Respondent
Popper Tigerpaw, Co-Owner of Ascendent
Current COPS™ Rating: UGLY*
The “Ugly” Rating is applied towards users who have shown repeated or egregious acts of fraud, deceit, theft, trolling, griefing, spamming, and/or other unfavorable behavior which violates the Second Life™ Terms of Service, Community Standards, or otherwise destroys the standards of ethics and fair dealings on the Second Life™ grid. The “Ugly” users are red flags to the user community of Second Life™ and should be avoided at all costs.
*[THIS RATING IS PENDING AND SHALL NOT BE CONSTRUED AS VALID OR ACCURATE UNTIL THE RESPONDENT HAS BEEN AFFORDED THE OPPORTUNITY TO RESPOND TO THE COMPLAINT UNDER THE TIMELINE PROVISIONS DESCRIBED BELOW.] The rating contained herein constitutes “FAIR USE” as defined by 17 U.S.C. § 107, which is provided for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, and is not an infringement of copyright. Please see, https://en.wikipedia.org/wiki/Fair_use.
Incident Report
- “Elita Wardell” (“Complainant” herein) entered into a Partnership Agreement with Popper Tigerpaw (“Respondent” herein) as Co-Owners of Ascendent
- A record is present showing the establishment of all Owners of Ascendent pursuant to the Partnership Agreement
- Complainant provides a record of payment showing contributions of Tiers and land paid current during the Partnership
- No record is present showing any dissolution of the Partnership Agreement
- Complainant was listed as Owner on the primary inworld Group of Ascendent
- Complainant took a leave of absence from Ascendent, which was disclosed to all owners in advance
- Respondent actively and intentionally ejected Complainant from the participation in the Partership as Owner
- Respondent relocated all prims, builds, and related peripheral modalities from the sim on which Ascendent operated
- Respondent continues to operate Ascendent to Complainant’s exclusion
- Respondent subsequently severed all communications with Complainant, while retaining profits earned
- No record is present showing prior notice to Complainant
- No record is present showing prior warnings to Complainant
- Complainant has suffered a loss of the value of tiers spent for the land use and primitives
- Complainant has suffered a loss in Lindens equal to attorney fees paid to prosecute the present claim
- Complainant losses have resulted in pain, suffering, and inconvenience
- Complainant losses have resulted in diminished profits
Complaint
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Type of Action: |
Complaint – I am issuing a Complaint against a user in Second Life™. |
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Complainant Avatar First Name: |
Elita |
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Complainant Avatar Last Name: |
Wardell |
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Complainant Email: |
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Respondent Avatar First Name: |
Popper |
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Respondent Avatar Last Name: |
Tigerpaw |
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Alternate Respondent Avatar Name(s): |
KatieMichelle Resident, Gavinmeyer Resident, Lorelei Maggs |
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Company Name (if applicable): |
Ascendent |
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Website (if applicable): |
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Subject(s) of the Complaint: |
Group(s) |
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—-: |
Intolerance |
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Theft |
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Fraud |
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Summary of Subject(s) of the Complaint: |
In October of 2016 Superior Modeling Company was shut down and the Ascendent Company was created. KatieMichelle, Gavinmeyer, Lorelei, Popper, Cyle Parx and myself were all apart of opening this venture. In January the venture was moved to my land in agreement that all the owners including myself would pay 35 dollars in USD a month to pay the tier for 5000 prim for Ascendent. I also Allowed Katiemichelle 2500 extra prim for a house at no charge until she decided to combine the two lands for Ascendent. At this point we raised the tier so that we were not flipping the bill anymore on our own. We agreed the profits made stayed in the alt bank while everything was paid out of pocket however they used the bank money to pay the tier for 3 out of the 6 owners., while others saw no profits. My title was marketing manager and owner, however decisions that were financial and involved the company were not discussed with me unless at the meetings. I ended up getting sick March 6th and was away due to illness and a vacation that was well planned in advance and they knew about it all. I came back March 23rd on my birthday to find out Katiemichell and Gavinmeyer were leaving SL for good and had turned the business over to Popper and Lorelei without discussing it with either Cyle or myself. In a conference call made Thursday night Gavinmeyer said ” Elita does nothing, she is never here and she is nothing more than a shit stirrer”. This was done in front of 4 other people as we were trying to have a meeting to determine our next course of action. Fast forward to Popper telling me I had no say and I was not an owner to us sending this notecard to the other owners in hope to somewhat reconcile:see below. In group chat I was called out for being mean to models, which if I am never here how can I talk to anyone? Please help. They have taken up the company and taken all the funds so we can not reimburse anyone if we wanted to. They have pulled this before with someone else. I just know my rights as an investor and also know when I’ve been scammed and wrongly done. |
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Location List: |
http://maps.secondlife.com/secondlife/Enchant%20Wedding%20Isle/176/62/2090 |
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Supporting Documentation: |
To the owners of Ascendent… Cyle Parx , Elita Wardell, Lorelei Maggs and Popper Tigerpaw On March 23rd KatieMichelle and Gavin Myer terminated their agreement with the school and tier… To walk away and take care of RL and I quote ” Leaving SL for Good” with this being said the school was left to the other owners.. Things got transfered over and they were gone.. Two owners felt it was better to have them leave the group as an owner.. To save confusion with everyone including the models… Two of the owners said no leave them… This was not a leave of absence it was gone from SL.. With fairness to all the owners that are left to pay.. Founder or not they left, The other owners did not… When you have a meeting and tell all the owners your leaving and if they want to send the stuff back they can and would leave the groups, The other Owners could do what they wanted with the groups.. Thats what needs to happen… Two owners want to make it all about family.. When the family is leaving and wants nothing to do with the school… Owners need to step up to the plate and be an owner if they are going to be, and step down if there not… With this being said Elita Wardell Parx and Clye Parx voted no to keeping them in the group as owners, The compromise was to put them as founders and leave them in the group… which Popper Tigerpaw only heard when Livie said it.. So she did not read when Cyle Parx said put them as something else if she wanted them to stay in the group…. As of March 31st your tier will expire and not just anyone can take over the tier.. The agreement was with KatieMichelle and she has terminated her agreement with Elita Wardell and Cyle Parx… so unless you go to Elita Wardell Parx and Cyle Parx and make an arrangement to stay and except the monthly tier of 30,000 Linden, You will need to vacate the 1/4 sim… on Enchant Wedding Isle… You will also need to reimburse Elita Wardell Parx for the tier she has paid till May.. As well as the cut of the 42K that is in the bank… as a shareholder in the company she is entitled to her portion of any profit made, she is also an owner and is entitled to vote and have any heresay, Now if you would like to buy Elita Wardell Parx out 100,000.00 in lindens is the price… You are allowing owners to stay in the company and not contribute to the tier or anything to do with the company so Elita is offering you to buy her out… If you choose not to buy her out you will have to make sure she knows about meeting and things going on even if you move from Enchant Wedding Isle, She is still an owner…and will subtract the buy out from the tier that would be made by Elita Wardell here on out and remain an owner till it is paid… as is Cyle Parx so any voting on, or bringing anyone in has to have their votes as well or you are breaking agreements… Elitas tier payments are as follows: 2016-12-26 20:51:46 Elita Wardell Cyle Parx Enchant Wedding Isle 3750 Rental unit paid 2016-12-31 09:56:17 Elita Wardell Cyle Parx Enchant Wedding Isle 1875 Rental unit paid 2016-12-31 09:56:39 Elita Wardell Cyle Parx Enchant Wedding Isle 1875 Rental unit paid 2016-12-31 09:57:45 Elita Wardell Cyle Parx Enchant Wedding Isle 1875 Rental unit paid You paid Katie Michelle Fagan (katiemichelle) L$2869: tier payment paid on 2/23/2017 @9:27 am |
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Avatar Payor First Name: |
Elita |
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Avatar Payor Last Name: |
Wardell |
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Total Amount Paid (in Lindens) L$: |
5000 |
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I have good faith belief that the acts and incidents described above and contained on the service is not authorized by the Second Life™ Terms of Service, Community Standards, or by protection of law. I swear, under penalty of perjury, that the information submitted in the Complaint is accurate and that I am the complaining party or am authorized to act on behalf of the complaining party at their written direction.: |
checked |
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Digital Signature: |
Elita Wardell |
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Date: |
03/27/2017 |
Decision
Respondent is held liable in the amount of L$15,940 for paid tiers, an additional L$51,512 for lost profits, L$5,000 for pain, suffering, and inconvenience associated with the return of scripted prims without warning, and L$5,000 for fees incurred by Complainant in prosecuting the present claim.
Total Damages – L$77,452
Respondent must file a Response, or Compliance within five (5) days of the Respondent Notification date issued below. To receive a “Good” rating on the COPS™ Database, Respondent’s Compliance filing must contain either (1) a payment in full to Complainant in the amount indicated, or (2) full reintegration of the Complainant into the operations of Ascendent as Co-Owner with all applicable profits and benefits due to date.
Respondent Notified
04/04/17
Response/Compliance
No Response or Compliance filed to date.
Appeal
No Appeal filed to date.