IP HII EDVA 00483 Doc. 0197 Exhibit 4
Atlanta, GA Charleston, SC Charlotte, NC Columbia, SC Greenville, SC Raleigh, NC Spartanburg, SC Washington, DC
DISTIL analysis
- Advanced Navigation & Positioning Corporation obtained judgment of $2,926,814.39 against Cyberlux Corporation on August 21, 2025
- Garnishment summons issued to HII Mission Technologies Corporation targeting money owed under Subcontract No. P000043846
- HII served as garnishee on November 10, 2025, through Matthew Sheehan (attorney)
- Judgment debtor service attempted but returned as 'bad address outside of Fairfax County' on November 10, 2025
- Final Order entered March 19, 2026, discharging HII after depositing disputed funds in separate interpleader action
- All parties (judgment creditor, garnishee, and judgment debtor) consented to final dismissal with prejudice as to HII
Extracted text
8 pages · 21952 characterstabbies* A-3
P Parker Poe
Joel D. Schwartz t: 202.854.2811 f: 202.217.2771 joelschwartz@parkerpoe.com
Atlanta, GA Charleston, SC Charlotte, NC Columbia, SC Greenville, SC Raleigh, NC Spartanburg, SC Washington, DC
October 7, 2025
FILED CIVIL MAIL
By Overnight Mail
Civil Clerk -- New Filings Fairfax County Circuit Court 4110 Chain Bridge Road Fairfax, VA 22030
OCT 08 2025 CHRISTOPHER J. FALCON CLERK OF THE CIRCUIT COURT OF FAIRFAX, VA
Re: Filings for Advanced Navigation & Positioning Corporation; Fairfax County Judgment # 673478 (September 15, 2025)
Dear Clerk:
Please find enclosed for filing the following, on behalf of my client, Advanced Navigation and Positioning Corporation:
· Civil Cover Sheet · Suggestion of Summons for Garnishment (original and six copies)
· Garnishment Summons (original and six copies & check for $71.50)
· Notice to Judgment Debtor (original and six copies and a debtor envelope)
Kindly return a stamped copy of each in the enclosed self-addressed, stamped envelope. Should you have any questions, please don't hesitate to call me at 202-854-2811.
Thank you.
Sincerely, I
Joel D. Schwartz VA Bar # 97979 Counsel for Advanced Navigation
Enclosure
SUGGESTION FOR SUMMONS IN GARNISHMENT VA. CODE § 8.01-511 In the Circuit Court of the [ ] City [X] County of :selected: JUDGMENT CREDITOR: Advanced Navigation & Positioning Corporation
Case No.
FAIRFAX
JUDGMENT DEBTOR:
FILED
V.
Cyberlux Corporation
c/o CT Corporation
Raleigh, NC 27615
CHRISTOPHER J. FALCON
CLERK OF THE CIRCUIT
COURT OF FAIRFAX; VA
OCT 0 8 2025
Telephone No.
JUDGMENT CREDITOR'S ATTORNEY
Joel D. Schwartz (Virginia Bar No. 97979)
Parker Poe Adams & Bernstein LLP
Telephone No.
Suggested Garnishee: HII Mission Technologies Corporation 8350 Broad Street McLean, VA 22102
STATEMENT
$
2,926,814.39
Judgment Principal
Credits
Interest Judgment Costs
Attorney's fee
Garnishment Costs
$ 2,926,814.39
Total Balance Due
The garnishee shall rely on this amount.
I request the Clerk to summon the Suggested Garnishee to answer this suggestion.
This is a garnishment against [ ] the judgment debtor's wages, salary or other compensation. :selected: some other debt due or property, of the judgment debtor, specifically, money owed by HII to Cyberlux Corp. pursuant to Subcontract No. P000043846 & modified I have reason to believe that there is a liability on the suggested garnishee because of the execution of the "ORIGINAL JUDGMENT" described above. I certify that:
[ ] (1) The summons is based upon a judgment upon which a prior summons has been issued but not fully satisfied; or :selected:
[X] (2) No summons has been issued upon this judgment creditor's suggestion against the same judgment debtor within a period of eighteen months, other than a summons which was based upon a judgment upon which a prior summons has been issued but not fully satisfied; or
[ ] (3) The summons is based upon a judgment granted against a debtor upon a debt due or made for necessary food, rent, or shelter, public utilities including telephone service, drugs, or medical care supplied the debtor by the judgment creditor or to one of his lawful dependents, and that it was not for luxuries or nonessentials; or
[ ] (4) The summons is based upon a judgment for a debt due the judgment creditor to refinance a lawful loan made by an authorized lending institution; or
[ ] (5) The summons is based upon a judgment on an obligation incurred as an endorser or comaker upon a lawful note; or
[ ] (6) The summons is based upon a judgment for a debt or debts reaffirmed after bankruptcy.
[ ] I have made a diligent good faith effort to secure the social security number of the judgment debtor and have been unable to do so.
I hereby certify that the last known address of the defendant is as shown above.
September 12, 2025
DATE SUBMITTED
[ ] JUDGMENT CREDITOR
[ ] AGENT :selected: ATTORNEY
WARNING: Any judgment creditor who knowingly gives false information in a suggestion for Summons in Garnishment shall be guilty of a Class 1 misdemeanor.
Social Security No. If garnishee is defendant's employer, please furnish employer's name, and state whether it is a corporation, or one or more persons trading under a fictitious or trade name.
ORIGINAL JUDGMENT
DATE OF JUDGMENT August 21, 2025
DATE EXECUTION DELIVERED
Instrument No.
25-010546
JUDGMENT DOCKETED IN THIS COURT
Date Docketed
Sept. 15,2025
Book/Page/Instrument No.
MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT [ ] Support (if not specified, then 50%) [ ]50% [ ] 55% [ ] 60% [ ] 65% [ ] State Taxes, 100%
If none of the above are checked, then § 34-29(a) applies.
The following statement is not the law but is an interpretation of the law which is intended to assist those who must respond to this garnishment. You many rely on this only for general guidance because the law itself is the final word. (Read the law, § 34-29 of the Code of Virginia, for a full explanation. A copy of § 34-29 is available at the Clerk's office. If you do not understand the law, call a lawyer for help.)
An employer may take as much as 25 percent of an employee's disposable earnings to satisfy this garnishment But if any employee makes the minimum wage or less for his week's earnings, the employee will ordinarily get to keep 40 times the minimum hourly wage.
But an employer may withhold a different amount of money from that above if:
"Disposable earnings" means the money an employee makes "after taxes" and after other amounts required by law to be withheld are satisfied. Earnings can be salary, hourly wages, commissions, bonuses, payments to an independent contractor, or otherwise, whether paid directly to the employee or not.
If an employee tries to transfer, assign or in any way give his earnings to another person to avoid the garnishment, it will not be legal; earnings are still earnings.
Financial institutions that receive an employee's paycheck by direct deposit do not have to determine what part of a person's earnings can be garnished.
RECEIVED
DATE AND TIME
SHERIFF
NOTE:
Return of Writ of Fieri Facias to be used if no effects found - otherwise, use appropriate sections of CC-1477, WRIT OF FIERI FACIAS.
[ ] NO EFFECTS FOUND
DATE
SHERIFF
DEPUTY SHERIFF
JUDGMENT DEBTOR Cyberlux Corporation
ADDRESS c/o CT Corporation, 160 Mine Lake Court, Suite 200, Raleigh, NC 27615
[ ] PERSONAL SERVICE
[ ] Being unable to make personal service, a copy was delivered in the following manner:
[ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.)
[ ] Served on Secretary of the Commonwealth.
[ ] Not found
SERVING OFFICER for
RETURNS: Each garnishee was served as indicated below, unless not found, with a copy of this summons and the exemption claim form.
GARNISHEE .HII Mission Technologies Corp,
ADDRESS 8350 Broad Street McLean, VA 22102
TELEPHONE NUMBER:
[ PERSONAL SERVICE
[ ] FEDERAL SERVICE"
SERVICE ON AN ENTITY PURSUANT TO § 8.01-513: [ ] Served on garnishment designee. List name and entity type.
[ ] Certificate filed indicating inability to serve garnishment designee and describing alternative method of service.
SERVICE ON AN INDIVIDUAL: [
] Being unable to make personal service. a copy was delivered in the following manner:
[ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.)
[ ] Served on Secretary of the Commonwealth.
[ ] Copy mailed to judgment debtor after serving the garnishee on date of service below unless a different date of mailing is shown
DATE OF MAILING
[ ] Not found
SERVING OFFICER
for
DATE
* Federal law, 5 U.S.C. § 5520a(c)(1) and 42 U S.C § 659, provides that n federal agency garnishee may be served either personally or by certified mail, return receipt requested.
GARNISHMENT SUMMONS Commonwealth of Virginia, VA. CODE §§ 8.01-511, -512.3 COUNTY OF FAIRFAX
Case No.
Elliecuit Court
CIVIL MAIL
COURT ADDRESS JUDGMENT DEBTOR: OCT 0 8 2025
JUDGMENT CREDITOR: Advanced Navigation & Positioning Corporation v. Cyberlux Corporation CHRISTOPHER J. FALCON.
c/o CT Corporation
CLERK OF THE CIRCUIT
COURT OF FAIRFAX. VA
Raleigh, NC 27615
Telephone No.
JUDGMENT CREDITOR'S ATTORNEY:
Joel D. Schwartz (Virginia Bar No. 97979) Parker Poe Adams & Bernstein LLP 900 7th Street, Suite 700, Washington, DC 20001
Telephone No.
:selected: January 16,2026
HEARING DATE AND TIME
This is a garnishment against (check only one)
[ ] the judgment debtor's wages, salary or other compensation. :selected: some other debt due or property of the judgment debtor, specifically, money owed by HII to Cyberlux Corp. pursuant to Subcontract No. P000043846 & modified
Soc. Sec. No.
Garnishee:
HII Mission Technologies Corporation
McLean, VA 22102
STATEMENT:
Judgment Principal: $ 2,926,814.39
Credits
Interest
Judgment Costs
Attorney's Fee
Garnishment Costs
MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT
[ ] Support
[ 1
50% [ ] 55% [ ] 60% [ ] 65% (if not specified, then 50%) [ I state taxes, 100%
8/21/2025
DATE OF JUDGMENT MAR 1 3 2026
If none of the above are checked, then § 34-29(a) (on reverse) applies.
TO ANY AUTHORIZED OFFICER: You are hereby commanded to serve this summons on the judgment debtor and the garnishee.
TO THE GARNISHEE: You are hereby commanded to (1) file a written answer with this court, or (2) deliver payment to this court, or (3) appear before this court on the return date and time shown on this summons to answer the Suggestion for Summons in Garnishment of the judgment creditor that, by reason of the lien of writ of fieri facias, there is a liability as shown in the statement upon the garnishee.
As garnishee, you shall withhold from the judgment debtor any sums of money to which the judgment debtor is or may be entitled from you during the period between the date of service of this summons on you and the date for your appearance in court, subject to the following limitations: (1) The maximum amount which may be garnished is the "TOTAL BALANCE DUE" as shown on this summons. (2) You shall not be liable to the judgment creditor for any property not specified in this garnishment summons. (3) If the sums of money being garnished are earnings of the judgment debtor, then the provision of "MAXIMUM PORTION OF DISPOSABLE EARNINGS SUBJECT TO GARNISHMENT" shall apply.
If a garnishment summons is served on an employer having one thousand or more employees, then money to which the judgment debtor is or may be entitled from his or her employer shall be considered those wages, salaries, commission or other earnings which, following service on the garnishee-employer, are determined and are payable to the judgment debtor under the garnishee-employer's normal payroll procedure with a reasonable time allowance for making a timely return by mail to this court
OCT 2 4 2025
CHRISTOPHER J. FALCON, CLERK Clerk
DATE OF ISSUANCE OF SUMMONS
OCT 2 4 2025
by Janja Chaz DEPUTY CLERK
DATE OF DELIVERY OF WRIT OF FIERI FACIAS TO SHERIFF IF DIFFERENT FROM DATE OF ISSUANCE OF THIS SUMMONS
WRIT OF FIERI FACIAS TO ANY AUTHORIZED OFFICER: You are commanded to execute this writ and to make from the intangible personal estate of the judgment debtor(s) the principal, interest, costs and attorney's fees, less credits, as shown in the Garnishment Summons. You are further commanded to make your return to the clerk's office according to law.
Homestead Exemption Waived? I
] Yes :selected: No [ I Cannot be demanded
Clerk
DATE
by
DEPUTY CLERK
TOTAL BALANCE DUE $
2,926,814.39
The garnishee shall rely on this amount.
The following statement is not the law but is an interpretation of the law which is intended to assist those who must respond to this garnishment. You many rely on this only for general guidance because the law itself is the final word. (Read the law, § 34-29 of the Code of Virginia, for a full explanation. A copy of § 34-29 is available at the Clerk's office. If you do not understand the law, call a lawyer for help.)
An employer may take as much as 25 percent of an employee's disposable earnings to satisfy this garnishment. But if any employee makes the minimum wage or less for his week's earnings, the employee will ordinarily get to keep 40 times the minimum's hourly wage,
But an employer may withhold a different amount of money from that above if:
"Disposable earnings" means the money an employee makes "after taxes" and after other amounts required by law to be withheld are satisfied. Earnings can be salary, hourly wages, commissions, bonuses, payments to an independent contractor, or otherwise, whether paid directly to the employee or not.
If an employee tries to transfer, assign or in any way give his earnings to another person to avoid the garnishment, it will not be legal; earnings are still earnings.
Financial institutions that receive an employee's paycheck by direct deposit do not have to determine what part of a person's carnings.can be garnished.
RECEIVED
DATE AND TIME
SHERIFF
NOTE:
Return of Writ of Fieri Facias to be used if no effects found - otherwise, use appropriate sections of CC-1477, WRIT OF FIBRI FACIAS.
[ ] NO EFFECTS FOUND
DATE
SHERIFF
DEPUTY SHERIFF
JUDGMENT DEBTOR Cyberlux Corporation
ADDRESS c/o CT Corporation, 160 Mine Lake Court, Suite 200, Raleigh, NC 27615
[ ] PERSONAL SERVICE
[] ] Being unable to make personal service, a copy was delivered in the following manner:
[ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address Listed above. (Other authorized recipient not found.) FAIRFAX, V3 [ ] Served on Secretary of the Commonwealthy 70
x :selected: Not found
SERVING OFFICER
11/10/25 1103 for Stacey A, Kincaid, Sheriff Fairfax County,-Virginia
Bad address outside of Fairfax County
RETURNS: Each garnishee was served as indicated below, unless not found, with a copy of this summons and the exemption claim form.
GARNISHEE .HII Mission Technologies Corp.
ADDRESS 8350 Broad Street McLean, VA 22102
TELEPHONE NUMBER:
:selected: PERSONAL SERVICE
[ ] FEDERAL SERVICE*
SERVICE ON AN ENTITY PURSUANT TO § 8.01-513:
[ ] Served on garnishment designee. List name and entity type. Matthew Sheehan Attorney
[ ] Certificate filed indicating inability to serve garnishment designee and describing alternative method of service.
SERVICE ON AN INDIVIDUAL:
[ ] Being unable to make personal service, a copy was delivered in the following manner:
[ ] Delivered to family member (not temporary sojourner or guest) age 16 or older at usual place of abode of party named above after giving information of its purport. List name, age of recipient, and relation of recipient to party named above.
[ ] Posted on front door or such other door as appears to be the main entrance of usual place of abode, address listed above. (Other authorized recipient not found.)
[ ] Served on Secretary of the Commonwealth.
:selected: Copy mailed to judgment debtor after serving the garnishee on date of service below unless a different date of mailing is shown.
11/12/2025
[ ] Not found
DATE OF MAILING Chai 877
SERVING OFFICER
11/10/25 1258 DATE
for Fairfax County, Virginia Stacey A. Kincaid, Sheriff
* Federal law, 5 U.S.C. § 5520a(c)(1) and 42 U.S.C. § 659, provides that a federal agency garnishee may be served either personally or by certified mail, return receipt requested.
COMMONWEALTH OF VIRGINIA CIRCUIT COURT OF FAIRFAX COUNTY WRIT OF FIERI FACIAS
JUDGMENT NO 673478
GARNISHMENT LAW NO CL20250016055
CASE FILE NO
TO ANY AUTHORIZED OFFICER WE COMMAND YOU THAT OUT OF THE GOODS AND CHATTELS OF *** CYBERLUX CORPORATION, ET AL ***
BE MADE THE SUM OF
AMOUNT OF 2,926,814.39 WHICH INCLUDES 2,830,050.00 FOR THE FINAL INVOICE AND INTEREST ACCRUING AT THE LEGAL RATE OF 8% ON THE PRINCIPAL AMOUNT UNTIL THE JUDGMENT IS SATISFIED WHICH IS 96,764.39 AS OF 07/15/2025; POST JUDGENT INTEREST SHALL ACCRUE AS ALLOWED BY LAW WHICH ADVANCED NAVIGATION & POSITIONING CORPORATION LATE BEFORE THE RICHMOND CITY CIRCUIT COURT RECOVERED ON 08/21/2025 AGAINST ** CYBERLUX CORPORATION, ET AL *** AS APPEARS TO US OF RECORD.
YOU ARE FURTHER COMMANDED TO MAKE YOUR RETURN THEREON TO THE CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA AT ITS COURT HOUSE ON 01/22/2026 NEXT RENDERED UNTO SAID
ADVANCED NAVIGATION & POSITIONING CORPORATION OF THE DEBT AND COSTS OF $71.50. AND NOTIFY THE PERSON ENTITLED TO RECEIVE SUCH MONEY, IF SUCH PERSON IS KNOWN AND IF ANY MONEY IS RECEIVED AS REQUIRED BY LAW.
GIVEN UNDER MY HAND THIS 24TH DAY OF OCTOBER, 2025.
CHRISTOPHER J. FALCON, CLERK
BY: DEPUTY CLERK
VIRGINIA:
IN THE CIRCUIT COURT FOR FAIRFAX COUNTY
ADVANCED NAVIGATION & POSITIONING CORPORATION, Judgment Creditor, V.
FILED CIVIL MAIL
CHRISTOPHER J. FALCON CLERK OF THE CIRCUIT COURT OF FAIRFAX, VA
MAR 19 2026
CYBERLUX CORPORATION, Judgment Debtor and
Case No. CL2025-16055
HII MISSION TECHNOLOGIES CORP., Garnishee.
This matter is before the Court on the garnishment summons requested by Advanced Navigation & Positioning Corporation and issued to HII Mission Technologies Corp. ("HII") arising out of a judgment entered against Cyberlux Corporation.
In accordance with the Order entered in this action on January 13, 2026 (the "Stay Order"), the Parties represent and agree that HII is hereby discharged from any liability in this action as a result of: (i) HII's deposit of the Disputed Funds (as defined in the Stay Order) in the Interpleader Action (as defined in the Stay Order) and (ii) HII's discharge from the Interpleader Action. Therefore, this action is DISMISSED, with prejudice as to HII.
This the day of March, 2026.
Chuital Play Christie Leary 2026.04.10 11:25:13-04'00'
Circuit Court Judge, Fairfax County
Document 197-4
WE ASK FOR THIS:
Ja
Joel D. Schwartz (VSB No. 97979) PARKER POE ADAMS & BERNSTEIN LLP 900 7th Street NW, Suite 700 Washington, DC 20001 Telephone: (202) 854-2811 Facsimile: (202) 217-2771 Email: joelschwartz@parkerpoe.com Counsel for Judgment Creditor Advanced Navigation & Positioning Corporation
ClayBox
Clark J. Belote (VSB No. 87310) Ahmed E. Mohamed Khalil (VSB No. 98315) Kaufman & Canoles, P.C. 150 W. Main Street, Suite 2100 Norfolk, VA 23510 Telephone: (757) 624-3000 Fax: (888) 360-9092 clark.belote@kaufcan.com ahmed.khalil@kaufcan.com Counsel for Garnishee HII Mission Technologies Corp.
SEEN AND AGREED:
Amy Refuge w/permission
Jimmy F. Robinson, Jr. (VSB No. 73622) Ogletree Deakins Riverfront Plaza - West Tower 901 East Byrd Street, Suite 1300 Richmond, VA 23219 Telephone: (804) 663-2336 Fax: (855) 843-1809 jimmy.robinson@.ogletree.com
Counsel for Judgment Debtor Cyberlux Corporation
Original source file
- File
- ip-hii-edva-00483-doc-0197-exhibit-4.pdf
- Source UID
- source:796548b1848411486ae2dca33e3d2da2624e26ab1e9f4e08b6ac32daef2700c8
- Full SHA-256
- 796548b1848411486ae2dca33e3d2da2624e26ab1e9f4e08b6ac32daef2700c8