IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR THE COUNTY OF KING

Ben Livingston           vs. Advance Resorts of America, Inc.

Case No.: 01-2-25203-8 SEA Date for Court Decision: February 11, 2002

On January 29, 2002 I was served with Advance Resorts of America's brief. This was not at least fourteen days before the Date for Court Decision. In the interest of informed adjudiction, I ask that the Court accept Advance Resorts of America's brief and this response to it.

Mr. Olsen, President of Advance Resorts of America, claims that his company did not receive my Notice of Small Claim at their corporate headquarters in Oregon nor at the address of their Registered Agent in Washington.

As noted in my original written testimony, after calling Advance Resorts of America's La Conner office on May 25, 2001, I was transferred to Mr. Olsen. This led me to believe his office was in La Conner. After receiving Mr. Olsen's brief on January 29, I called Advance Resorts of America's La Conner office and spoke with an operator.

"Hi. You're in La Conner, right?" I asked.

"Ya," the operator responded.

"Okay, can you tell me if Steve Olsen has an office there?'

"Ya, he works here."

"So if I mail something to 420 Pearle Jenson in La Conner, Steve Olsen will get it?"

"Ya," he replied.

If Mr. Olsen honestly did not receive my Notice of Small Claim -- even if Advance Resorts of America was served properly as per RCW 4.28.080(10) -- I ask the Court to dismiss the case without prejudice so that I may refile it and properly serve notice. However, it's possible that Mr. Olsen did receive my notice and is only raising specious claims. I trust and await the Court's judgment.

Thanks, and I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the above statement is true and correct.

Ben Livingston