well after the first attempt to get my trans fixed that got side tracked by the rear end needing a rebuild, etc.
I am back at it again. So this is what it does:
once warm ~15 mins of driving, the trans starts to make a percolating noise (think coffee Pot), and it most noticeable around town, doesn't seem to have much effect if i hop on the highway and go for several hours and get off, but around town it starts to make the percolating noise and seems to increase with temperature. Also there seems to be a correlation with the noise and it acting stupid, it has trouble find gears under 30 mph, has even stumbled from rolling starts (~2mph) and not engaged into gear and just hesitated then slam into gear and i am off.

also seems to have a bit of a shudder in OD and on the 1-2 shift.
I can feel a pulsing of the percolation through both the t-case lever and the tranny shift lever. My suspicions lead me to think the torque converter is full of junk or broken. It seems against unlocking in certain situations (stop lights, higher speeds) and it stops making the noise when i turn the car off, but it continues for a half a second or so after i switch the ignition off, i think it takes that long for whatever was making the noise to stop spinning, etc.
also on a side note, what signs that someone may have put the wrong fluid type in?