Claims cosby performed forced her to perform sex act. Cosby representatives denied accusations or the women raising claims have been discredi discr. Cosby resigned from temple board of trustees after serving in that capacity for 32 years. The 77yearold comedian and actor has never been criminally charged in connection to the more than a dozen women who claim to have been drugged and or sexually assaulted by h him. Our email to his attorney this evening has not been immediately returned. In the meantime huth is claiming to have suffered Emotional Distress and shes discovered its impact on heroine the past three years and thats significant because that is what allowing her under california state law to file this lawsuit. Reporting live tonight in the sat center Todd Quinones cbs3 Eyewitness News. All right, todd, thank you. Heavy rain has been moving across the area tonight. Eyewitness news in eagleville, Montgomery County. Drivers there not deterred by the wet conditions. A similar scene in oaks, pa where the temperatures were warm enough to keep our roads from freezing. Meteorologist kathy orr has more now on whats happening and whats going to happen overnight. Kathy. Right now chris temperatures are rising in philadelphia. That is the good news. On storm scan3 you still see a little pink on the screen and that represents freezing rain that freezing rain advisory still in effect for the poconos until 1am. You can see the heavy rain moving across philadelphia and i95 corridor as temperatures continue to warm well see in rain even spread into the poconos. In the pock notice seeing visible reduced to three tenths of a mile. Look to the south millville eight tenths of a mile. Half mile in wildwood. Well be seeing areas of fog overnight. Please be aware of that. No weather issues as far as the temperatures concerned from philadelphia south and east. Atlantic city at 50. The poconos still sitting at 33 degrees. That Winter Weather advisory will continue as i mentioned for the poconos for the rest of us just seeing some plane old rain. We did see some icy conditions throughout this evening and doylestown reading and pottstown we have seen that precipitation change over to just the liquid form. Coming up well talk more about the temperatures rising when the sun will return and more rain with another fast moving system thats coming up with the seven day later in the broadcast. Kathy, thank you. Breaking news coming to us out of new castle county, delaware. Where the coast guard is searching for a moon who fell into the christina riff. 25yearold Emmanuel Gatling and two other crew members fell from barge near the port of wilmington around 6 45 tonight. The other men resurfaced. But gatling did not. Local fire boat crews are assisting in that search. We are hearing exclusively tonight from the roommate and cousin of missing West Chester University student Shane Montgomery. He was last seen leaving kildares pub in morning 81 early thanksgiving morning. Hes now been missing for six days. Eyewitness News Reporter david spunt is live in manayunk. Jessica weve known from the beginning Shane Montgomery was with other people before he disappeared tonight were hearing from one of those people who tells us what it was like with montgomery just before he disappear. I would do anything to get him back. Reporter tim whitman says he was with 21yearold Shane Montgomery the night he disappear. He was in a good mood. We were out. We hit a couple bars and we werent like like he wasnt inn tock indicated or anything. Whitman is montgomerys first cousin and two were out celebrating both being 21 he says montgomery seemed fine. And would not just walk off a lone. Im helping out as much as i can if the bi needs me ill go down there. If the philly police need me ill go there. Im assisting in any way i can. Fbi agents and Philadelphia Police detectives are still working around the clock hoping to find a clue that will lead them to Shane Montgomery. We dont have any information at all that leads us to believe that theres any reason shane would voluntarily disappear. Reporter ryan, is shanes montgomery roommate. The two lived together at West Chester University. Yesterday i wept back with the fbi and we searched every nook and cranny of my apartment. Reporter he says being in the apartment without has friend is overwhelming. I broke down. I mean as soon as i walk if the door i couldnt handle it. Its unreal being in there without him. Reporter his two Close Friends insist there is more to the story. And theyre counting on it to come out in the open. Please, just speak up. Say anything. Somebody knows something and we need all the help we can get. Reporter montgomerys friend and family set up a website help find Shane Montgomery. Com you can find the latest on the search including printing out these missing posters seen around town. David spunt cbs3 oy witness news. David thank you knew tonight dramatic eyewitness cam video of a flaming car on the schuylkill expressway tonight. This happened in the eastbound lanes near the Spring Garden exit. Police blocked all lanes between Spring Garden and the philadelphia zoo exit. Now, no injuries were reported. The fire is now out. And all lanes are open. We do have new information tonight in a hepatitis scare. Eyewitness news has learned that children from Saint Raphael school in hamilton township, Mercer County may have been exposed. School lunches served there were provided by rosas restaurant and catering which is located on South Broad Street not far from the school. Well a kitchen worker at rosas became seriously ill with hepatitis a. That means that any customers who ate at that restaurant or ordered tack out recently are also at risk. Hepatitis a is not fatal but it is highly contagious. Clearly on food and that makes this case so significant because he was a food handler and the amount of people that went through the facility. Rosa has a very very good outstanding reputation in the area. We want to keep it that way. This is an unforeseen thing unfortunately. There is a vaccination for hepatitis a. Its going to be made available at a clinic held thursday if from 2 00 until 8 00 p. M. At the Colonial Volunteer Fire Company on kuser road. New at 11 00 night police say they found the car involved in a West Philadelphia hitandrun but the driver is at large. Police say that a man in his mid 20s was crossing at 59th and market last night when he was hit by a val vo stationwagon that then took off. The victim is in critical condition. Police tell us they have identified the man but they are not releasing his name. Now to new information in an iteam exclusive tonight spca officials are accusing a new jersey woman of abusing her horses. The charges against monica came a week after our exclusive investigation. Our reporter Charlotte Huffman went into her barn in swedesboro and found one horse that could barely stand on its own. Several people reported seeing horses in bad shape. And they blamed authorities for dragging their feet on an investigation that started more than a year ago. But now new jersey spca tells the iteam that all seven of thors horses are have been seized and taken to a new location. You might think this man is just unchaining his bike but look again. Hes actually unscrewing the bolts of the pole and then taking off with the bike. This theft was caught and tape on poplar street in Northern Liberties november 25th. Matthew ward says hes one of many cyclists in that neighborhood who have recently reported this type of bike swipe to police. Hes really good at it. He does it all the time. Thats what he does for a living. If its not septembered solid pole in the ground and it can be taken apart dont go near it. Anyone with information about the bike theft is asked to call Philadelphia Police. Appeal hearing for Adrian Peterson resumes in new york thursday. Proceeding got underway today. The Minnesota Vikings running back is seeking reinstatement after inform fl commissioner Roger Goodell suspended him for violating the leagues personal conduct policy. Peterson pleaded no contest for Assault Charges for hitting his fouryearold son with a thin industry branch. Congress weighed in on the issue of Domestic Violence involving professional athletes. Its a topic that caused a former Philadelphia Eagle to break down in tears during the senate hearing. Former nl play troy vincent played many a game as a Philadelphia Eagle. On tuesday the current nfl executive and trenton native got personal on capitol hal. Dough mystic violence was a way of life in my home growing up. I relate to the 20 million victims and survivors of Domestic Violence. Vincent was one of several representatives from the four major sports leagues answering lawmakers questions about Domestic Violence and pro athletes. Professional sports with very few exceptions have done little to hold those who commit this crime accountable. For many the focus was on former Baltimore Raven ray rice. As a father of two daughters, i found the graphic Security Camera footage of running back ray rice and this then fiance to be sickening. Vincent said the nfl was too lenient on rice. We failed. The commissioner failed to impose the proper discipline in ray rice case in the very beginning. All four leagues said their changing their policies including education for players. Major League Baseball is a social institution. And as our national pastime, has an obligation to set a positive example. Todays hearing comes four days after ray rice won an appeal of his indefinite suspension by the nfl. Rice is now free to play in the league in a new team science h him. Cbs news says native of Montgomery County is the leading candidate to become the nation next secretary of defense. Ashton carter is a former pentagon official who grew up in abington. If hes nominated and confirmed, carter would replace chuck hagel who resigned that office last week. Carter graduated from Abington High School in 1972. He was inducted into the diss trek hall of fame in 1989. I found the 1972 graduation program. He was one of the five class speakers. Which is quite an accomplish many it means that students at that time were impressed with his work. Carter serve as Deputy Defense second from 2011 to 2013. He is a physicist and also serve as the tent gones chief of technology and weapons buying. A dog is badly injured after someone open fire in a residential neighborhood. Well tell you why police say this is part of a bigger problem there. Eyewitness news investigates next. Kathy . Were watching this round of rain move across the delaware valley. Then well take a break. But more in the forecast this week and looking forward to some rain this weekend. Well have details on that with the seven day forecast coming up. Plus the story many to see before they go to bed tonight. New help for the millions of people who suffer from sleep apnea. The new device that could bring relief and a good nights sleep. I want it all and i want it now your toys want more. They need more. So get more guaranteed from verizon fios. Including your Favorite Movie channels, blazing fast internet and 400 back. All for this amazing price online, guaranteed for 2 years with a 2year agreement. So take the hint. And get more guaranteed today. Police searching for a gunman who hoped fire in a Delaware County neighbor. A bullet went through the neck of a dog. This story is unfolding on clinton road in upper darby. Eyewitness News ReporterTodd Quinones tells us police say this is part of a bigger probl problem. Reporter the bullet pierced through the dogs neck and the shooter agitated upper darby police. The thing that really bothers me the moron that did the shooting could have killed anybody. In this dead densely populated neighborhood on the 6900 block of clinton street, someone decided to open fire shooting debras dog mala. Went through her neck and came out through her cheek. This block is full of kids. She used her cell phone to document the dogs recovery at the animal hospital. She says the dog got out of her upper darby home friday after her husband accidentally left the back door unlock. Mala was in the back al whole a neighbor heard a gunshot around 2 30. Police say if someone was concerned about the dog they should have called animal control. Anything could have happened. You know, i mean you got to be a real idiot to do Something Like that. Reporter mala says has much more aggressive since being shot much shes now recovering after surgery. The 22 month old rotweiler pitbull mix was bleeding when a neighbor found her then brought her back home and called Police Friday afternoon. I just want justice. I want to know what happened. Police said it was pure luck no person was shot and killed. Its not clear who the shooter is. Or what their motive may have been to open fire. Reporting in upper darby, todd quinn nope for cbs3 Eyewitness News. New night president obama traveled to the National Institutes of health in maryland. The predatorred the lab there and also met with workers. He said ebola should remain a top national priority. The president congratulated workers highlighting the progress in developing ebola vaccine. On the health watch night a new option for the 18 until i dont know americans who suffer from obstructive sleep apnea. That is a disorder mark by snoring that causes people to temporarily stop breathing. A new surgically implanted device is now available from inspire which provided this video. It is a pacemaker like generator that has one sensor to detect breathing patterns and another that stimulates the upper airw airway. Dr. Carl with jefferson sleep center will be the first in the philadelphia area to offer that implant recently approved by the fda. Its a stimulator which essentially stimulates the throat muscles to expand opening the throat in sleep app knee patients. The implant is a new option for heel who cant use the standard treatment which is known as a c pap machine. The holiday spirit continues to light up the night in our area and really all around the country. One, two, three the animal capitol Christmas Tree lighting took place in washington dc earlier tonight. House Speaker John Boehner lit the tree on the capitols west front lawn. Tonight theres holiday feel at the shops at will be tee place in center city. The Christmas Tree there was it will tonight. Of course the big guy santa was on hand for the festivities and so, too, were dancers from the philadelphia dance academy. Now if you put on a light show of your own for the holidays we would love to see pictures of it. You can send them to us. Either through social media using the cbs3 holiday lights or through our website cbsphilly. Com. Temperatures are warming across the delaware valley. Not feeling too hold say like but it will be if we wait a few days. Take a look at some of these numbers across the bore. Well start off in south jersey near the shore. Tuckerton 51 degrees. Tim is reporting in some rain showers but mild there. Southerly winds will be warming us up during the overnight. You can see in mt. Laurel, 42 degrees. In the area between mt. Laurel and collingswood 42 there. With a few sprinkles. To the north and west a little bit cooler. 37 degrees rising in gilbertsville. Eileen says its raw with a few showers throughout the evening. The rain and very cold even though the temperatures are rising. One place i want to take you to well to the north as we head toward the poconos 32 degrees in saylorsburg and keith is saying a slight coating of snow and ice from earlier. Keith eventually you will be seeing that rain as well. If you love the weather and you want to be featured in our newscast become an it witness weather watcher government to cbsphilly. Com watchers. Areas of fog becoming an issue in some parts. In Center City Philadelphia our beautiful skyline is obscured with the fog. But its worse as you head towarded millville less than half mile visibility. You can see on storm scan3 we have some rain heavy rain messing across the river into south jersey right now. Some showers, some fog will linger into the over into the hours. The poconos will see a little bit more in the way of freezing drizzle before temperatures warm well above freezing. That Winter Weather advisory in effect for icy spots until 1 00 oclock in the morning. Tomorrow for the poconos. Right over 32 degrees in the poconos in allentown 37. But look at theism 95 corridor. Well into the 40s and will continue to rise during the Early Morning hours. Even pottstown and quake consider town in the upper 30s. Willow grove and northeast philadelphia at 44 degrees. During the day tomorrow, southwesterly winds continue to warm up. Well be well into the 50s. And just a few scattered spotty showers during the day. Watch this cold front move through and everything changes. It gets cooler. It gets drier but it gets sunny. Thursday will be our real sunny day. The only one in the seven day with temperatures will be falling back into the mid fours little bit of an improvement on friday the clouds role in and another fast moving weather maker will bring rain by late friday night. A few shot tee showers tomorrow. Just a mostly cloudy sky throughout the day. A few showers here around the noon hour and skies begin to clear it will be clear and cold tomorrow night. Overnight, though, well see those showers come to an end. Temperatures rising from a low of 43 in philadelphia. During the day wednesday a few spotty showers otherwise the big story is the warmth with temperatures well above average. The High Temperature 56. On the exclusive eyewitness weather seven day forecast, youll see temperatures little chilly for thursday and friday. Saturday a rainy day. A really good day to be inside. Any sports activities planned good chance they could be canceled because of this. Morning rain sunday. Monday 52. And then tuesday 48 with windy but dry conditions. You can get your updated forecast any time with the cbs philly weather app. We expect a busy winter so check the radar. Get Severe Weather alerts and share storm pictures. Download the app now. Something tells me you guys will be pretty busy in the coming months. All righting starting ofall y starting off with a bank. The super bowl champs coming to town this week. It will be fun to see the personalities we enjoyed in the super bowls. The matchups will be interesti interesting. Dan gone graham transformin trao a linebacker taking on marschon lynch and his deciding between buying food and health care is something else. Healthy pa is now here to help, with namebrand Health Insurance that costs as little as a few basic groceries. If youre uninsured, call or apply online today. Inside a car designed we pto connect yous you love. To a world of possibilities. The connected car by volvo. Innovating for you. Give the gift of volvo this season and well give you your first months payment on us. Ive been talking about matchups for the seattle game on sunday. Eagles practiced today getting ready for that showdown at the linc. The super bowl champ seattle in town. Eagles have one of the tough scoring offenses in the league. They will go against the number one ranked defense. So points may be difficult to come by on sunday. Theres a difference between, you know, our offense going nibbles and our offense against seattle. You realize this is probably going to be defensive struggle. We dont expect our offense to go and put up 35 points on the defense. All right. We have lesean. Chef marschon lynch. He is relentless. Punishly runner who look forward to stiff arming guys who come and try to tackle him high. The birds have to tackle him low and game tackle. Brandon graham who adapted the eagles defense cash remarkablely talk about facing lynch oneonone. Whoa that guy marschon got smack. laughter . Thats whats going to happen. What i did today. I mean, hopefully hopefully it do. Hopefully that moment does come. I mean im sure im sure he will. Im sure he going to probably tap me, good hit, man. All right. The flyers tonight at san jose looking to end a seven game road losing streak. Vinnie la cavalier benched for the first time in his career. First period flyers on the power play and scott lorton with the pass to sean who shoots and scores. First time this season the flyers scored the goal in a road game right now they lead one to nothing in the Second Period of play. And Martin Brodeur isnt ready to hang up his goalie mask just yet. Hes 42 years old. Signed a oneyear deal with st. Louis after playing 21 seasons with the devils leading them to three stanley cups and holding the most of the regular season goaltengoaltending records perhe great testify of all time. Placing many thorns in the flyers side over the years. Beasley, thank you very much. We have some phillies news of sort. Kind of. Yes. Phillies pitcher putting his place on the mark. Weve got details on the lucks serious listing next. Phillies pitcher Jonathan Papelbon looking for a new place to call home. He put up his condo on the mark. Pretty nice pad. Take look. Asking price at 1706 written house is 6. 9 million. That is more than 2 million over what he paid for this back in 2012. The condo has four bedrooms, 3. 5 bathrooms and it takes up an entire floor in that very exclusive building. Where is he going . Well be right back. My one word to describe ac would relaxing getaway fun unique beautiful serenity shenanigans refreshing shopping surprising happy place you know what i mean . I want to say friendly. Exhilarating adventure the boardwalk nosleep its a great weekend. There is so much to do here. Its so great to have it so close. Its just a great location, a great place to be. We love atlantic city. Well we thank you for watching Eyewitness News at 11 00. Were back in the morning at 4 30 with Ukee Washington and nicole brewer. For beasley, kathy and everyone im chris may. Im jessica dean. You can find us at cbsphilly. Com the late show with David Letterman is next with jennifer lauren. Have a great night. Well see you tomorrow. band playing late show theme from the heart of broadway, across the nation and around the world, its the late show with David Letterman. Tonight. Plus paul shaffer and the cbs orchestra. Im alan kalter. And now, the king of carnaby street, David Letterman captioning sponsored by worldwide pants and cbs band playing late show theme cheers and applause