HomeMy WebLinkAbout11-4830Mark F. Bayley, Esquire
BAYLEY & MANGAN
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. #87663
JENNIFER JUMPER,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 11 - y0 CIVIL TERM
ALEX JASON ELLIS and
RYAN SWARTZ, : CIVIL ACTION - PATERNITY
Defendants
COMPLAINT TO ESTABLISH PATERNITY
AND NOW comes Jennifer Jumper, by and through her attorney, Mark F. Bayley, and in
support of the within complaint avers as follows:
1. Plaintiff, Jennifer Jumper, is an adult individual who resides at 333 Burgners
Road, Carlisle, Pennsylvania, 17015.
2. Defendant, Alex Jason Ellis, is an adult individual who resides at 6 Stine Avenue,
Carlisle, Pennsylvania, 17013.
3. Defendant, Ryan Swartz, is an adult individual who resides at 3 Walnut Bottom
Road, Walnut Bottom, Pennsylvania, 17266.
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4. Jennifer Jumper (hereafter "Mother") is the natural mother and Defendant, Alex
Jason Ellis, is the natural father of the child at issue, Alyssa Paige Ellis, born, January 13, 2004.
5. The above named child resides with Mother at 333 Burgners Road, Carlisle,
Pennsylvania, 17015.
6. Mother was married to Ryan Swartz at the time the child was born.
7. The child's birth certificate erroneously lists Ryan Swartz as the child's father.
8. Mother and Mr. Swartz were subsequently divorced.
9. There is not a custody, support or other action involving paternity regarding the
above named child now pending in any jurisdiction.
10. There has not been a determination by any court as to the paternity of the child in
any prior support, custody, divorce or any other action.
11. The child was originally named Alyssa Paige Swartz which was the name listed
on her original birth certificate.
12. Upon petition by Mother, the child's name was changed to Alyssa Paige Ellis by
court order dated February 23, 2010 issued by the Honorable J. Wesley Oler which is reflected in
her current birth certificate (a copy is attached as "Exhibit A")
13. The parties have already obtained DNA testing which confirms that Defendant
Ellis is the biological father of the child (the relevant report is attached as Exhibit "B")
14. Mr. Swartz has no objection to the granting of the within request.
15. Mr. Ellis has no objection to the granting of the within request.
WHEREFORE, Plaintiff requests that the Court adjudicate Alex Jason Ellis as the
child's father and for the entry of the attached final order.
Respectfully sub i e
Date.
k F. Bayley, Esquir
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D. # 87663
JENNIFER JUMPER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 11 - CIVIL TERM
ALEX JASON ELLIS and
RYAN SWARTZ, : CIVIL ACTION - PATERNITY
Defendants
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Jen fifer J mper
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GENETRAC'0 10LABS
Genetrack Biolabs Inc.
(Molecular Diagnostics Division
401- 1508 Nest Broadway
Vancouver BC V61 1 Rr8
Tel. 604-325-7282
Tell Free Tel_ 1-888-828-1899
Fax. 604-325-2208
Toll Free Fax. 1-888-655-8877
wv,iv.genetrack. bc.ca
Date: 9/2112009
ALEX ELLIS
6 STINE AVENUE
CARLISLE PA 17013-9649
USA
RE: DNA PATERNITY INCLUSION
Please find enclosed the results of the DNA paternity test requested (Mother, Jennifer Renee Jumper, Child, Alyssa Paige Swartz; Alleged
Father, Alex Jason Eltisl.
The results of the paternity test are consistent with the alleged father, ALEX JASON ELLIS, being the biological father of the chill, ALYSSA
PAIGE SWARTZ. The probability of paternity is greater than 99.99999%.
N. B. This is a home legal test, meaning that the collection facility and the sample collector were selected by the participant(s), and not by
Genetrack Biolabs Inc. The results described are based upon the assumption that the sample collector and collection facility are reliable.
Genetraa Biolabs Inc. is not responsible for any wrongful collection of the samples, whether accidental or intentional, prior to our acceptance
of these samples.
A glossary of term is enclosed for your convenience. If there are any questions, please do not hesitate to contact our office
Genetrack Biolabs is Accredited by the Standards Council of Canada to ISO 17025 Testing Laboratory Standards.
Accredited by the American Association of Blood Banks.
Participating Laboratory of the College of American Pathologists Parentage Testing Proficiency Program
!T REPORT SHALL NOT BE REPRODUCED EXCEPT IN FULL AND WITH wRrrrEN APPROVAL PAGE 1 Of 1
Vim"
., (( GENETRA 1 L V
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DNA Parentage Test: Results
Genetrack Biolabs Inc.
Molecular Diagnostics Division
401 -1508 West Broadway
Vancouver BC V6J I W8
Tel. 604-325-7282
Toll Free Tel. 1-888-828-1899
Fax. 644-325-2208
Toll Free Fat. 1-888-655-8877
w-"lv.genetrack.bc.ca
DATE: 9121/2009
ALEX ELLIS
6 STINE AVENUE
CARLISLE PA 17013-9649
USA
Case Number. GT-US-US9340207
Mother: Jennifer Renee Jumper
Child: Alyssa Paige Swartz
Alleged Father. Alex Jason Ellis
Database Samples Recd
Caucasian 9116/1009
Caucasian 911612009
Caucasian 911612009
CONCLUSIONS OF DNA PARENTAGE TEST:
The alleged father, ALEX JASON ELLIS, is not excluded as the biological father of the child, ALYSSA PAIGE SWARTZ. Based on the genetic
testing results obtained by PCR analysis of STIR loci.. the probability of paternity is >99.99999% as compared to an untested, random man
(prior probabifty = 0,5)
N B. This is a home legai test, meaning that the collection facility and the sample collector were selected by the participant(s), and not by
Genetrack Biolabs Inc. The results described are based upon the assumption that the sample collector and collection facility are reliable.
Genetrack Biotabs Inc. is not responsible for any wrongful collection of the samples, whether accidental or intentional, prior to our acceptance
of these samples.
DNA Locus Mother Child Alleged Father Paternity Index
DBS1179 11 ! 15 14 15 10 14 2.22
D21S11 32.2 ::t 342 29 32.2 28 29 1.99
D7S820 9 12 s 12 13 8 13 1115
i CSF1P0 12 - 11 '12 10 11 1.56
D3S1358 17 18 16 17 16 - 4.14
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4.58
D13S317 1€3 13 ! 11 13 11 12 ( L81
D16S539 11 13 12 13 j 12 # 13 s; 1.42
0251338 18 23 18 20 20 j 24 3.42
DISS433 13 ( 15 14 15 14 _2.93_
vWA 17 18 16 18 16 - 4.413
TPOX 8 9 $
? 9 - 9 i 11.23
018551 13 16 s 12 1S ' 12 17 4.20
D5S816 11 12 12 11 I 12 1.28
FGA 22 24 22 23 i 23 24 3.49
PROBABILITY OF PATERNITY: >99,99999% COMBINED PATERNITY INDEX: 41029855
The results and conclusions described in this report have been reviewed by.
Edmond T. Wong, Ph.D.
Director, DNA/ldentity Laboratory
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Cmwtrack Biolabs is Accredited by the Standards Council of Canada to ISO 17025 esting Laboratory Standards.
Accredited by the American Association of Blood Banks.
Participating Laboratory of the College of American Pathologists Parentage Testing Proficiency Program
REPORT SHALL NOT BE REPRODUCED EXCEPT IN FULL AND WITH WRITTEN APPROVAL PAGE 2 of 2
GENETRACK+t,B10LABS
Medicoi DNA Te<_iin g Services -Legal Biomedical Services
Genetrack Biolabs inc.
molecular Diagnostics Dvision
401 -1508 West Broadway
Vancouver 8C V5J 1 W8
Tel. 604-325-7282
TO Free Tel. 1-888-828-1894
Fax. 604-325-2208
TOU free Fax. I -M-655-8877
wywv.genetrock.bc.co
DNA REPORT GLOSSARY
Allele
An alternate form of the same locus.
Combined Paternity Index {CPI)
The CPI is calculated by multiplying the PI values for
each independent locus and is the total paternity index
from of the loci examined. A CPI of 0 corresponds to a
0% ? robability of paternity (paternity exclusion) whereas
a CPI of >1000 corresponds to a probability of paternity
of >99.9% (paternity inclusion).
Paternity Index (PI)
A likelihood ratio representing a comparison of the
probability that the alleged father is the biological father
versus the probability that a random man in the
population is the biokxIical father. A PI is calculated lot
each locus and is used to calculate the combined
paternity index and probability of paternity.
Polymerase Chain Reaction (PCR)
PCR is the most sensitive biochemical technique
available to amplify and study DNA.
Deoxyribonucleic Acid (DNA)
The biological material that is transferred from parents
to their children. By examining the DNA from two
people, their relatedness can be established. as in the
case of paternity and maternity testing.
Locus (pl. loci)
A specific region of DNA.
Paternity Exclusion
A paternity exclusion indicates that the DNA test results
are consistent with the hypothesis that the testing
alleged father is not the true biological father of the
child.
Prior Probability
This is a value ranging from 0 (impossible) to 1
(absolute certainty). A prior probability value of 0.5 is
used, which equally favors paternity or non-paternity.
Probability of Paternity
A statistical percentage based upon the combined
paternity index and prior probability, describing the
probability that the alleged father is the biological father
of the chili. A 0% probability of paternity indicates a
paternity exclusion and a probability of patemity of
99.9% or greater is indicative of a paternity inclusion.
Paternity Inclusion
A paternity inclusion indicates that the DNA test results
are consistent with the hypothesis that the tested
alleged father is the true biological father of the chili.
Result Interpretation Procedures
From the samples collected, DNA is isolated and amplified by a process known as PCR for analysis. Through the
analysis of the data, the profile for each individual at each locus is determined and independently evaluated.
In reviewing the results, the locus of the child must first be compared to that of the biological mother to determine the
mother's contribution to the genetic profile of the child. The remaining number represents the biological father's
contribution (or paternal contribution). In the event that the mother is not tested, a straight comparison between the child
and alleged father is performed.
If there is a match between the profiles of the alleged father and the child, then a Patemity Index (PI) is calculated. If
there is a non-match between the child and alleged father, the PI will have a value of 0. This comparison is performed in
the same manner for all the loci tested.
When all the Pi values have been calculated, they are multiplied to obtain the Combined Paternity Index (CPI), which can
be either 0 or greater than 1000. A CPI of 0 indicates that the alleged father is not the biological father of the child
(exclusion). An exclusion Is indicated by the presence of two or more loci with P1=0. In contrast, a CPI of greater than
t 000 (the laboratory standard) is consistent with the alleged father being the biological father of the child.
The probability of paternity is then calculated from the CPI. This results in either a probability of paternity of 00!0 for
patemity exclusions or greater than 99.9% for paternity inclusions.
V.1 v
Genetrock 6iaicbs is Accredited by the Standords Council of Condo to tS017025 Testing Laboratory Standards.
Accredited by the American nssoctation of Blood Bonks.
Participating Laboratory of the College of American Potholo s Parentage Testing Proficiency Program
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JENNIFER JUMPER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 11 - CIVIL TERM ..g3 = -i
ALEX JASON ELLIS ands M
RYAN SWARTZ, : CIVIL ACTION - PATERNITY %.c?
Defendants, p -?
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NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled below. If you fail to do
so, the case may proceed against you and a final order may be entered against you granting the
relief requested by the plaintiff.
Plaintiff and Defendants are directed to appear on the Q 9?tia.y of 52011
at g' 30 A.m. At the hearing, the Judge will determine paternity in relation to the child,
Alyssa Paige Ellis. %D-- 4&? A-? -%4r- a- -
Plaintiff shall serve original process along with the within Order upon Defendants in
accordance with Pennsylvania Rules of Civil Procedure 1930.6.(d) and 1930.4.
BY THE COURT:
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conferences or hearing.
an Swa&z
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Marie Bayley, ? 10jq/ t t
JENNIFER JUMPER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 11 -y 830 CIVIL TERM
ALEX JASON ELLIS and
RYAN SWARTZ, : CIVIL ACTION - PATERNITY
Defendants
FINAL ORDER
AND NOW this ?p day of 2011, it is hereby
adjudicated that Alex Jason Ellis is the biological and legal father of Alyssa Paige Ellis, born
January 13, 2004.
BY THE COURT:
Hon. M. L. Ebert, Jr.
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