT IS FURTHER ORDERED AND DECREED THAT the Department's assessment of annual registration
fees in the amount of four thousand four hundred eight dollars ($4,408.00) is affirmed. The parties have
agreed that the Department will accept a lien on the property known as 603 Pond Street, Rock Hill, York
County, South Carolina, in lieu of full payment, with all proper recording of such lien to be completed by
McCrowey at his cost within one hundred eight (180) days of the date of this Order. The civil penalty
assessed in AO 98-0103-UST is hereby suspended in full; provided, however, if McCrowey fails to abide by
the terms of this order, the suspension of the penalty is lifted and McCrowey shall immediately pay the entire
penalty of eleven thousand nine hundred dollars ($11,900.00)."
The parties herein agree to amend that Order and substitute instead the following language:
IT IS FURTHERED ORDERED AND DECREED THAT the Department's assessment of annual
registration fees in the amount of four thousand four hundred eight dollars ($4,408.00) is affirmed. The
parties have agreed that the Petitioner will Confess a Judgment, as evidenced by his signature below, on the
property known as 603 Pond Street, Rock Hill, York County, South Carolina, in favor of the Respondent, in
the sum of four thousand four hundred and eight dollars ($4,408.00). The Petitioner also acknowledges that
the sum confessed above is accurate and that he is willing to confess judgment for said amount. Further,
Petitioner acknowledges that he has read and understands this Confession of Judgment; that he knows the
contents hereof to be true; the he has executed and delivered this Confession of Judgment as his own free act
with the intention and purpose of being legally bound hereby.
The parties further agree that in lieu of full payment, that the Petitioner will satisfy this debt by Respondent,
The Department of Health and Environmental Control, accepting a judgment lien on the aforementioned
property, with all proper recording of such judgment lien to be completed by Petitioner McCrowey, at his
cost and within thirty (30) days of the date of this Order and Confession of Judgment.
The parties further agree that this Order and Confession of Judgment shall be satisfied upon the occurrence
of one of the following: 1.) at Petitioner's demise; 2.) when the afore-mentioned property is sold, regardless
of sale price; or 3.) ten years from the date of this judgment and decree, whichever occurs first.
The parties further agree that the civil penalty of eleven thousand nine hundred dollars ($11,900.00),
assessed in Administrative Order 98-0103-UST, is hereby suspended in full; provided, however, if Petitioner
McCrowey fails to abide by the terms of this Order, the suspension of the penalty will be lifted and Petitioner
McCrowey shall immediately pay the entire penalty of eleven thousand nine hundred dollars ($11,900.00).
Petitioner further authorizes the entry of this Confession of Judgment against the undersigned in the Office
of the Clerk of Court for York County, South Carolina, in any other County in such state, in accordance with
Title 15, Section 15-35-310, et seq., Code of Laws of South Carolina, 1976, as amended, and in any other
state in accordance with applicable law.
Petitioner hereby represents, warrants and acknowledges that this Confession of Judgment shall be binding
in all respects against his heirs, successors and assigned, from the date hereof, without regard to any time that
may elapse between the date hereof and the date of filing of this Confession of Judgment.
The parties further agree that this agreement shall supersede the parties previous agreement, as stated above,
in the above-captioned case.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above amended
agreement of the parties shall supersede all previous agreements recited above and that this Order and
Confession of Judgment will amend the previous Order signed on November 15, 1999.
AND IT IS SO ORDERED.
_____________________________________________
Ralph King Anderson, III
Administrative Law Judge
I SO MOVE:
___________________________________
Attorney for the Petitioner
I CONSENT:
___________________________________
Attorney for the South Carolina Department
of Health and Environmental Control
Staff Counsel for the Respondent
March 29, 2001
Columbia, South Carolina
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