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"You're only as good as your Word."
-- George W. Bush --
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I was taught at an early age that it's important to keep my WORD, to honor my agreements. Jeff and Donna Mercer must have never learned this important lesson. Read about the times they have lied to me in 2001 and 2004 and then see the full history of their cheating on the signed mediated agreement.
Jeff Mercer has said he was "not aware" of all this cheating. Either he's lying, or they have no idea what is going on with their children or their playground. Bad Parents either way... The playground is "out of their way".
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When we had the so-called " privacy fence" installed.
the Mercers' refused to pay for 1/2 of a 6' fence. Even though they already agreed to it, they were only willing to pay for 1/2 of a 5' fence, I had to pay the difference to have a 6' fence built. They said they didn't honor their word because "you made a fuss about the playground". Their Word should be their Word, but to them, they somehow find reasons to break their word. Be warned - before making any agreements with them, their Word is not enough to guarantee they honor agreements.
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Jeff Mercer told me that "Sunday is Family Day", so not using the playground on Sundays is not a problem. Look at the number of times they've cheated on a Sunday. In fact, the first time their children and guests
stoned my home,
it was a Sunday evening. So much for Family Day...
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When I called them to ask why they were
no longer honoring the mediated agreement,
Jeff Mercer told me THEY were changing the weekday playground ending time from 7:00pm to 7:30pm. Although I was not agreeing to their change, I asked why he'd honor that time, when they have cheated so much over the past 3 years, and he said in a condescending tone: "my children go to bed at 8pm". See how many times (below) they have cheated PAST 8:00pm in the past three years.
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At the 2004 attempted re-mediation, I asked why they were not honoring the mediated agreement. Jeff Mercer said that they didn't honor the mediated agreement "since it's not binding". It's debatable whether it's binding or not, but think about it. They feel no obligation to honor a negotiated mediated signed agreement unless they believe the force of law can MAKE them honor it. Their WORD is meaningless, giving their Word does not create an obligation on their part to live by their Word. Be warned - before making any agreements with them, their Word and their signature and a handshake is not enough to guarantee they honor commitments.
- Read about theft of my trash cans from my property in broad daylight.
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Here are some excerpts from my agreement notes showing a clear pattern of cheating by the Mercers on the signed mediated agreement.
I never logged all the cheating I was aware of, nor was I home all the time. Each time I became aware of the cheating, it was due to hearing the noise from the playground area. I was not "looking for trouble", it was presented to me audibly.
I had the right to call EVERY time they cheated on the mediated agreement, but I didn't. I bit my tongue and never called in 2001. I called once in 2002 and once in 2003.
It was beyond cheating in 2004, it was outright agreement breakage and I called three times. I was patient, way beyond what they deserved. And then they complain about me calling to complain about them breaking their word. It's a strange world we live in...
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Tuesday, May 22, 2001
Tuesday, June 26, 2001 20:40
Wednesday, June 27, 2001 19:27
Sunday, July 01, 2001 18:33
Tuesday, July 03, 2001 20:09
Tuesday, April 23, 2002 19:30 PM
Sunday, June 02, 2002 8:03 PM
Thursday, June 20, 2002 7:42 PM
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I walked outside and saw Jeff on the trampoline from my yard. I said to him, "Jeff, I thought we had an agreement?" Jeff said we do, with some exceptions. I said our agreement said that we'd call when we are going to have exceptions. Jeff said sorry he didn't call and that they'd be about another five minutes. I said exceptions are no real problem, but I need to know about them so I can plan my life around them
Thursday, August 08, 2002 7:13 PM
Thursday, August 15, 2002 7:18 PM
Thursday, April 10, 2003 7:26 PM
Sunday, April 13, 2003 7:21 PM
Friday, April 18, 2003 7:42 PM
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I just called Jeff and asked him if he's aware it's after 6:30. Jeff said they have family in town and asked if that would be okay? I said no problem other than the fact that our agreement says I will be informed. Jeff said he apologizes for not calling. I said okay, but I do want the agreement followed.
Wednesday, May 14, 2003 7:59 PM
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I unilaterally offered to Jeff to extend the weekday playground time from 6:30 to 7:00 pm, in exchange for them actually honoring the agreement. As you can see below, it didn't work....
Sunday, July 20, 2003 7:11 PM
Tuesday, July 29, 2003 7:57 PM
Wednesday, July 30, 2003 8:37 PM
Sunday, March 21, 2004 5:33 PM
Sunday, April 04, 2004 6:28 PM
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Got a call from Jeff Mercer at 4:33, letting me know they playground will be in use for about 10-15 minutes. I said no problem, and I'm not home anyway. Well I'm home now, and there are still children on the swingset and trampoline.
I just called Jeff and said that I was a "bit confused about the playground". He says "oh are you home", Yes for a while now, he says "I'll get them out of there".
Tuesday, April 13, 2004 7:17 PM
Thursday, April 15, 2004 7:10 PM
Friday, April 16, 2004 7:57 PM
Tuesday, April 20, 2004 7:30 PM
Tuesday, April 27, 2004 7:12 PM
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I just called the Mercers, Donna answered. I asked for Jeff, she said he was not home. I said "this is Larry from next door, and it's after 7pm." She said I will have to be "a little understanding or we can forget the whole thing". I said last year it was 6:30 and I unilaterally offered 7pm. She said that was nice of me, and her children will be out till 730pm.
She said "it's our yard. I said I'll call Jeff later.
Wednesday, April 28, 2004 6:00 PM
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I called Jeff this evening around 6pm, we talked for about 15 minutes. He says I need to be "flexible", meaning they want to extend the agreement to 7:30. I said no, we have an agreement for 6:30, which I unilaterally offered to extend to 7pm last year, hopefully in exchange for compliance with the agreement. And it didn't work, since you continually violate the agreement.
I told Jeff that I'm still not happy at all with the trampoline and swingset so close to my home and the high noise level in my back yard, but that the mediated agreement allows us to co-exist. He said "I'm sure you are still upset about it". Of course he knows I don't like the high noise levels and loss of my back yard privacy - he warned me over a year before he put the playground just 8' from my home that I wasn't going to like it.
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Jeff said he doesn't like it when every time I call, it's to complain about something. I said we have an agreement, and when YOU violate it, and I call to let YOU know about it, YOU can't complain to me that that's all I call about.
Jeff said they won't be out past 7 very often, I said it was 3 times last week, which is 60% of the weekdays. He then expressed disbelief about the one night last week that it went on till 8pm. I told him that I'm not home now (called from cell phone driving home from work), if he wants I can consult my notes and give him the dates, but what is the point? Donna even saw me going out at 8pm that evening to see what the noise was all about. (04-13, 04-15 and 04-16)
So he says we can keep the agreement, if I'm flexible (like letting them have no limits), I pointed out that without a set time, there is no point in an agreement without limits. Bottom line is he argued about who was breaking the agreement. I simply said that our agreement is 7pm and I expect it to be honored.
He says his children are getting older and stay up later, so they need to extend the agreement to 7:30. I said that even if I would agree, which I am not, he'd push it to 7:40 and then 7:50 and 8pm and then demand we extend the agreement to 8pm. Jeff said his children go to bed at 8pm (another lie), I said what happens when they get older (and go to bed later). No response.
Thursday, May 6, 2004 @ 7:25 PM.
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