Having been submitted to the remaining judges who participated in the decision of this Court, it is hereby ORDERED that *606the petition for rehearing by the panel filed by the appellee in the above-entitled case is granted. The opinion and judgment entered December 26, 2018 are hereby vacated. The merits panel is reconstituted in light of the retirement of the Honorable Thomas I. Vanaskie. The Honorable Paul B. Matey replaces Judge Vanaskie on the merits panel.
As the merits panel has granted panel rehearing, no further action will be taken by the en banc court. The parties may file a new petition for rehearing after disposition of the matter by the reconstituted merits panel.