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the Federal Rules of Evidence, sworn affidavits for some or all
of them with accompanying copies of custodial business records
including copies of checks (front and back), Forms W-2 and 1099,
accounting entries, and possibly other documentary evidence
showing the amounts paid to petitioner in 1995, 1996, and 1997.
Before trial, respondent subpoenaed and received the
affidavits and the records from Ms. Harrison, Ms. McSorley, and
George Patenode. Ms. Harrison is the custodian of the personnel
records of Ursuline. The statements in Ms. Harrison’s affidavit
are made in her capacity as the custodian of those personnel
records and are made upon her knowledge and belief. Ms. McSorley
is the custodian of the payroll records of the Orchestra. The
statements in Ms. McSorley’s affidavit are made in her capacity
as the custodian of those payroll records and are made upon her
knowledge and belief. Mr. Patenode is the custodian of the
records of a transfer agent of Pioneer Investments, Pioneer
Investments Management Shareholder Services (PIMSS). The
statements in Mr. Patenode’s affidavit are made in his capacity
as the custodian of those records and are made upon his knowledge
and belief.3
3In respondent’s trial memorandum, he identified Teresa
LaChapelle as the custodian of records for Pioneer. Ms.
LaChapelle did not testify at trial and did not submit an
affidavit or records. Mr. Patenode was not named in respondent’s
trial memorandum, and the record does not reflect how or when he
succeeded to Ms. LaChapelle’s position as custodian of records
(continued...)
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Last modified: May 25, 2011