Abduction charges going to court
Charges have been bound over to Carbon County Court against a Palmerton man who abducted his 4-year-old daughter.
Timothy Simcsuk, 25, of Palmerton, was scheduled to have a preliminary hearing Wednesday before District Judge William Kissner of Palmerton.Instead, Simcsuk waived his right to a hearing, and will appear April 17 for a pretrial conference in the district attorney's office at the courthouse in Jim Thorpe.Simcsuk has been charged with interference with custody of children.He remains in Bucks County Prison in lieu of $250,000 straight bail.According to the affidavit of probable cause, Palmerton patrolman Christopher Ritter was dispatched to the area of Sixth Street and Delaware Avenue at around 6:10 p.m. Dec. 14 for a child abduction.Upon arrival, Ritter met with the caller, Lisa Fatzinger, the legal guardian and sole caregiver of her 4-year-old granddaughter.Lisa Fatzinger said she was outside her apartment building with the child, when Simcsuk suddenly appeared unannounced, and began a conversation.Fatzinger said she was concerned by Simcsuk's sudden appearance, because she was aware of the warrant, as well as prior attempts he had made to interfere with the child's custody.The child's mother is Fatzinger's daughter, Emily Fatzinger.Custody of the child was originally granted to Emily Fatzinger on June 11, 2010, by the Carbon County Court of Common Pleas.Scheduled visitation had been granted to the child's biological father, Simcsuk; however, Simcsuk had fled the state to avoid arrest on a bench warrant issued in Carbon County for a probation violation for DUI.On Oct. 17, Emily Fatzinger granted temporary guardianship of her child to her mother, while she is serving in Northampton County Prison on a drug conviction.On Dec. 14, Simcsuk asked to be allowed to play in the snow with the child, and Fatzinger attempted to stall him. She told police she tried to take the child inside by saying that the child needed warmer gloves first.Without warning, Simcsuk then grabbed the child and ran into and through the building, out the front door, and around to the side where his minivan sat parked, with the engine running and sliding side door open.Fatzinger chased Simcsuk and caught up to him at the van, where he pushed her to the ground and kicked her in the face. He then threw the child in the van and drove off through the alley.Immediate efforts to locate Simcsuk and the child were unsuccessful, and an Amber Alert was promptly issued.At around 10:50 p.m., Simcsuk was located at a Holiday Inn Express, just off the Pennsylvania Turnpike in Quakertown, where he was arrested on the bench warrant by state troopers from the Dublin barracks.At that time, Simcsuk said he had intended to take the child to Virginia, and that he had considered killing the child, and then himself, before ultimately choosing to surrender.The case sparked a statewide Amber Alert until the child was safely located and Simcsuk was arrested.In a separate incident, Simcsuk in June had taken the child and fled to California during a custody dispute.Ritter had personally spoken with Simcsuk during that dispute by phone, at which time Simcsuk candidly stated that he would not return to Pennsylvania with the child, as he intended to permanently remove the child from Emily Fatzinger's custody.He said he could not appear in Carbon County Court formally to petition for custody due to his outstanding warrant.That dispute was resolved when Emily Fatzinger flew to California and located Simcsuk, who willingly relinquished the child.