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The Mercers and I attended mediation graciously provided by Jefferson County. Nothing was resolved.
- I endured Jeff's opening speech about how "considerate" they want to be, about how "accommodating" they want to be.
- I endured personal insults and innuendoes.
- I endured irrelevant issues being brought out to confuse the valid issues.
- I endured his "report" on his "poll" of our neighbors, and he says EVERYONE thought I was wrong and that I can move if I don't like the closeness of their playground to my house.
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At almost every meeting, mediation and court appearance, Jeff Mercer first attempts to poison the atmosphere for truth by spewing out one distortion and outright lie after another. Once he gets out his poison, we then spend considerable time having to defend against his lies, and preventing a rational discussion of the real issues - like the illegal Excessive, Unnecessary and Unreasonable Noise levels produced by his bad playground placement. In November 2004, Woody747, his harassment co-conspirator, will attempt the same delay tactic in a court hearing where I obtained a Permanent Protection (restraining) Order against him.
Read about the Mercers constant cheating on a signed mediated agreement and the theft of my trash cans in broad daylight.
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Click Picture to Enlarge
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Donna said the rock throwing incidents were "only pea gravel"... (is throwing pea gravel at my house okay?) I said I found a larger (than pea gravel) rock laying on my window well cover (after the 2nd incident). Donna said it must have moved there from my [landscaping] rocks. That's possible, isn't it?
I asked for the
original agreement to be reinstated, with the original time moved from 6:30pm to 7:00pm (as I unilaterally offered last year). REJECTED.
Jeff Mercer has complained that I update this website too often (???), but that he doesn't pay attention to it (???). For someone who claims to not be paying attention, Jeff sure spends lots of time whinning to Channel 7 News and to KHOW talk radio ... about this website.
They offered that I can call anytime I want quiet time (but not every weekday at 7:00pm). He mentioned that if I have my girlfriend over for "romance", I can call them for quiet time.
I am astounded by his nerve, I guess I shouldn't be after all he's said and done in the past, but he continues to amaze me (in a very bad way). Who is watching whom?
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At the first mediation in 2001, Jeff Mercer has admitted that one of his daughters did have a
"screaming problem"
and he confirmed it again at this mediation session.
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Donna said I can change my work schedule and have that [quiet] hour during the daytime.
Donna said it's my fault that their playground is only 8' from my bedroom wall, "since you put the bedroom there".
Donna told me to wear earplugs.
Donna mentioned a figure of how much equity she thought I had in my home and said that I should move. I tried to explain that yes, my home has increased in value, but so have all the other homes in the area so my equity is a wash, I don't think she understood.
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Jeff complained that I never called them to say "thank you" for all the effort they've put into "accommodating" my "lifestyle". Since they began cheating on the agreement in just 34 days back in 2001, what would I be thanking them for?
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- Should I have called him and said "Jeff, thank you for not
cheating
more than you have" ?.
- Should I have called him in 2002 and said "Jeff, thank you for stopping your children and guests from
stoning
my house more than they have." ?
- Should I have called him and thanked him for how little his word means?
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Jeff said they wanted a pet, a dog, but they got a cat instead "for you". They asked if I'd have minded if they had got a dog? I said "no, as long as you keep it quiet and clean up after it". They whooped in glee, like somehow my statement proved some point ???
Their Cat? They let it out to roam the neighborhood, to use the neighbors property as a toilet and to harass my cat IN MY BACKYARD. I've asked them to keep the cat off my property, only to be told "it's a cat, we can't control where it goes".
A responsible cat owner CAN control there their cat goes --- if they want to... I do... and so do many cat owners in our neighborhood. Also, it is a violation of our HOA rules to let cats or dogs run loose, but that doesn't stop the Mercers. Their cat uses the playground equipment as a step to jump up on to the 6' fence and then into my backyard.
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They blamed the
fence coming apart
on some strings (string, not rope) I had attached to it with little screw-eyes to hold a new aspen tree in place (couldn't be his children...) I have many more similar strings attached to the back fence and that fence has not come apart. The back fence is very old, loose and rickety, but it's intact. The tree string was attached to a picket at the center of the fence, the tree would have snapped off or the picket would come loose before it could have pulled the fence apart.
The goal is to always confuse the issue.
Then he says that it couldn't have been his children because they don't climb on the fence "over there" (???). The Mercers always have an excuse, they refuse to take any responsibility for any of their poor choices.
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Donna and Jeff Mercer said they refused to follow a
prior agreement
with me to split the cost of a 6' privacy fence (considering the situation, I have a hard time calling it a privacy fence anymore...) since I made a "fuss" over the playground being only 8' from my home and because they found a cheap price for the fence installation. They always seem to find some "reason" to break their agreements.
He told me my website was very wrong, I asked what was wrong? He asked if I wanted to get into it? I said yes! He never pointed out any incorrect facts.
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They said they didn't follow the prior mediated agreement, since it was "not binding".
Did they have their "fingers crossed" behind their backs when they signed it? Did they think having their fingers crossed works after they reach puberty?
See The Cheating Chronicles.
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They said their children don't use the playground during the day since it's too hot. When I'm home in the daytime, I hear them using it. I asked him if he wanted me to do a study on their playground use during the day, he said no....
They actually took credit for the quiet evening time I've had this last week, even though it's been raining almost every evening this week. What planet are these Mercers from ???
We spent some time discussing my
3-year-old offer
to pay a professional landscaper to move the playground to the other side of their property to the logical location behind their garage. It soon became apparent that they were willing to pretend to consider this option, but in reality, it was just a delay tactic to steal my peace and quiet for the rest of the summer.
Oh well, whatever the situation we had before, we still have. The Mercers are not happy, I'm not happy, the neighbors are not happy, the police are not happy, I'm sure the lawyers will be happy.
All these problems because the Mercers won't take any responsibility for their poor and un-neighborly playground placement, by giving me just 8.33%, just 1 weekday hour of daylight quiet time and one weekend day (Saturday or Sunday is okay with me).
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They have refused to follow the mediated agreement we all signed in 2001
They will not agree to any compromise that might just result in them being considerate neighbors.
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I have previously measured the Sound Pressure Level (SPL) over the legal limit after 7:00pm, 66dB(A) is over the pre-7:00pm threshold too.
If given that 1 hour per day I want, I offered to discontinue all SPL measurements AT ALL TIMES of the day, I offered to restore the camera shield (giving up some of my security system) and I offered to remove the FeelMyPain website.
And like the prior agreement, I agreed to never complain about the noise at anytime the playground was available for their use. REJECTED.
Sigh....
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The entire human race is diminished by the Mercers uncivilized behavior.
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