Astuccio v. R.K. Ahern Co.

After receiving default judgments against the obligor and guarantors of two promissory notes, the plaintiff, Sheila M. Astuccio (“Astuccio”), moved to charge Family Mutual Savings Bank, Trustee of the accounts of defendant R.K. Ahern Co., Inc., and requested an evidentiaiy hearing to determine the sum the trustee should be charged. On October 27, 1998, this Court (Whitehead, J.) found that although there was $52,820.06 in the account when service of process was made on the bank on September 28, 1991, the bank was only chargeable for $349.07, the sum remaining in the account on October 7,…