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RONALD J. THUMMA, , IN TilE COURT OF COMMON PLEAS
Plaintiff :
CUMBERLAND COUNTY. PENNSYLVANIA
VS. CIVIL DIVISION
:
KAREN M. THUMMA, : NO. 96-1391 CIVIL TERM
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under 53301(c)
3301(d)ll) of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Certified/
Restricted delivery on March 18, 1996 (See Acceptance of Service in Court
J. Complete either paragraph la) 0= Ibl.
la) Date of execution of thc affidavit of conscnt required
by SJ10llc) of the Divorce Code: by plaintiff November 20, 1998
by defendant November 20, 1998
(bl(l) Date of execution of the
affidavit requircd by
: 121 Date of filing
S33011d)
of the Divorce Cod~:
and
service of the plaintiff's affid~vit upon thc r~spondent:
4. Related claims pending:
NONE
5. Complete either (a) or (bl.
(a) Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice in 5330l(c) Divorce was
filed wi th the Prothonctary: November 20, 1998
Date defendant's Waivcr of Notice in 53301(0) Divorcc was
f i.1ed with the Prothonotary: December ] , 1998
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CERTIFICt'TE OF SERVICE
I hereby cerrify that a true copy of the foregoing Notice and Complaint in Divorce WIIS served
on Defendant, by First class mail, postage prepaid, Certified mail, restricted delivery. by furwarding a
true and correct copy unto:
KlIren M. ThuRlRllI
350 Mliunlllln View
Mt. Holly Sprilllls, PA 17065
Dated: -;/'1
,1996
,
: ".-,J I~,
James J. Kllyir, 1~~If:
Liberty Luft '
Cj
4 Liberty A venue
Carlisle.I'A 17111]
(717) 24:1-7922
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
I. RolNrt IUcker. II
DIVorce Master
Treel .10 Colyer
Office Manager/Reporter
We.' Shoro
691-0371 Exl 6535
3amee 3. Kayer, Esquire
KAYER , BROWN
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
April 20, 1998
Marcus A. McKnight, III, Esquire
IRWIN, McKNIGHT' HUGHES
60 West Pomfret Street
Carlisle, PA 17013
RE: Ronald 3. Thumma vs. Karen M. Thumma
No. 96 - 1391 civil
In Divorce
Dear Mr. Kayer and Mr. McKnight:
By order of Court of President 3udge George E. Hoffer
dated April 15, 1998, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on March 14, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
On M~rch 19, 1998, the Plaintiff filed an affidavit under
Section 3301(d) of the Domestic Relations Code averring that the
p^rties separated on or about February 13, 1996, a period of at
least two years. The Defendant, wife, filed a counter-affidavit
indicating she did not oppose the entry of a divorce decree but
that she wished to claim economic relief. On April 9, 1998,
wife filed a petition raising the economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fees
and expenses.
Inasmuch as grounds for divorce do not appear to be an
issues, I am directing each counsel to file a pre-trial
statement in accordance with P.R.C.P. 1920.33(b) on or before
Friday, May 15, 1998. Upon receipt of the pre-trial
statements, I will immediately schedule a pre-hearing conference
.
Mr. Kayar and Mr. MCKnight, Attorneys at Law
20 April 1998
Paa. 2
with counsel to discuss the issues and, it necessary, schedule a
hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are .et forth in subdivision (c) and (d) of RUle 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
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II'
RONALD J. THUMMA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CDUNTY, PENNSYLVANIA
NO. 96 - 1391 CIVIL
:
vs.
KAREN M. THUMMA,
Defendant
: IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, July 17, 1998
Present tor the Plaintiff, Ronald J. Thumma, is
attorney 3ames 3. Kayer, and present tor the Defendant, Karen M.
Thumma, is attorney Marcus A. McKnight, III.
A divorce complaint was filed on March 14, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. Counsel have indicated that the parties will sign and
tile affidavits of consent so that the divorce can be concluded
under Section 3301(c) of the Domestic Relations Code. On March
19, 1998, the Plaintiff tiled an aftidavit averring that the
parties separated on ~tebeE 13, 1996, a period in excess of two
years. Wife filed a counter-atfidavit on April 18, 1998, and on
April 9, 1998, wife filed a petition for economic reliet raising
the economic claims ot equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
Counsel have indicated that we may have an issue on
the factor of marital misconduct as that tactor may affect
wife's alimony claim. We are going to schedule a separate
hearing on that issue and counsel are directed to provide each
other a list of witnesses they intend to present at that hearing
at least a month prior to the hearing date.
The parties were married on February 5, 1977, and
as noted, separated on February 13, 1996. They are the natural
parents of two children, Jeremy, born October 15, 1977, and
Becky, born July 10, 1981.
Husband is 45 years ot age and resides at 165
Church Road, Carlisle, Pennsylvania, where he lives with the
daughter Becky. He is a high graduate and works as a laborer
for Cincinnati Milacron. He reported his earnings at $15.00 per
hour and the Master requests that his income information be
provided at time of the hearing. He is currently receiving
child support from his wife in the amount of $39.00 per week for
the daughter Becky. Husband has medical insurance coverage
through his employment. Husband has not raised any health
issues.
wife is 41 years ot age and resides at 1401 Creek
Road, Boiling Springs, Pennsylvania, where she lives with her
parents. wifs is a high school graduate and waitresses at Coast
to Coast where she earns $6.00 per hour. There is a question
raised by husband as to the possibility that wite should have
higher earnings and Mr. Kayer, betore doing an evaluation by a
vocational enpert, has requested that Mr. McKnight provide him
with job history intormation of wite to determine if he wants to
pursue the claim that wife has an earning capa~ity of more than
$6.00 per hour. Mr. McKnight indicated that he is willing to
stipuate to the earning capacity tor wife at the earnings that
she is making as a waitress at Coast to Coast. wife has been
diagnosed with mulitple personalities and is under the care of
Dennis Graybill from Guidance Associates. She does not have
medical insurance available through her employment and Mr. Kayer
is going to find out the cost of COBRA benefits for wife through
husband's employer which would be effective upon the entry of a
divorce decree.
The parties do not own any real estate but have a
1995 Fleetwood mobile home at 165 Church Road, Carlisle,
Pennsylvania. The mobile home is going to be appraised as wife
thinks it has more equity than husband believes, considering
that husband is taking the position that the mobile home has
probably depreciated since the time of purchase in 1994. The
mobile home is encumbered with a lien from PNC Bank and we will
need to know the payoff on that loan.
The parties split the checking and savings account
valued at $900.00. However, those funds should be added into
the marital estate for equitable distribution with each party
being charged with having received $450.00.
Husband had a 1988 Chevrolet vehicle which he
traded in after separation but the parties and counsel will
stipulate that it had a value $l,OOD.OO. Wife has a 1994
Chevrolet Corsica which the parties have not valued and which is
encumbered. The Master indicated that we will need a net value
and counsel are going to have it appraised and provide
information on the payoft of the loan against the Corsica to
arrive at a net value.
Husband's pension with Cincinnati Milacron is going
to be valued by wife's counsel to determine a present value.
Counsel know that they do have the option of distributing the
pension through a QDRO. It is noted that part of the pension
was earned prior to the marriage and obviously a coverture
fraction, if we use a QDRO, will be satistactory in distributing
the marital portion.
The parties had insurance policies which were
cashed in, husband receiving $1,800.00 from his policy and wife
receiving $875.00 trom her policy. Those dollars are to be
added into the marital estate tor purposes of the equitable
distribution computation.
Essentially the household tangible personal
property has been distributed with the exception of a few items
which wife would like to have given to her by husband and wife
is going to provide a list to see if husband is willing to turn
over those particular items to wife. otherwise, we will not use
any values in the equitable distribution computation for the
household tangible personal property.
The marital debt includes the lien on the mobile
home and the car loan on the Corsica as well as a consolidation
loan with PNC Bank. At the time of separation husband
consolidated the VISA, Mellon Bank, and Ward loans totalling
$7,374.54 and is now making one payment to PNC Bank. Assuming
that husband has made the payments since separation and is going
to be obligated for the balance of the debt, husband is entitled
to receive some credit on account of the assumption of all of
the marital debt.
A hearing is scheduled on the factor of marital
misconduct as that factor may affect wife's alimony claim for
Thursday, November 19, 1998, at 9:DO a.m. Notices will be sent
to counsel and the parties.
A hearing is scheduled to take testimony on the
factors other than marital misconduct and on the identification
and valuation of assets for Thursday, 3anuary 14, 1999, at 9:00
a.m. Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: James J. Kayer
Attorney for Plaintiff
Marcus A. McKnight, III
Attorney for Defendant
RONALD J. THUMMA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 1391
vs.
KAREN M. THUMMA,
Defendant IN DIVORCE
: CIVIL ACTION - LAW
ORDER AND NOTICE SETTING HEARING
TO: Ronald J. Thumma , Plaintiff
James J. Kayer , Counsel for Plaintiff
Karen M. Thumma , Defendant
Marcus A. MCKnight, III Counsel for Defendant
.
You are directed to appear for a hearing to take
.
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 19th day
of November . 1998, at 9:00 a.m.. at which
piace and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
.tr
,.'Q,.
Pres iden t Judge
Date of Order and
Notice: --1.1.12/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER uf< CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FOHTII BELOW TO FIND OUT WHERE YOU CAN
GET LEGA L HELP.
CUMBEHI.MJ" ,"JlJNTY BMl ASSUCJATl<lN
" LIBERTY AVENIJE:
,',\1', I~;I.I':. i'A 17011
TFIFI'II"NF (11'/) 24')-111,"
· Testimony will be limited to the factor of marital misconduct
as that factor may affect wife's alimony claim.
"
'.
RONALD J. THUMMA,
Pla in tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 96 - 1391
vs.
CIVIL ACTION - LAW
KAREN M. THUMMA,
Defendant
IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
TO: Ronald J. Thumma , Plaintiff
James J. Kayer . Counsel for Plaintiff
Karen M. Thumma . Defendant
Marcus A. McKnight. III . Counsel for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 20th day
of November . 1998, at 9:00 a.m., at which
place and time you will be given the opportunity to present
~itnesses and exhibits in support of your case.
President Judge
Date of Order and
Notice: 7/30/98
By:
llivorce Master
iF YOU DO NOT HAVE A LAWYEIl Ull CANNOT M'rORD ONE, GO TO Oil
TELEPHONE THE OFFICE SET FOllTH BELOW TO FIND OUT WHEHE YOU CAN
GET LEGAL IIELP.
CUMBEHl.f,Nll COUNTY BAll ASSUC I AT I ON
.' 1.1BEHTY AVENUE
,'AIII.I~il,I':, "A 1'I0Il
TI-:I.II'II<JNI-: ('/17) 24') lib',
* Testimony will be limited to the factor of marital misconduct
as that factor may affect wife's alimony claim.
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mobil~ home. A ~opy of th~ purcha.~ invoic~ and mobile home installment sales ~ontmct havt' bt't'n
atlach~d ht'reto.
III. INTANGIBLE PERSONAL PROPERTY
A. Bank Accounts. At the time of the panies' separ.uion, tht'y posses.~d checking and savings
aCCOWlls that were divided to their mutual satisfaction.
B. Insurance Policies. The Defendant had a whole-life insurance policy thllt she cashed in for
value of approximately $875.00 at about the time of the parries' sepamtion. TIle Plaillliff had a whole
life insurance policy through Prudential that he cashed in for $ 1,800.00 at the time of sepamtion.
C. Plaintiff's Pension. The Plaintiff has earned a defined benefits pension plan incident to his
employment with Cincinnati "'liIacron. The Plaintiff's employment with Cincinnati Milacron predated
the marriage as he has worked for Cincinnati Milacron since April 16, 1973.
IV, TANGIBLE PERSONAL PROPERTY
At the time of the parries' separation. they pos.'lessed two (2) motor vehicles. TIle 1994 Chevy
Corsica remained in the possession of the wife. The 1988 Chevrolet Celebrity in husband's pos.'lession
was trdded in shorrly after the parries' separation. The parries also possess a substantial amount of
household furnishings which have been divided between the parries. It is assumed that the parries will
stipulate and agree that the division of these furnishings and household items have been to the parries'
satisfaction and that therefore, an appmisal of those items in each parties' pos.,ession will not be
necessary.
V. LIABILITIES
Upon the parries' separdtion, there were cenain signiticant marital liabilities that existed. These
liabilities are specified within the Inventory and Appmisement which has been attached hereto.
VI. WITNESSES
It is anticipated that Plaintiff willtcstify on his own behalf, He willtcstify with rcgard to all
relevant factors to a proper determination of equitablc distribution of thc marital propeny. as wcll as the
Dcfendant's claim for alimony. Specifically, the Plaintiff will testify as to the alleged marital misconduct
of the Defendant, to wit, her abandonment of the Plaintiff and the marital household to live with her
paramour at the time of the parties' scparation and her continued cohabitation with that paramour.
Plaintiff is aware of criminal charges that were established against the Defendant after tbe panies
sepaf'dled. Plaintiff believes that these charges stern from activities of tile Defendant that occurred during
the time that the parties were married and living together, as well as after the parries had sepamted. TIlc
Plaintiff reserves the right to specify additional witnesses with regard to the question of marital
misconduct should it become apparent that Wife will continue to pursue her alimony claim after the
Master has convened his pre-hearing conference. Plaintiff will also call his son, David James Thumma,
to testify as to his personal knowledge of wife's motives for leaving the marital home. as well a~ the
wife's living arrallgemellts and relationships upon her departure.
VII. EXPERT WITNESSES
It is not anticipated that the parties will need to call ,my experr witnesses. If it becomes
necessary to obtain a pension evaluation of the Plaintifrs pension, then it is presumed that the parries
will either stipalate to the value of the evaluated pension, or alternatively will present wiulesses who will
review their respective evaluations and cOllclusions with regard to the pension valuation. Due to the fact
that the Plaintiff cannot tap into his pensioll to receive a lump sum that could be distributed to the
Defendant, and given the fact that Plaintiff is no economic position to pay a lump sum distribution on
his own, he believes it would be most appropriate for the Ma~ter to divide his pension on a deferred
distribution basis.
VIII. EVIDENCE AND EXHIBITS
A. Copies of loans and loan balances;
B. Copies of the parries' bWlk records;
C. Copies of pay stubs;
0, Copies of documents relaring to the purchase of the mobile home and vehicles; and
E, Copies of documel1ls establishing the value of Plail1lifrs pension.
IX. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES AND DISTRIBUTION
The Plaintiff is requesting that the distribution of marital assets occur on a basis of a 50150 split
of the ovemll net worth of the marital assets and property. Plail1liff seeks ro maintain possession of the
marital home which has essentially no equity or value given the amount of the encumbrdllce upon it.
Plaintiff seeks credit for reimbursement for all marital obligations that he has satisfied since the parries'
separation. Plaintiff also seeks credit for any and all marital obligations that he will cOlltinue to pay into
the future. With regard to the Plaintiff's pension, he recoRllllends that this pension be divided on a
deferred distribution basis. The Wife's share of the pension should be reduced proporrionate to the value
of the those debts that Plaintiff ha.~ paid in order to achieve a true 50150 distribution. The covenure
fraction is 226/300 at present.
Although Plaintiff ha.~ a higher eaming capacity than Defendant, the Plaintiff anticipates
maintaining custody of the parries' miller child until she reaches majority. Plaintiff also anticipates that
he will be de facto responsible for any collegiate costs or post-secondary school costs that will be
incurred by the parries' daughter, Becky, a.~ the Wife ha~ not shown any willingness to participate in any
sharillg of those costs and has only paid child suppon for Becky when she wa~ compelled to do so by
the Coun.
With regard to the issue of alimony, the Plaintiff believes that due to the marital misconduct of
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RONALD 3. THUMMA, IN THE COURT OF COMMON PLEAS OF
Plaintitf CUMBERLAND CDUNTY, PENNSYLVANIA
.
.
vs. NO. 96 - 1391 CIVIL
KAREN M. THUMMA,
Defendant . IN DIVORCE
.
THE MASTER: Today is Friday, November 2D, 1998.
This is the date set for a hearing in the above captioned
divorce proceedings to take testimony on the tactor of marital
misconduct as that factor may affect wife's alimony claim.
Present in the hearing room are the Plaintiff,
Ronald 3. Thumma, and his counsel 3ames 3. Kayer, and the
Defendant, Karen M. Thumma, and her counsel Marcus A. McKnight,
III.
The Master has been intormed that after
negotiations the parties have reached a comprehensive agreement
to resolve all outstanding claims in this case.
A divorce complaint was filed on March 14, 1996,
raising grounds for divorce ot irretrievable breakdown of the
marriage. Although an affidavit under section llOl(d) was
previously filed by the husband, the parties have indicated that
they will sign aftidavits of consent and waivers of notice of
intention to request entry of divorce decree so that the divorce
can be concluded under section llOl(c) of the Domestic Relations
Code.
On April 9, 1998, wife filed a petition raising
economic claims ot equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
The agreement that is going to being placed on the
record today will be considered the substantive agr~ement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during the
transcription. Counsel and the parties are going to return
later this morning to review the draft of the agreement as
placed on the record and make any correction of typographical
errors as required. The partie. and counsel will sign the
agreement as way of an affirmation ot the terms of settlement
which are going to be placed on the record at this time.
The parties were married on February 5, 1977, and
separated on February 13, 1996. They are the natural parents of
two children, 3eremy who is emancipated, and Becky who is a
minor living with the father.
After the parties have atfirmed the agreement a~
placed on the record by signing the agreement later today, the
Master will prepare an order vacating his appointment and
counsel will then be able to file a praecipe transmitting the
record to the Court along with the atfidavits and waivers
requesting a final decree in divorce. Mr. McKnight.
MR. McKNIGHT: In a full and comprehensive
settlement, the parties have reached the following agreement:
f
I
t
1. Husband will immediately turn over to wite three (l)
items of personal property being a teapot given to the
Defendant by her grandmother, the hutch cupboard, and a
picture given as a gift to the Defendant by her mother.
The Detendant will waive all interest which she has in
all of the other marital personal propert~ and the mob~le
home and all bank accounts, automobiles, all other assets
owned by the parties to the Plaintiff in this case,
except tor her interest in the pension as will be set
forth in this agreement.
2. In return the Plaintift agrees to pay on or about January
14th 1999, the sum ot $l,500.00 to the Defendant.
If the Plaintiff is not able to provide to the Defendant
the sum of $l,500.00 as set torth in this agreement, the
parties agree that they will renegotiate the payment of
the sum with the Master's help if appropriate.
3. The Plaintiff will also assume all marital debt and hold
harmless the Defendant and indemnify her from any claims
for any debt related to the marriage of the parties
whether the debt is currently in both names or individual
names.
4. In addition, Plaintiff agrees that on this 20th day of
November 1998 he will file the necessary documents to
terminate this date the support order for the minor
daughter and waive any claim tor any arrearages
and any orthodontic bills remaining outstanding on this
20th day ot November 199B.
It is understood that any payments already deducted from
the pay of the Defendant will be considered as
legitimate support to the Plaintiff provided that the
necessary documents are filed today at the Domestic
Relations Office.
5. with respect to the pension, the parties agree that on
the date of the marriage, being February 5, 1977, husband
was employed with Cincinnati Kilacron and has accrued a
pension tbroughout the marriage until February 13, 1996.
The parties agree that 228 months of the period that
Plaintitf has been employed and accruing pension benefits
are considered as the marital portion subject to
distribution.
The parties further agree that Defendant will be entitled
to 60' of that 228 month portion of the retirement
benetits as well as any death benefits and that will be
done by a QDRO which the Plaintiff will cooperate fully
with Detendant's counsel in drafting and filing with the
Court.
6. It is also understood today that the parties will sign
the necessary affidavits to complete the divorce in order
for the Master to vacate his appointment and immediately
finalize the divorce as soon as can be eftectively done.
(A discussion was held otf the record.)
7. We just had an off the record discussion about a
Chevrolet Corsica automobile that was the wife's
responsibility. It was repossessed shortly atter the
parties separated and no claim has been made for the past
approximate year, year and a half, but the Detendant is
agreeing that if any future claim is made regarding any
deficiency for repossession of the Corsica involving that
loan associated with the Corsica, that she will be
responsible tor it and hold the Plaintitf harmless
from any payment thereon.
8. It is understood that as part of this comprehensive
settlement, the Defendant has waived her claim for any
counsel fees and costs, and alimony in this case. The
Plaintiff likewise waives any claim which he may have
made against her for any costs, counsel fees, or alimony.
9. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or
she may now have or hereatter acquire under the present
or future laws ot any jurisdiction to share in the
property or the estate ot the other as a result ot the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver an~ relinquishment of all such
interests, rights, and claims.
MR. KAYER: Ron, were you present as Hr. McKnight
discus.ed the terms ot the settlement?
MR. THUMMA: Yes.
MR. KAYER: Do you understand the terms ot the
settlement as he described them?
MR. THUMMA: Ye., I do.
MR. KAYER: Are the terms of the settlement
acceptable to you?
MR. THUMMA: Yes.
MR. McKNIGHT: Karen, are you able to understand
tOday what we have just discussed and placed on the record
involving this comprehensive settlement?
MS. THUMMA: I think I understand what you're
saying.
MR. McKNIGHT: You think you understand? Do you
absolutely understand what's going to be happening?
MS. THUMMA: I understand that we are going through
a divorce proceeding and we are going to settle everything
squarely.
MR. MCKNIGHT: And it's done today?
MS. THUMMA: Right.
MR. McKNIGHT: And you've had an opportunity to
discuss this settlement before we placed it on the record and