claimallegation
Payment Default on Accelerated Payment
Cyberlux failed to make the accelerated payment that was due in September 2023, as required under the payment agreement.
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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.
claimallegation
No Regular AWH Payments Since October 2023
Cyberlux has made no regular payments to Atlantic Wave Holdings since October 2023.
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Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
claimallegation
No Regular StrikePoint Payments Since May 2024
Cyberlux has made no regular payments to StrikePoint (Secure Community, LLC) since May 2024.
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Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
claimallegation
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.
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Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
claimallegation
Pending Garnishment Action in Virginia
A garnishment action is currently pending in Fairfax County, Virginia.
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There is a pending garnishment action in Fairfax County, Virginia.
claimallegation
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.
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No agreement has been made about interpleading $1.44 million into the Court Registry for Fairfax County, Virginia.
claimallegation
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.
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To date, Defendant Cyberlux's counsel has not filed a Notice of Appearance in the Fairfax County action.
entityobservation
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.
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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").
entityobservation
Atlantic Wave Holdings, LLC
Plaintiff and judgment creditor represented by J. Chapman Petersen in actions against Cyberlux Corporation. Also referred to as AWH.
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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").
entityobservation
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.
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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").
entityobservation
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.
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CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment-Debtors
entityobservation
Mark D. Schmidt
Individual defendant and judgment debtor in Harris County, Texas case alongside Cyberlux Corporation.
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CYBERLUX CORPORATION and MARK D. SCHMIDT, Individually, Defendant/Judgment-Debtors
entityobservation
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.
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Honorable Michael Gomez of the 129th Judicial District of Harris County, Texas, dated May 20, 2025 in the above-captioned matter.
eventattribution
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).
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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.
eventattribution
Cessation of Regular AWH Payments - October 2023
Cyberlux ceased making regular payments to Atlantic Wave Holdings (AWH) after October 2023.
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Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
eventattribution
Cessation of Regular StrikePoint Payments - May 2024
Cyberlux ceased making regular payments to StrikePoint (Secure Community, LLC) after May 2024.
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Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
eventattribution
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.
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Since May 2024, Cyberlux has made five (5) random payments towards the judgement balance - none of them is an accord and satisfaction.
eventattribution
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.
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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.
eventattribution
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.
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IN WITNESS WHEREOF, I have caused this Affidavit to be executed on this 21 day of May 2025. J. Chapman Petersen
observationobservation
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.
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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.
observationobservation
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).
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Cyberlux has made no regular payment since October 2023 (AWH) or May 2024 (StrikePoint).
distillateobservation