Gerald Gesiorski v. Branch Banking & Trust Co

NOT PRECEDENTIAL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