*1 PRESENT: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, VANASKIE and ALDISERT ROTH , Circuit Judges ^{[1] [2]} ORDER

A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered August 5, 2010, are hereby vacated.

By the Court, /s/ Theodore A. McKee Chief Circuit Judge Date: September 1, 2010

tyw/cc: William L. Charron, Esq.

Jeffrey A. Koziar, Esq.

[1] W ill participate as a member of the en banc court pursuant to 3d Cir. I.O.P. 9.6.4.

[2] W ill participate as a member of the en banc court pursuant to 3d Cir. I.O.P. 9.6.4.