| UNITED STATES | ||
| SECURITIES AND EXCHANGE COMMISSION | ||
| Washington, D.C. 20549 | ||
| ______________________________ |
| FORM 8-K | |||
| CURRENT REPORT PURSUANT TO SECTION 13 OR 15(D) | |||
| OF THE SECURITIES EXCHANGE ACT OF 1934 | |||
Date of Report (Date of earliest event reported): April 5, 2013 | |||
| Peoples Bancorp of North Carolina, Inc. | |||
| (Exact Name of Registrant as Specified in Its Charter) | |||
| North Carolina | |||
| (State or Other Jurisdiction of Incorporation) | |||
| 000-27205 | 56-2132396 | ||
| (Commission File No.) | (IRS Employer Identification No.) | ||
| 518 West C Street, Newton, North Carolina | 28658 | ||
| (Address of Principal Executive Offices) | (Zip Code) | ||
| (828) 464-5620 | |||
| (Registrant’s Telephone Number, Including Area Code) | |||
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: | |||
| o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) | |
| o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) | |
| o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) | |
| o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Peoples Bancorp of North Carolina, Inc. | |||
| INDEX | |||
| Page | |||
| Item 8.01 - Other Events | 3 | ||
| Signatures | 4 | ||
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Item 8.01 Other Events
Joseph Lee Gay, et al v. Peoples Bank
Lincoln County Case #13 CV 00383
On April 2, 2013, Peoples Bank (the “Bank”), a subsidiary of Peoples Bancorp of North Carolina, Inc., received notice that a lawsuit was filed against it in the General Court of Justice, Superior Court Division, Lincoln County, North Carolina. The complaint alleges (i) breach of contract and the covenants of good faith and fair dealing by the Bank, (ii) conversion, (iii) unjust enrichment and (iv) violations of the North Carolina Unfair and Deceptive Trade Practices Act in its assessment and collection of overdraft fees. It seeks the refund of overdraft fees, treble damages, attorneys’ fees and injunctive relief. The Plaintiff seeks to have the lawsuit certified as a class action. The Bank believes that the allegations in the complaint are without merit and intends to vigorously defend the lawsuit, including the request that the lawsuit be certified as a class action.
Requests for further information should be directed to Mr. Bill Cable or Mr. Joe Lampron, 828-464-5620.
Disclosure about forward-looking statements
This Form 8-K contains forward-looking statements. These statements are subject to certain risks and uncertainties that could cause actual results to differ materially from those anticipated in the forward-looking statements. Factors that might cause such a difference include, but are not limited to, changes in interest rate environment, management’s business strategy, national, regional, and local market conditions and legislative and regulatory conditions.
Readers should not place undue reliance on forward-looking statements, which reflect management’s view only as of the date hereof. The Company undertakes no obligation to publicly revise these forward-looking statements to reflect subsequent events or circumstances. Readers should also carefully review the risk factors described in other documents the Company files from time to time with the Securities and Exchange Commission.
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| SIGNATURES |
| Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. |
| PEOPLES BANCORP OF NORTH CAROLINA, INC. | |||
| Date: April 5, 2013 | By: | /s/ A. Joseph Lampron, Jr. | |
| A. Joseph Lampron, Jr. | |||
| Executive Vice President and Chief Financial Officer | |||
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