dissenting:
I dissent. The record in this case discloses that the lower court granted Appellee’s application to proceed under the Divorce Code of 1980 solely on the basis of said application, the parties’ briefs and oral argument. Appellee’s application, in pertinent part, merely averred that Appellee was the defendant in a pending divorce action, that the Master’s report had not yet been published and that defendant “desires the aforesaid matter be concluded under the Divorce Code, effective July 1, 1980.” No hearing was held and no facts were placed on the record, by stipulation or otherwise, which would permit the court below to properly exercise its discretion, as this Court has held it must. Gordon v. Gordon, 293 Pa.Super.Ct. 491 at 510, 439 A.2d 683 at 692. I would therefore remand for a hearing consistent with the requirements set forth in my concurring and dissenting opinion in Gordon v. Gordon.