♪ >> breaking news tonight. bill cosby under fire. he's now being sued by a woman who claims he sexually abused her four decades ago. this story just unfolding as we come on the air at 11:00. good evening, i'm chris may. >> i'm jessica dean. let's go right to todd quinones he's live in the cbs-3 sat center with late breaking details. >> the troubles for the legendary comedian continue this

evening. this lawsuit that we have obtained alleges that bill cosby molested a then 15-year-old girl while inside the playboy mansion back in 1974. the lawsuit was filed tuesday in los angeles on behalf of a california woman named judy hoot. it marks the first time a woman is claiming to have been underaged when she alleges should have been sexually assault beside cosby. hoot's suit states she and a 16 year old friend were taken at the playboy mansion by cosby in 1974. and after several drinks she 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 77-year-old 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 e-mail to his attorney this evening has not been immediately returned. in the meantime huth is claiming to have suffered emotional distress and she's discovered its impact on heroine the past three years and that's significant because that is what allowing her under california state law to file this lawsuit. reporting live tonight in the sat center todd quinones cbs-3 "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 what's happening and what's 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 i-95 corridor as temperatures continue to warm we'll 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. we'll 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 we'll talk more about the temperatures rising when the sun will return and more rain with another fast moving system that's 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.

25-year-old 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 kildare's pub in morning 81 early thanksgiving morning. he's now been missing for six days. "eyewitness news" reporter david spunt is live in manayunk. >> jessica we've known from the beginning shane montgomery was with other people before he disappeared tonight we're 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 21-year-old shane montgomery the night he disappear. >> he was in a good mood. we were out. we hit a couple bars and we

weren't like -- like he wasn't inn tock indicated or anything. >> whitman is montgomery's first cousin and two were out celebrating both being 21 he says montgomery seemed fine. and would not just walk off a lone. >> i'm helping out as much as i can if the bi needs me i'll go down there. if the philly police need me i'll go there. i'm 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 don't have any information at all that leads us to believe that there's any reason shane would voluntarily disappear. >> reporter: ryan, is shane's 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 couldn't handle it.

it's unreal being in there without him. >> reporter: his two close friends insist there is more to the story. and they're 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: montgomery's 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 cbs-3 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 rosa's restaurant and catering which is located on south broad street not far from the school. well a kitchen worker at rosa's 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. it's 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 hit-and-run 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 i-team 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 i-team that all seven of thor's horses are have been seized and taken to a new location. >> you might think this man is just unchaining his bike but look again. he's 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 he's one of many cyclists in that neighborhood who have recently reported this type of bike swipe to police. >> he's really good at it. he does it all the time. that's what he does for a living. if it's not septembered solid pole in the ground and it can be taken apart don't 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 league's personal conduct policy. peterson pleaded no contest for assault charges for hitting his four-year-old son with a thin industry branch. >> congress weighed in on the issue of domestic violence involving professional athletes. it's 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. >> today's 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 he's 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 gone's chief of technology and weapons buying. >> a dog is badly injured after someone open fire in a residential neighborhood. we'll tell you why police say this is part of a bigger problem there. >> "eyewitness news" investigates next. kathy? >> we're watching this round of rain move across the delaware valley. then we'll take a break. but more in the forecast this week and looking forward to some rain this weekend. we'll 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 night's sleep.

>> 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" reporter todd quinones tells us police say this is part of a bigger probl problem. >> reporter: the bullet pierced through the dog's 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 debra's 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 dog's 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 she's 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. it's not clear who the shooter is. or what their motive may have been to open fire. reporting in upper darby, todd quinn nope for cbs-3 "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 don't 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. >> it's 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 can't 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 capitol's west front lawn. >> tonight there's 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 #cbs-3 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. we'll 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 it's 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 it's 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 o'clock 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. we'll 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, we'll 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, you'll 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

>> i've 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. >> there's 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 don't 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 one-on-one. >> whoa! that guy marschon got smack. (laughter). that's what's going to happen. what i did today. i mean, hopefully -- hopefully it do. hopefully that moment does come. >> i mean i'm sure -- i'm sure he will. i'm 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 isn't ready to hang up his goalie mask just yet. he's 42 years old. signed a one-year 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. we've 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? >> we'll be right back. ♪

>> well we thank you for watching "eyewitness news" at 11:00. we're back in the morning at 4:30 with ukee washington and nicole brewer. for beasley, kathy and everyone i'm chris may. >> i'm jessica dean. you can find us at cbsphilly.com the late show with david letterman is next with jennifer lauren. have a great night. we'll see you tomorrow.