Jul. 27—NANTICOKE — It was easier for Jim and Lisa Swanberry to put in a new pool than get a refund on the deposit for one they said was never delivered.
The husband and wife from Nanticoke went to court and prevailed with a judgment against Michael Calore and Superior Pools & Spa, ordering him to refund them $1,500 refund plus additional costs they incurred in the civil case.
Calore has not paid, and said Tuesday that the amended order signed by Luzerne County Judge Lesa Gelb on May 13 was not final.
“This is a simple contract dispute,” Calore said.
It’s been anything but simple for the Swanberrys.
Each step of the way has been a challenge, from the complaint filed on March 18, 2021 at the magistrate level, to Calore’s appeal of the judgment against him that sent it to county court, and the May 9 order mistakenly finding in favor of Calore after the case went to arbitration.
“What’s terrible about it is it’s such a process. My wife basically almost got a law degree at this point because no lawyer wants to touch it for what little amount of money it is,” Jim Swanberry said.
“And a lot of people won’t hire a lawyer, so they just quit,” said Lisa Swanberry who pursued the case on her own “pro se.”
The couple didn’t and they’re still trying to figure out how to have the judgment enforced despite Calore’s assertion they breached the contract instead of him.
The case stemmed from the couple’s meeting with Calore at his store on Mundy Street in Wilkes-Barre Township in February and March of last year in search of a new pool. They wanted to purchase a pool to replace the one they’ve had for 23 years and had a tight deadline to install it and purchase wood for the…
