The original Note was admitted as a record in the ordinary course of business without objection, and there was no dispute as to the authenticity of the signature. Suzanne Atwell was a party to the Note and liable for the unpaid balance according to its terms. As signatories to the Note, it is clear that De Mica, Dennis Atwell and Suzanne Atwell are liable for the unpaid installments due on the Note. The language does not refer to Suzanne Atwell. As signatories to the CBA, De Mica and Dennis Atwell are liable for contributions due under the Acceleration clause.
Plaintiffs also request interest, attorney's fees and costs as provided for in the Note.
Plaintiffs waived these amounts at trial because they were not calculated in the amount plaintiffs claimed was due on the Note despite express inquiry by the court. There was no evidence of the amount of interest due on the unpaid balance nor any evidence of attorney's fees attributed to default on the Note as compared to failure to pay contributions after the Note was signed. While Plaintiffs' counsel submitted post-trial findings of fact requesting these sums, there is no evidence of record to support this request. Any facts in the Discussion section not found in the Facts section are incorporated by reference therein. Conclusions of Law 1.