Evidence Record
Plaintiff’s Exhibit
1. My name is J. Chapman Petersen, and I am a Virginia-Licensed Attorney working as a Principal attorney at Chap Petersen & Associates, PLC, located at 3970 Chain Bridge Road, Fairfax, VA 22030.
DISTIL analysis
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Profile
Standard
Version
1
Doc Type
Legal Affidavit
Total Nodes
39
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Legal Affidavit J. Chapman Petersen, Virginia-Licensed Attorney, Chap Petersen & Associates, PLC Post-judgment enforcement proceedings in Harris County, Texas and Fairfax County, Virginia September 2023 - May 2025
payment_defaultmulti_jurisdictionongoing_garnishmentdisputed_payment_terms
Analytical Frame
Creditor enforcement action involving payment defaults and interstate garnishment
Analytical Summary
This affidavit from J. Chapman Petersen, representing judgment creditors Atlantic Wave Holdings and Secure Community, details payment defaults by Cyberlux Corporation and Mark D. Schmidt in Harris County District Court. Cyberlux failed to make an accelerated payment due in September 2023 and ceased regular payments by October 2023 for AWH and May 2024 for StrikePoint. Five random payments have been made since May 2024, characterized as insufficient for accord and satisfaction. A garnishment action is pending in Fairfax County, Virginia, where no interpleader agreement exists for $1.44 million and opposing counsel has not appeared.
Key Points
- Cyberlux failed to make accelerated payment due September 2023
- No regular payments since October 2023 (AWH) or May 2024 (StrikePoint)
- Five random payments made since May 2024, none constituting accord and satisfaction
- Pending garnishment action in Fairfax County, Virginia
- No interpleader agreement for $1.44 million
- Opposing counsel has not filed Notice of Appearance in Virginia action
Stage 2
Core — Entities, Events, Claims
20 nodes
ENT-001
Entity
J. Chapman Petersen
Virginia-Licensed Attorney working as a Principal attorney at Chap Petersen & Associates, PLC, located at 3970 Chain Bridge Road, Fairfax, VA 22030. Represents Atlantic Wave Holdings, LLC and Secure Community, LLC in connection with actions filed in Virginia by or against Cyberlux Corporation.
Page 1 — My name is J. Chapman Petersen, and I am a Virginia-Licensed Attorney working as a Principal attorney at Chap Petersen & Associates, PLC, located at 3970 Chain Bridge Road, Fairfax, VA 22030. I represent the plaintiffs, Atlantic Wave Holdings, LLC ("AWH"), and Secure Community, LLC (collectively, "Plaintiffs"), in connection with the actions filed in Virginia by or against Cyberlux Corporation ("Cyberlux").
ENT-002
Entity
Atlantic Wave Holdings, LLC
Plaintiff and judgment creditor represented by J. Chapman Petersen in actions against Cyberlux Corporation. Also referred to as AWH.
Page 1 — I represent the plaintiffs, Atlantic Wave Holdings, LLC ("AWH"), and Secure Community, LLC (collectively, "Plaintiffs"), in connection with the actions filed in Virginia by or against Cyberlux Corporation ("Cyberlux").
ENT-003
Entity
Secure Community, LLC
Plaintiff and judgment creditor represented by J. Chapman Petersen in actions against Cyberlux Corporation. Also referred to as StrikePoint in payment context.
Page 1 — I represent the plaintiffs, Atlantic Wave Holdings, LLC ("AWH"), and Secure Community, LLC (collectively, "Plaintiffs"), in connection with the actions filed in Virginia by or against Cyberlux Corporation ("Cyberlux").
ENT-004
Entity
Cyberlux Corporation
Defendant and judgment debtor in Harris County, Texas case (Cause No. 2024-48085) and subject of actions in Virginia. Failed to make required payments to creditors.
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment-Debtors
ENT-005
Entity
Mark D. Schmidt
Individual defendant and judgment debtor in Harris County, Texas case alongside Cyberlux Corporation.
Page 1 — CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment-Debtors
ENT-006
Entity
129th Judicial District Court, Harris County, Texas
Court presiding over Cause No. 2024-48085, with Honorable Michael Gomez as judge. Venue for judgment enforcement proceedings.
Page 1 — Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
ENT-007
Entity
Fairfax County, Virginia Court
Jurisdiction where garnishment action is pending and where potential interpleader of $1.44 million would be filed.
Page 1, 2 — There is a pending garnishment action in Fairfax County, Virginia. No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
EVT-001
Event
September 2023 Accelerated Payment Due
Cyberlux was required to make an accelerated payment in September 2023, but failed to do so. This was in addition to two monthly payments (one for StrikePoint and one for AWH).
Page 1 — As to the dispute regarding payments, Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023. Defendant failed to make the accelerated payment.
EVT-002
Event
Cessation of Regular AWH Payments - October 2023
Cyberlux ceased making regular payments to Atlantic Wave Holdings (AWH) after October 2023.
Page 1 — Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
EVT-003
Event
Cessation of Regular StrikePoint Payments - May 2024
Cyberlux ceased making regular payments to StrikePoint (Secure Community, LLC) after May 2024.
Page 1 — Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
EVT-004
Event
Five Random Payments Since May 2024
Since May 2024, Cyberlux made five random payments toward the judgment balance, which are characterized as not constituting accord and satisfaction.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
EVT-005
Event
Defendants' Letter to Judge Gomez - May 20, 2025
Defendants sent a letter to Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, prompting this responsive affidavit from plaintiffs' counsel.
Page 1 — I am submitting this Affidavit in support of Plaintiffs' response to Defendants' letter to the Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
EVT-006
Event
Affidavit Execution - May 21, 2025
J. Chapman Petersen executed this affidavit on May 21, 2025, which was notarized in Fairfax, Virginia by Vivian Le Tran.
Page 2 — IN WITNESS WHEREOF, I have caused this Affidavit to be executed on this 21 day of May 2025. J. Chapman Petersen
CLM-001
Claim
Payment Default on Accelerated Payment
Cyberlux failed to make the accelerated payment that was due in September 2023, as required under the payment agreement.
Page 1 — As to the dispute regarding payments, Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023. Defendant failed to make the accelerated payment.
CLM-002
Claim
No Regular AWH Payments Since October 2023
Cyberlux has made no regular payments to Atlantic Wave Holdings since October 2023.
Page 1 — Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
CLM-003
Claim
No Regular StrikePoint Payments Since May 2024
Cyberlux has made no regular payments to StrikePoint (Secure Community, LLC) since May 2024.
Page 1 — Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
CLM-004
Claim
Random Payments Not Accord and Satisfaction
The five random payments Cyberlux made since May 2024 toward the judgment balance do not constitute accord and satisfaction.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
CLM-005
Claim
Pending Garnishment Action in Virginia
A garnishment action is currently pending in Fairfax County, Virginia.
Page 1 — There is a pending garnishment action in Fairfax County, Virginia.
CLM-006
Claim
No Interpleader Agreement for $1.44 Million
No agreement has been reached regarding interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
Page 2 — No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
CLM-007
Claim
No Notice of Appearance Filed by Defense Counsel
Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action as of the affidavit date.
Page 2 — To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
12 nodes
QUO-001
Quotation
Payment Structure Before September 2023
Attorney Petersen describes the payment obligation structure: Cyberlux was to make two monthly payments (one for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023.
Page 1 — As to the dispute regarding payments, Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023.
QUO-002
Quotation
Payment Cessation Timeline
Attorney Petersen states the timeline of payment cessation: Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
Page 1 — Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
QUO-003
Quotation
Characterization of Random Payments
Attorney Petersen characterizes the five payments made since May 2024 as insufficient: none of them is an accord and satisfaction.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
TLL-001
Tell
Affidavit Purpose and Context
The affidavit is explicitly submitted in support of Plaintiffs' response to Defendants' letter to the court. This establishes the document as a reactive filing addressing representations made by opposing counsel.
Page 1 — I am submitting this Affidavit in support of Plaintiffs' response to Defendants' letter to the Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
TLL-002
Tell
Multi-Jurisdictional Nature of Dispute
The document reveals a complex multi-jurisdictional enforcement scenario with judgment enforcement in Texas and garnishment proceedings in Virginia, suggesting strategic forum choices and coordination challenges.
Page 1, 2 — There is a pending garnishment action in Fairfax County, Virginia. No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia. To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
TEN-001
Tension
Payment Characterization Dispute
There is an implicit tension between the parties regarding how to characterize the five payments made since May 2024. The affiant's emphatic statement that none constitute accord and satisfaction suggests defendants may have characterized them differently.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
TEN-002
Tension
Interpleader Dispute Over $1.44 Million
The statement that no agreement has been made about interpleading $1.44 million suggests this is a contested issue, with one party (likely defendants) proposing interpleader and the other (plaintiffs) rejecting or not agreeing to it.
Page 2 — No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
TEN-003
Tension
Virginia Appearance Issue
The fact that defendant's counsel has not filed a Notice of Appearance in the Fairfax County action suggests possible jurisdictional resistance, procedural delays, or strategic non-engagement with the Virginia proceedings.
Page 2 — To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
QST-001
Question
Nature of Defendants' May 20, 2025 Letter
What representations or arguments did defendants make in their May 20, 2025 letter to Judge Gomez that prompted this responsive affidavit? The document references the letter but does not detail its contents.
Page 1 — I am submitting this Affidavit in support of Plaintiffs' response to Defendants' letter to the Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
QST-002
Question
StrikePoint Identity and Relationship
What is the relationship between StrikePoint (mentioned as a payment recipient) and Secure Community, LLC (named plaintiff)? Are they the same entity, or is StrikePoint a related entity or predecessor?
Page 1 — Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023. Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
QST-003
Question
Total Judgment Amount
What is the total judgment amount owed by Cyberlux? The $1.44 million mentioned for potential interpleader may be the full amount, a partial amount, or garnished funds, but this is not explicitly stated.
Page 2 — No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
QST-004
Question
Five Random Payments Details
What were the amounts and dates of the five random payments made by Cyberlux since May 2024? Understanding these details would clarify the payment pattern and potential settlement negotiations.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Underlying Payment Agreement Exists
The description of payment obligations (two monthly payments plus an accelerated payment) suggests there is an underlying settlement agreement or payment plan that Cyberlux allegedly breached, though the document does not attach or detail this agreement.
Page 1 — As to the dispute regarding payments, Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023.
INF-002
Inference
Defendants Likely Claimed Accord and Satisfaction
The affiant's emphatic statement that the five random payments are NOT accord and satisfaction strongly suggests defendants argued in their May 20 letter that these payments should be treated as such, or as evidence of ongoing settlement negotiations.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
INF-003
Inference
Interpleader Proposed by Defendants
The statement that no agreement has been reached on interpleader suggests defendants likely proposed placing $1.44 million in the court registry (possibly garnished funds or disputed amounts) to resolve competing claims, which plaintiffs have not accepted.
Page 2 — No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
INF-004
Inference
Strategic Non-Appearance in Virginia
Defendants' failure to file a Notice of Appearance in the Fairfax County garnishment action while corresponding with the Texas court suggests possible strategic forum selection resistance or an attempt to concentrate proceedings in Texas rather than Virginia.
Page 2 — To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
OMI-001
Omission
Payment Amounts Not Specified
The affidavit does not specify the amounts of the five random payments made since May 2024, nor the total judgment balance. This omission may be strategic, leaving defendants unable to contextualize their payment efforts, or may reflect that specific amounts are in dispute.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
OMI-002
Omission
Content of Defendants' Letter Not Disclosed
The affidavit references defendants' May 20, 2025 letter to Judge Gomez but does not describe its contents, arguments, or representations. This omission means we cannot assess what specific claims this affidavit is rebutting.
Page 1 — I am submitting this Affidavit in support of Plaintiffs' response to Defendants' letter to the Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
OMI-003
Omission
Original Judgment Details Not Provided
The affidavit does not describe the underlying judgment, including when it was entered, in what court, the basis for liability, or the total judgment amount. This contextual information is absent, focusing solely on payment performance.
Page 1 — Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
Extracted text
2 pages · 2645 charactersFiling Header
CAUSE NO. 2024-48085
ATLANTIC WAVE HOLDINGS, LLC and SECURE COMMUNITY, LLC,
Plaintiff/Judgment-Creditor
v. CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually,
Defendant/Judgment-Debtors
§ IN THE DISTRICT COURT OF
§ §
§
§ § HARRIS COUNTY, TEXAS
§ §
§ §
§ 129TH JUDICIAL COURT
AFFIDAVIT OF J. CHAPMAN PETERSEN
I, J. Chapman Petersen, being of sound mind and over the age of 18, hereby state as follows:
1.
My name is J. Chapman Petersen, and I am a Virginia-Licensed Attorney working as a Principal attorney at Chap Petersen & Associates, PLC, located at 3970 Chain Bridge Road, Fairfax, VA 22030.
2.
I represent the plaintiffs, Atlantic Wave Holdings, LLC ("AWH"), and Secure Community, LLC (collectively, "Plaintiffs"), in connection with the actions filed in Virginia by or against Cyberlux Corporation ("Cyberlux").
3.
I am submitting this Affidavit in support of Plaintiffs' response to Defendants' letter to the Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
4.
As to the dispute regarding payments, Cyberlux was to make two (2) monthly payments (one payment for StrikePoint and one for AWH) prior to an accelerated payment due in September 2023. Defendant failed to make the accelerated payment.
5.
Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
6.
Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
7.
There is a pending garnishment action in Fairfax County, Virginia.
PLAINTIFF'S EXHIBIT 1
8.
No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
9.
To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
10.
I hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and information.
IN WITNESS WHEREOF, I have caused this Affidavit to be executed on this 21 day of May 2025.
J. Chapman Petersen
COMMONWEALTH OF VIRGINIA CITY OF FAIRFAX to-wit:
I, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, so hereby certify that J. CHAPMAN PETERSEN, whose name is signed to the foregoing instrument has this day acknowledged the same before me.
GIVEN under my hand this 21 day of May 2025.
official Copy wridet, Marilyn Belges district Clerk
Notary Public
Registration No.
My Commission Expires 05/31/2028
VIVIAN LE TRAN MY COMM EXPIRE'S M 05/31/2026 ES REGISTRATION # 8099896 NOTARY PUBLIC AMMONWEALTH OF VIRGINIA
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