dissenting:
For the reasons ably stated by Judge Shertz in his concurring and dissenting opinion in Gordon v. Gordon, 293 Pa.Superior Ct. 491, 439 A.2d 683 I am of the opinion that *563appellee’s application to proceed under the Divorce Code of 1980 required the exercise of a sound discretion by the trial court. This implies the necessity for a hearing. In the instant case, no such hearing was held. Therefore, I would remand for hearing consistent with Judge Shertz’s concurring and dissenting opinion in Gordon.