now 7 degrees along the shoreline, wildwood checks in at 4 degrees. thirteen in the lehigh valley and allentown. nine in quakertown. storm scan three nice and quiet. we will get sunshine. it will go to work rapidly a as by noon time we are talking about temperatures above freezing. so yesterday we only made it to freezing for the high. and then by mid a afternoon, high temperatures right where they should be, 40 degrees for afternoon temperatures, and mid 30's up in the poconos in the sunshine. we're talking about 50's returning to the seven day forecast with rain chances, we will time that out in just a few more minutes. the lets go back inside to meisha for the road. >> anything above freezing is a good day. fifty's, cherry on top, awesome. good morning. happy wednesday to you. we have a incident outside an accident involving three vehicles near downingtown, route 30 eastbound that off ramp to 322 is completely blocked. you have to use an alternate. as they are just starting to wind this up and get this cleared. the as soon as that ramp is back opened i'll let you know. forty-two freeway north bound at creek road looking good. if you take this north to 295 it is looking good, it is looking quiet, nice and steady for 42 at this early hour. the vine street expressway, all opened, westbound opened, just saw a truck, i'm hoping that means eastbound lanes is opened but i'm in the seeing other traffic right new. hopefully ease bun if not opened yet it will be moment trily. it should be opening upright around now. aramingo avenue is still closed york street to delaware avenue, 9:00 a.m. to 3:00 p.m. flaw friday. tempers flare at a local high school basketball game culminating with the coach losing control and it is all caught an camera. video shows neshaminy coach jerry divine headbutting a referee. "eyewitness news" reporter justin finch is live at middletown township police station with the look at the that video, justin. >> reporter: nicole, good morning. the just what was it? was it a head butt a push or a simple accident? it is hard to tell from that clip now making round on social media, that has left everyone talking about that neshaminy high basketball coach and their referee that went down. the lets a's show you one angle, one more time here, you're looking at video from wbc b, 1490 live coverage of the neshaminy/pennsbury game at neshaminy last night. referee did call a foul on neshaminy. on the right of the screen you will see a man in the blue shirt walking toward the referee. two get close. that referee is quickly down to the ground, perhaps have after some kind of an impact. i do want to show you another angle now. this is from a cell phone video shot, again, you will see that man in the blue shirt, identified as coach jerry divine approaching the referee. from this angle it it does seem possible that the two may have had some kind of a physical physical contact and the referee falls to the ground. worth noting here the broadcaster did say during the live coverage it did look accidental. let's show you a close-up photo of coach divine a teacher at neshaminy of 15 years, basketball coach for ten years. it is unclear what if any charges or discipline he might face. "eyewitness news" has reached out to neshaminy high as well as school officials. we are awaiting a response. we have also reached out to the state, inter scholastic association which oversees referees at these high school and other school level games. now back out here live here as for what really happened, if police were involved, we do know it is on the police radar. we are awaiting comment from middletown township officials later this morning and we will bring that to you on air and on line once we have it for you. for now, nicole, back over to you. justin, thanks for that update. switching gears now the u.n. security council meets later this morning to discuss claims that north korea successfully conducted a hydrogen bomb test. some reports say that the bomb was in an atomic bomb not a hydrogen bomb. correspondent brian web shows us any test would be an act of defying against the international community. >> reporter: representative from the white house says that the u.s. cannot confirm a north korean hydrogen bomb test but is calling on the country's leaders to abide by international obligations and commitments. >> the the surprise north korea state tv a announcement called the event a perfect success, citing their legal right to defend itself against u.s. aggression. >> real danger for the the united states is whether or not north korea has intention toss demonstrate the their capabilities, as far as the the pacific and certainly threaten the u.s. continent. >> reporter: news of the event came after a 5.1 magnitude earthquake was detect near a known north korea nuclear test site. south korea quickly condemned the detonation and called an emergency national security council meeting. >> the country's president told reporters that the the test is a threat on our peoples survival and future, and direct challenge against global peace and safety. if confirmed, this would be north korea's fourth nuclear test, the first was carried out the in 2006. brian web for cbs-3 "eyewitness news". well, calling it the biggest frustration of its time in office, president obama finally unveils his plan to curb gun violence here in america. the his proposals called for gun dealers, including those at gun shows and on line to be licensed, and to conduct background checks. right now about 40 percent of the sales have in background checks at all. the the president wiped away tears as he recalled the sandy hook school shooting. >> every time i think about those kids it gets me mad. by the way, it happens on the streets of chicago every day. >> the president also wants to increase funding for mental health care and hire more atf agents all of which would require a approval from the republican led congress. well, this morning some are questioning whether or not the president's action done through executive order are constitutional. "eyewitness news" reporter david spunt talk to the constitutional law expert and a gun control advocate who applaud the executive actions. >> i talked to him every day. every single day. every day. >> reporter: chester county resident carmen lopis says the the pain of losing his grandson to gup violence hurts three years after benjamin wheeler was killed behind the walls of the sandy hillel meantry school. >> i have always had sympathy for people who experience tragedy but now i can actually feel what they feel. >> reporter: six year-old benjamin was one of 20 students killed in december 2012, an emotional president obama made them a focal point of his executive order calling for gun control. >> every time i think about those kids, it gets me mad. >> reporter: perhaps mad that members of the congress said no, to gun control reform on a national level, and now the the president's new executive orders focus on background check laws in place, and beef up checks for on line purchases, and at gun shows. >> they are well established part of the american political system. >> reporter: chip becker focuses on legal and constitutional issues for kline spector in philadelphia before that he taught subject at penn law school. he said those against the order might not have an easy argument. >> they could argue that these particular actions taken by the the president go beyond the scope of the power of the president, to take executive a action, and that is probably a uphill fight. >> reporter: why? because becker points out that presidential executive orders have been around for decades. >> president bush has done this in the face of democratic congresses and, by the way, president roosevelt did this even when he had a democratic majority. >> reporter: but still even if someone takes the the matter to cook getting up the flagpole to the u.s. supreme court won't happen next month or even next year according to becker. he says it could take two years before the supreme court would rule on gun control, that is if the justices want to get involved at all. even if there is a lawsuit the executive orders stand. carmen lopis wants something to happen sooner. >> i would really like to see both parties, put away the diatribe and just sit down and honestly discuss what makes sense. >> reporter: i check into see what pennsylvania senators have to say. senator bob casey is in favor of what president obama did yesterday, senator patrick toomey says he is in favor of background checks but he wants to know more about these executive order. interesting to know that senator toomey crossed party lines to work with democrats for gun control laws following the sandy hook massacre. reporting from the sat center, david spunt for cbs-3 "eyewitness news". and hours after being sworn in as philadelphia's new police commissioner richard ross makes department rule changes. the under commissioner ramsey officers would leave red and blue light bars on while patrolling, made them more visible to the community and some argue to criminals. commissioner ross has ordered cruisers turn the light bars off, while patrolling. bill cosby's wife can stay silent for now in the lawsuit against the comedian. a judge agreed to postpone a deposition that camille cosby was supposed to give today. it is for a defamation case followed by seven women who accused bill cosby of sexual misconduct. the cosby's say they shouldn't have to talk about their private conversations, and the judge agreed to let mrs. cosby appeal their deposition order. bill cosby has denied the accusations. well, it is a big jackpot, 450 million-dollar up for grabs for tonight's power ball lottery drawing. that is the cash pay out as more than 275 million-dollar. this by the way is the fourth largest power ball jackpot the in history. odd of winning grand prize are now one in 300 million. we will have more on the power ball fever in a live report coming up 59:30. donald trump has been under fire for his controversial comments about banning muslims from this country, but now he could be the one facing a travel ban instead,. plus record rainfall plus a dent in the california drought but it is also causing major problems this morning. the there is more wet weather on the way. also ryan howard fights back, phillies slugger goes on the offensive after being accused of using performance enhancing drugs. >> ♪ cold as ice >> cold as ice again this morning but some relief is on the way, that is good news for you on this wednesday morning. justin will let you know when deep freeze is supposed to end, we will take a short break, stay warm out there, bundle up, we will be right back. wow. the internet is crazy fast here. i know, right? it's so nice to have everyone over. hi hey. mmm. i just laid an egg. does anybody want it? joey, you want some gasoline? yes, please. mom, guess what? i married a clown and we're having tiny little clown babies. mhm. i just bought a hammer. with internet fast enough for everyone, your guests might get a bit carried away. get out of the past. get fios. what makes this simple salad the becalifornia walnuts.r? the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. at clorox 2 we've turned removing stains into a science. now pre-treat with clorox 2! watch stains disappear right before your eyes. remove 4 times more stains than detergent alone. flooding rains continue to fall in california, spawned on by strongest el nino ever. cbs news correspondent ben tracie shows us it has some residents heading for higher ground. >> it is raining cats and dogs out here folks. >> reporter: rain came down hard, up to an inch an hour snarling roadways and covering part of the 101 freeway in mud. this mini cooper was in match for the mega rain, the driver jumped to higher ground. people living in areas charred by wild fires were encouraged to evacuate, netting has been installed to catch debris. this mandy side todd leave. >> at nighttime i don't want to go to sleep wondering if debris will come down again. >> reporter: bill pastor is a nasa a a climate expert. >> we now focus on the negative impacts on this but fact of the matter is we need a all of this rain. >> this is going to be a fantastic down payment, on drought. we could anticipate anywhere between four and 6 inches of have rain here in los angeles, which is normally, double what we get in january. >> reporter: l.a. river is rushing which means about 10 billion gallons of water is heading out in the ocean. good news that prevents los angeles from flooding. is there more rain in the forecast, scheduled to hit southern california on wednesday. ben tracie, cbs news, los angeles. >> more to come out west. >> that is right. >> here at home just cold temperatures. >> i mean we are looking at a lot of sunshine. that will help warm things up. >> it does president feel a as cold as it should with these low temperatures. >> we don't have wind today. i'm telling you ski resort are loving this. they are taking advantage of it making snow around the clock. the guns are firing up at big boulder, this hour and again, all of the resorts looking good, with fresh snow they are able to make for past couple days. they will be making it around the clock for the most part for one more day and then temperatures warm up but ideal conditions, this week, hopefully you'll have a chance to head up to the mountains. here are the headlines. we will go back to average as far as high temperatures go. the 40's where we should this be time of the year. we will hit that with the sunshine. overall warming trend over next five days, we will talk about wet weather returning to the forecast, we will show thaw in a bit. here's the temperature change about eight to 12 degrees warmer in some spots right now compared to yesterday a at this time. that is a sign of that milder air trying to work its way back in the delaware valley but still cold, 14 in wilmington. twenty-one in philadelphia, 13 in allentown. twelve in mount pocono. but there is that milder air check it out in the midwest, northern plains where it is normally cold and we are looking at mid 20's in minneapolis. that milder air will push east, over the next 12 to 24 hours and we have a lot of sunshine in the forecast for next couple of days. look at storm scan three nothing happening in the north east, mid-atlantic, clear skies, that is the the trend, compliments of the high pressure still locking in the cold this morning but as it starts to exit our region and brings back milder air. we will talk about mid 40's, upper 40's for thursday and friday, on sat the day a shot at reaching 50 degrees, however, wind will start to come off the ocean, that will bring in some clouds and drizzle around. here is our trend, cold arctic air leaving today, little bump in the jet stream brings back milder air for friday into the weekend but that does come with some rain. next week, we will see another shot of arctic air building in for middle of the week. today near average 40 degrees, tonight we will drop to 26 with clear skies, extended forecast, sunshine through the rest of the week, each day warmer, 50's for weekend but chance of rain especially on sunday. meisha, what is the the latest on the roads. >> good morning to you. road are good. a a lot of things clearing getting out of the way fairly quickly here. we have an accident near downingtown this has been cleared. route 30 eastbound off ramp to 322 was completely block but just a steady flow of traffic now looking good both directions. all directionness and around that area looking g that is what we want to see as we progress through the the morning. we have had a disable vehicle, it is still there right here. the it is not causing slow downs. this is 202 north bound before the schuylkill and before 76. looking good other than that disabled just hanging out there but push all the waste up to the shoulder. not blocking a lane like it ways earlier. the a as we go to the vine you can see looking good both in the westbound direction and eastbound direction all opened. that was closed for construction looking good there. moving on, new jersey construction route 30 westbound before warwick road the right lane is blocked until 6:00 a.m., make net, for those in and around that area and construction we have been dealing with aramingo avenue still closed york street to delaware avenue 9:00 a.m. to 3:00 p.m. in effect through friday. use richmond street. all right, nicole, back to you. an artist is changing joe paterno's legacy again. see why he just repainted a a controversial mural. don't bash ballet or you might get burned on line, see the response path ballet had for a critic on facebook, we will be right back. ryan howard is firing back after being accused of using performance enhancing drugs. first base man filed a lawsuit begins the aljazeera america network. he is one of the several athletes accused of using human growth harmone in the documentary that aired last month. howard has since denied the allegations. artist is once again making changes to a mural of joe paterno in state college. this is video of michael pillotto painting a halo over paterno's head. artist added it when former penn state football coach died in 202 but he removed it in the aftermath of the jerry sandusky sex abuse scandal. pillotto says he decided to right a personal wrong by bringing back the halo. all of the people in the mural who have died have halos over their head. well, it the is no secret that the eagles didn't play very well this year but when someone wrote on facebook that it looks like the team was wearing t utu the pennsylvania ballet did in the think it was so funny. "eyewitness news" reporter rahel solomon shows us the ballet's response that is generate ago lot of buzz. >> ♪ >> reporter: dancers at pennsylvania ballet the are a accustomed to a applause for their performances but lately they are getting a lot of support for facebook posts. >> i guess the one that probably did push a couple of my buttons that they played like they were in t utu's as a derogatory comment. >> reporter: ballet a's reaction to that comment has since gone viral writing in part, with all due respect to the eagles, let's take aminate what our t utu wearing woman have done this month. adding they have no second string to come in when they need a break and ending with if the eagles had played like they were wearing t utu we would all be looking forward to the playoffs, ouch. >> it is not easy, it is very athletic. every day vice athletic. >> reporter: for folks who say ballet dancing isn't a sport, people here at pennsylvania ballet may say thaw are right, that is because it is like multiple sports. >> versatility and moves like a basketball player, the coordination of the hockey player, and timing of the baseball player. >> reporter: but why the division among sports? some players like eagles running back kenjohn john barner has been vocal about incorporating balance net to his work out routine like in this interview with leslie van arsdal. >> ballet and yoga, greatest part of my life. >> reporter: he didn't mean to offend the ballet. upon reflection maybe the players don't even deserve to wear t utu but new that the season is over, and sports lovers say trade that seat at the link for a warm one, indoors, with just as much athletism to enjoy, maybe even more. >> football is entertaining but so is ballet. comb see what our hard work that we do every day just like the the football players. >> reporter: if you'd like to see these dancers in action a the the next performance is right here at the miriam theater february 4th. reporting from south broad street, ra hall solomon for cbs-3 "eyewitness news". >> i love pennsylvania ballet stepped up and said no, no. >> well, they should. i am named after a ballet dancer because my mom was a ballet dancer. i'm partial. i know what incredible a athletes they are. so earnings i have been there this past year. it is incredible what they can do. >> yes. >> we want to see football players in tutu's. >> whatever you like, you know. >> yes. >> interesting, interesting stuff. >> dent mess with them, the pennsylvania ballet, folks. coming up next on "eyewitness news" a lot of people are dreaming big this morning. >> they are. >> jan, explain. >> reporter: power ball jackpot now sits at an estimated 450 million-dollar, that is the the fourth largest prize in the game's history so what would you do with all that money? coming up we will look at your most outrageous desires. all right, jan, thanks. he talk about banning muslims from america but now donald trump could face a travel ban of his own, justin? good morning everyone waking up with temperatures in the single digits and teens but a warming trend returns in the the forecast, those details, are coming up. meisha has an update the on the wednesday morning commute, that is coming up next, stay with us. there's the endless runny noses. the sneezes that just won't quit and of course, the biting cold of snow day play. that's why puffs is soft. puffs plus lotion tissues... ...are gentle on skin. they help soothe irritation by locking in moisture better. so you can get out and enjoy winter a nose in need deserves puffs indeed. for softness that fits anywhere, try puffs softpack. what makes this simple salad the becalifornia walnuts.r? the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. foul on the court? neshaminy high school basketball coach jerry divine ace accused of losing control a against last night's game against pennsbury. cell phone video as well as broadcast footage shows divine appearing to head butt a referee during the the final seconds of the game team. vine has been with the school district for 15 years and is also a teacher there on you justin finch just spoke with the middletown township police chief and we will hear from him at 6:00. other story just about everyone is talking about this morning is the jumbo power ball jackpot where all dreamers this morning. ticket are selling like hot cakes were 450 million-dollar up for grabs tonight, and we will take a look at your chances of winning the big prize. like what are the odds of winning that kind of money