The district attorney of Schuylkill County has filed a petition in the county court seeking removal from office a member of the Coaldale Borough Council.

The action was started by District Attorney Karen Byrnes Noon versus David J. Yelito, of 202 W. Phillips St., who has served as a councilman in the borough.

In the Primary Election last May 21, Yelito won the nomination on the Republican ballot to seek re-election in the November General Election.

Noon states in the suit she is bringing the action after receiving numerous complaints from the residents of the borough and after investigations conducted by her detectives.

The action is brought under a quo warranto and raises the issue to have Yelito respond whether he has the right to hold office under the rules of the state constitution, which states that no person hereafter convicted of embezzlement of public monies, bribery or perjury or other infamous crimes shall not be eligible to hold a public office.

Under the quo warranto action the district attorney states by establishing any one of three items: That the person sought to be ousted from his office who has been convicted of a crime; that the crime committed constitutes an infamous crime; and that the person holding an office of public trust had committed a violation of the Controlled Substance, Drug, Device and Cosmetic Act.

In the suit the DA is asking the court to remove Yelito from the office.