NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-2900
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GERALD GESIORSKI; DAWN GESIORSKI; LIL' BIT OF CHICACO, INC.,
Appellants
v.
BRANCH BANKING & TRUST COMPANY, f/k/a Carrol County Bank & Trust
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. No. 1-12-cv-00449)
District Judge: Honorable John E. Jones, III
Submitted Under Third Circuit LAR 34.1(a)
April 23, 2013
BEFORE: SLOVITER, JORDAN, and NYGAARD, Circuit Judges
(Filed: May 8, 2013 )
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Gerald and Dawn Gesiorski, and Lil’ Bit of Chicago, Inc. appeal the District
Court’s grant of a motion to dismiss under Fed. R. Civ. P. 12(b)(6) brought by Branch
Banking & Trust Company. Appellants argue that the District Court erred by dismissing
their claim for statutory damages under the Pennsylvania Mortgage Satisfaction Act. 21
P.S. § 721-6(d).1 We will affirm.
There is no dispute that Appellants failed to pay the full mortgage obligation prior
to foreclosure, making it impossible for them to prove “payment of the entire mortgage
obligation and all required satisfaction and recording costs.” 21 P.S. § 721-6(d).
Appellants argue that the debt was constructively discharged under the Pennsylvania
Deficiency Judgment Act (42 Pa.C.S. § 8103(b)), but there is no legal authority for the
proposition that constructive discharge of the debt equates to “payment” of the mortgage
for purposes of the Mortgage Satisfaction Act. Therefore, appellants could not and did
not state a claim for damages under the referenced section of the Mortgage Satisfaction
Act “that is plausible on its face.” Jones v. ABN Amro Mortgage Group, Inc., 606 F.3d
119, 123 (3d Cir. 2010) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). The
District Court did not err.
For these reasons we will affirm the order of the District Court dismissing the
claim with prejudice.
1
Appellants did not appeal the denial of its claims for liquidated damages and attorney’s
fees.
2