LEGAL NOTICE - FRANKLIN BORO

LEGAL NOTICE - FRANKLIN BORO Notice is HEREBY given that the First Presbyterian Church of Franklin is seeking to Quiet Title by way of Summons and Complaint against the New Jersey Zinc Company, as follows: THE LAW OFFICE OF GLENN P. CELLA, ESQ. Glenn P. Cella, Esq. 17 Route 23 North Hamburg, New Jersey 07419 Attorney ID#002152010 908-688-2250 glenn@cellarodriguezlaw.com Attorney for Plaintiff, First Presbyterian Church of Franklin THE First Presbyterian Church of Franklin, Plaintiff, v. THE NEW JERSEY ZINC COMPANY, John Does 1-10 and Corporations 1-10, Defendant. Plaintiff, The First Presbyterian Church Franklin, with its location at 11-13 Main Street, Borough of Franklin, County of Sussex, State of New Jersey, by way of Complaint to quiet title against the Defendants, says: INTRODUCTION This action seeks to quiet title to the subject property.On or about January 13, 1903, The Presbyterian Church of Franklin, a religious society incorporated in the State of New Jersey, obtained title to the property located at "Lots Nos. 60, 51 and 52 on the map of 'Fowler Hill Addition to Franklin Furnace, Sussex County, New Jersey," filed in the office of the Clerk of the said County of Sussex on March 4, 1903,…" now commonly known as 6 Oak Street, Franklin, New Jersey, Block 1301, Lot 10. Exhibit A. Within said Deed (Exhibit A), there is a provision specifically stating, "that if the said party of the second part, its successors or assigns, shall at any time hereafter occupy or use the land and premises hereby conveyed or any part thereof or shall permit or suffer the same to be occupied or used otherwise than for the parsonage or strictly religious purposes in connection with such church, the title and estate hereby donated, granted and conveyed shall be forfeited and become void, and said land and premises shall revert to end the title thereto shall revest in the said party of the first part, its successors or assigns, to re-enter said land and premises and thereafter hold the same as the former estate of the said party of the first part therein."The plaintiff wishes to obtain clear title and remove the terms referenced in 3 herein and within the original Deed from 1900. The plaintiff has attempted to contact The New Jersey Zinc Company (the "Company"), its successor and assigns, via telephone and email to discuss and remedy the title issue stopping the transfer of said parsonage house to other parties. Through research, it has been determined that The New Jersey Zinc Company thrived in the period from 1897 to 1966, at which time it merged with Gulf+Western Industries. The Company continued to operate as a subsidiary of Gulf+Western until 1981, when a management-led buyout acquired it under the name of Horsehead Industries.The New Jersey Zinc Company remained a subsidiary of Horsehead Industries until 1987, when Horsehead merged it with St. Joe Minerals, a Missouri lead and zinc producer, to form Zinc Corporation of America. The company suffered from worldwide record low prices for zinc in the early 2000s and filed for Chapter 11 bankruptcy in 2002. Sun Capital Partners purchased the company's assets in 2003 for $73.6 million and renamed it Horsehead Corporation which currently produces zinc products processed from recycling and steelmaking waste. See Exhibit B, Release of Mineral Right, filed in the Office of the Sussex County Clerk in Deed Book 02782 at page 295. Additionally, Horsehead Industries, Inc., a Delaware Corporation, having had offices located at 110 East 59th Street, New York, New York 10022. COUNT ONE – ADVERSE POSSESSION The common law, which many states have codified, recognizes adverse possession as a way to acquire title to property. Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a set period of time which changes by jurisdiction. The state of New Jersey has recognized adverse possession of lands and premises under N.J.S.A. 2A:14-30 to 32, the right to acquire a right-of-way or other easement by continuous, uninterrupted use of someone else's land for a set period of time. Under the common law, this period of time was twenty (20) years. The essential elements of an adverse possession sufficient to create title to land in a claimant are that the owner is ousted of possession and kept out uninterruptedly for the requisite period of time by an open, visible, and exclusive possession by the claimant, under a claim of right, with the intention of using the property as his own, and without the owner's consent. Horsehead Industries, Inc. had previously entered into an Agreement with other property owners, Miklos Soos and Yolanda Soos, of 5 Avenue B, Ogdensburg, New Jersey, wherein the parties agreed that Horsehead Industries, Inc. would continue to maintain the "mineral rights" to the property and the property owners agreed: "THE parties of the second part, their respective heirs and assigns, by accepting this deed and without executing same, hereby further covenant and agree to and with the said party of the first part, its successors and assigns, as follows: (1) THAT the parties of the second part [Soos], their heirs and assigns, shall not and will not occupy or use, or permit the lands hereby conveyed, or any part thereof to be occupied or used for saloon or hotel purposes, or for any unlawful purpose whatsoever. (2) THAT the parties of the second part for themselves, their respective heirs, executors, administrators and assigns, hereby covenant and agree to and with the party of the first part, its successors and assigns, that they will not use the said premises or any part thereof except for private residence purposes, only. (3) THAT each and every of the covenants of the parties of the second part in this deed contained shall run with the land and may be enforced by means of injunctive or other proper proceedings. AND in part consideration of the conveyance of said lands and premises, said parties of the second part for themselves, their respective heirs, executors, administrators and assigns, agree to waive and do hereby waive, and forever release the party of the first part, its successors and assigns, from all claims for damages to the said lands or premises or to the occupants thereof, and all causes of action, if any could now or hereafter exist, by reason of the manner in which the party of the first part has conducted, or in the future by itself, it successors or assigns, may conduct mining or manufacturing operations in the said Borough of Ogdensburg, or its vicinity." See Exhibit C. Plaintiffs have operated and the property as a residential property since the date of first ownership, own without interference by the Defendant. Plaintiffs maintain that the Defendants have no claim, interest, right or title to the aforementioned lands, and a cooperative release of the property so that the Plaintiffs may sell the "parish house" is within the day-to-day actions of the Defendant. Further, the Defendant, Horsehead Industries, Inc.'s deed to the Plaintiff, now inhibits the Plaintiff from selling the property and providing clear title.Moreover, Plaintiff's title to such lands, or part thereof, is denied or disputed by the Defendants who claim to have an interest in same or part thereof, and some interest therein, and they seek to use same against the interest of the Plaintiffs. This action is brought pursuant to N.J.C.R. 4:62-1 for a quiet title complaint to enforce plaintiff's right, title, and interest for the aforementioned premises. WHEREFORE, Plaintiff, The First Presbyterian Church of Franklin, hereby demands judgment: That the Defendants have no title to, nor interest in, nor encumbrance upon, such lands. That the Plaintiff has good and valid title to such lands and premises. For damages associated delay in the sale and transfer of the property. For costs associated with this matter.For attorney's fees.For such other relief as the Court deems just and proper. VERTIFICATION OF COMPLAINT I have reviewed the aforementioned Complaint and it is true and accurate to the best of my knowledge, information and belief. This action is not brought for the purposes of harassment or other improper purpose. THE LAW OFFICE OF GLENN P. CELLA, ESQ. Glenn P. Cella, Esq., Attorney for Plaintiff, First Presbyterian Church of Franklin Dated: March 1, 2026 DESIGNATION OF TRIAL COUNSEL In accordance with Rule 4:25-4, you are hereby notified that Glenn P. Cella, Esq., of the Law Office of Glenn P. Cella, LLC, is assigned to try this case. CERTIFICATION PURSUANT TO RULE 4:5-1 Pursuant to Rule 4:5-1, I hereby certify that I have no knowledge of any other pending actions or proceedings concerning the subject matter of this action. It is not anticipated at this time that there is any other party who should be joined in this action. THE LAW OFFICE OF GLENN P. CELLA, ESQ. Glenn P. Cella, Esq., Attorney for Plaintiff First Presbyterian Church of Franklin I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). LAW OFFICE OF GLENN P. CELLA, ESQ. Glenn P. Cella, Esq., Attorney for Plaintiff First Presbyterian Church of Franklin Dated: March 31, 2026 **Requests for the Exhibits can be made to: Glenn@cellarodriguezlaw.com April 2, 3, 4, 5, 6, 7, 8 2026 LNYS0490676 $1010.10