The second response to a complaint by the owner of the former Pomp Boys Motors in Roanoke Rapids was filed in federal court today by the attorney representing Rose Beacham and L&R Motor Company.

J. Nicholas Ellis of the Poyner Spruill law firm seeks that the complaint filed by Vivian Pompliano be dismissed and that all relief requested be denied.

The response asks for a jury trial.

The response centers on Beacham, a woman more than 80 who in April of 2021 arranged for a 1969 Ford Galaxie to be driven to Pomp Boys for repair estimates, the response says.

Beacham spoke with Pompliano about needing an estimate before any work was done.

The response says Pomp Boys would not provide Beacham with an estimate and charged her $137.76 to look at the car. An invoice dated May 26, 2021 was sent to the woman.

Pomp Boys had sent emails to Beacham on July 28, 2021 “purportedly sending her an ‘estimate’ on the cost of work on the Galaxie. Beacham nor LMRC approved the estimate or agreed to the work described in the estimate at the cost stated in the document.”

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On or about August 11, 2021, Beacham and another person went to pick up the Galaxie and remove it from Pomp Boys. “But, Pomp Boys would not allow the Galaxie to be removed from the premises. Vivian gave the (defendants) an invoice dated August 11, 2021 for work (allegedly) done to the car at a cost of $17,101.23. Vivian and Pomp Boys then gave (the defendants) another invoice dated August 11, 2021 that totaled $31,329.40 for work allegedly done on the Galaxie.”

The response says the defendants never authorized nor approved the work done and made arrangements for a third party to go to Pomp Boys and pick up the car. “Vivian and Pomp Boys refused to allow him to take the car unless a payment of $17,101.23 was made and that a ‘settlement’ was signed saying (the defendants) were ‘satisfied’ with the work.”

The response claims that while under duress and wanting to take possession of the Galaxie, L&R gave a check dated October 4, 2021 in the amount of $17,101.23 to Pomp Boys to get possession of the car. “Pomp Boys would not release possession of the Galaxie until the check was cashed and upon cashing it, (the defendants) were allowed to remove the (vehicle) from Pomp Boys.”

Upon possession of the vehicle, the defendants determined much of the work on the invoices had not been done, not completely done or done incorrectly.

To get some of the work done on the invoices, have it completed or done correctly, L&R paid $3,151.32 to a third party.

Beacham was contacted by another defendant, former Roanoke Rapids police Captain Jamie Hardy who asked her to describe her transaction with Pomp Boys.

The defendants provided copies of the invoices to Hardy.

The response says, however, the defendants did not request Hardy, the Roanoke Rapids Police Department or any entity to criminally charge Pompliano or Pomp Boys for the work they did to the vehicle or to make any arrest. “Beacham did not have any notice that she would be listed as a witness on any warrant for arrest against Vivian nor did she authorize her being listed as a witness on any such warrant. The information (the defendants) provided to Hardy and the RRPD was truthful, made in good faith and in response to being questioned by Hardy.”

Hardy, whose attorney last month filed the first response, is seeking dismissal of the complaint in which Pompliano says the demise of her classic car and auto repair shop was due to harassment by the police department.