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"Facts do not cease to exist because they are ignored."
-- Aldous Huxley --
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The Mercers put in a playground (trampoline, swingset, slide and slide platform) right between our homes, which puts it only 8' from my home.
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The noise levels in my home and backyard from their screaming children and guests, just 8' from my home is deafening and has been measured at illegal levels.
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For unexplainable reasons, the Jefferson County Sheriff's Department and the Jefferson County District Attorney have refused to enforce the clear and well written unambiguous Noise Abatement Laws.
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Jeff Mercer warned me (first warning) a year before they ever installed the swing-set and slide platform ( watch tower) that I was not going to like it.
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Jeff Mercer has admitted that one of his daughters has a " SCREAMING PROBLEM" on May 22nd, 2001 at our first mediation session and confirmed it again on June 23rd, 2004 at our failed re-mediation session.
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Shortly after warning me about the playground they planned to erect, Jeff asked me if I had plans to put in any trees " for noise". Before I moved in, and before they started their landscaping, Jeff was already worried about his daughter with the " screaming problem" and the noise the playground would create.
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Surprise, Surprise, Surprise !
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The majority of playground noise in the " acoustic alley" between our homes reflects off their two-story home and funnels directly into my home and backyard.
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All the other neighbors with playgrounds have located them out in the open so the sound dissipates in all directions, keeping the sound levels for their neighbors very low. The Mercers playground placement right between our homes, only 8' from my home sends almost ALL the noise into my home and backyard.
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The Mercers have violated all the prevailing "community standards" with their poor playground placement and the illegal noise levels it creates for their neighbor.
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The Jeff Mercer warned me (2nd warning) shortly after the noise levels became unbearable about an upcoming Character Assassination Campaign he and his wife had discussed.
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The signed mediated agreement basically prohibited playground use after 6:30pm on weekdays (M-F) and all day Sunday. That was the only restriction on the children, they could still be outside anywhere else, doing anything else, just not using the playground equipment, which was just 8' from my house (to keep the noise level down inside my home and backyard). The parents would enforce the no fence climbing rule. I would never complain about the playground noise again and put up a shield over my security camera to block my partial B/W view of their side yard trampoline.
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The Mercers cheated constantly on the mediated agreement, like they thought having their fingers crossed behind their backs when they signed it works for adults.
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The Mercers agreed to the new time, and then almost immediately started cheating on the revised agreement.
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In 2004 the Mercers abandonded any pretense of following the agreement. They claimed they were not breaking the agreement, but they were refusing to follow it. Non-compliance is breakage.
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Over the years, the Mercers have made up one " calculated hysterical accusation" after another about me (often in conflict with a prior accusation). These accusations are made in an attempt to avoid a discussion of the facts. If they can control the discussion with emotional falsehoods, they can avoid having to acknowledge the facts.
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The Mercers and I attended another Jefferson County Mediation session in June, 2004. They refused to share ANY of the airspace or ANY the neighborhood, by refusing to grant me any guaranteed quiet time in the evenings or on the weekends like the original agreement did.
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The Mercers and I attended a court-ordered mediation with a local Golden attorney in August, 2004. We FAILED again. They refused to share ANY of the airspace or ANY of the neighborhood, by refusing to grant me any guaranteed quiet time in the evenings or on the weekends like the original agreement did. They misled the attorney about the original mediated agreement, saying it required the children to be INSIDE (not true, read for yourself) after 7:00pm to make it seem too restrictive.
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Instead of sharing the neighborhood with a neighbor, the Mercers have engaged in Character Assassination against me. They " swear" to the Jefferson County Courts they believe their children are in " imminent danger" to obtain a restraining order against me. But when presented with the choice (by a Jeffco County Judge) to keep the restraining order or to keep their trampoline only 8' from my house (but out of their way), they choose to give up the restraining order so the trampoline is not in their way, near their main living area in their back yard. They depend on others not noticing their illogical decisions, by keeping up the attack on my character, by making horrible accusations against me.
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The Mercers and their friend " Woody747" have been involved together in a harassment campaign against me, using (they believed) " anonymous" - unsolicited, misleading, obscene, threatening and hateful email. These "adults" have sunk to a new low. The courts have issued a Permanent Protection (Restraining) Order against Woody747 to stop his harassment.
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This Woody747 has admitted under to oath to being the author of these obscene and threatening email messages. Yet the Jefferson County Sheriff's Department has refused to prosecute ???
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I believe the Mercers are directly involved in orchestrating the theft of my trash cans - three times. I have a video of the last theft by E&M Disposal, and the Jefferson County Sheriff's Department has refused to prosecute ???
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The Jefferson County Sheriffs office is now involved, the Jefferson County Courts are now involved. Attorneys are involved. All because the Mercers refuse to share the neighborhood, they refuse to live by their Word, by their Handshake, by the signed mediated agreement.
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