The homeless good Samaritan who gained national fame after the stranded motorist he gave his last $20 to raised more than $400,000 in his name is now suing her and her boyfriend, claiming the couple is committing fraud by taking more than half of the money for themselves. 
 
 On Tuesday, attorneys for Johnny Bobbitt Jr. filed the lawsuit in the Superior Court of New Jersey in Burlington County against Kate McClure, 28 and Mark D'Amico, 39. 
 
 Last year, Bobbitt, a 35-year-old Marine Corps veteran who was living on the streets of Philadelphia, gave McClure the last of the cash he had panhandled that day after she ran out of gas on Interstate 95, McClure wrote on a GoFundMe fundraiser she created on Nov. 10. 
 
 Bobbitt even instructed McClure to get back in her car and lock the doors before returning minutes later with a red gas can, McClure wrote. 
 
 At first, McClure showed her gratitude to Bobbitt by providing him with food, clothes and some cash. 
 
 Then, more than 14,000 people who were moved by Bobbitt's generosity and his unlikely friendship with McClure donated over $402,000 to the fundraiser, but Bobbitt is now back on the streets and worried that he may never see the bulk of the money, according to the lawsuit. 
 
 ABC News 
 
 The couple initially provided Bobbitt with "some of the monies contributed" but have declined to provide him with access to the rest, according to the lawsuit. 
 
 Bobbitt alleges that the couple has spent more than half of the funds raised, treating it like their "personal piggy bank to fund a lifestyle that they could not otherwise afford," his attorneys wrote. 
 
 Bobbitt's drug addiction has relapsed and he is back on the Philadelphia streets panhandling for money after completing two stints in rehab, The Philadelphia Inquirer reported last week. 
 
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 D'Amico told The Inquirer that he controls the money but would rather "burn it in front of him" than give Bobbitt the remainder of the funds. Giving Bobbitt the money would be like "giving him a loaded gun," since Bobbitt is addicted to drugs, D'Amico told the local newspaper. 
 
 Bobbitt's attorneys have also filed an application for an injunctive relief require McClure and D'Amico to refrain from dissipating any of the monies donated to the GoFundMe account and from using the funds for any other purpose other than to directly benefit Bobbitt, according to court documents. 
 
 Chris Fallon, one of the attorneys representing Bobbitt, did not immediately return ABC News' request for comment. 
 
 An update McClure had written on the GoFundMe account indicated that the couple tried to ensure the safety of Bobbitt's financial future. Two trusts were to be set up in his name, one to provide him a small "salary" each year and a retirement trust and another which was to "be wisely invested by a financial planner." 
 
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 A bank account had also been set up for Bobbitt with funds for his every day needs that was intended to "get him through until he finds a job," and his one planned indulgence was to buy a 1999 Ford Ranger, the "dream truck he's always wanted," and a home of his very own, McClure wrote. 
 
 A formal trust for Bobbitt's benefit has not been created, according to the lawsuit. 
 
 Bobbitt is seeking compensatory damages and interest, funds of counsel fees and costs of the lawsuit and accounting of all funds donated to the GoFundMe account. In addition, the lawsuit is requesting the appointment of a receiver for the funds and for the funds to be deposited with the court. 
 
 McClure and D'Amico did not respond to ABC News' request for comment. ||||| This photo taken Aug. 15, 2018, shows Johnny Bobbitt Jr., the homeless veteran who gave $20 for gas for Kate McClure, back on the streets with his brother. Bobbitt, who helped a stranded motorist in Philadelphia,... (Associated Press) 
 
 MOUNT HOLLY, N.J. (AP) — A homeless man whose selfless act of using his last $20 to fill up the gas tank of a stranded motorist in Philadelphia got him worldwide attention is suing the couple who led a $400,000 fundraising campaign to help him. 
 
 Johnny Bobbitt says he's concerned that Mark D'Amico and Katie McClure have mismanaged a large part of the donations raised for him on GoFundMe . The New Jersey couple denies the claims, saying they're wary of giving Bobbitt large sums because they feared he would buy drugs. 
 
 Bobbitt's lawsuit contends the couple committed fraud by taking money from the fundraising campaign for themselves. He's seeking undisclosed damages, and his lawyers want a judge to appoint someone to oversee the account. 
 
 A hearing on the lawsuit is scheduled for Thursday. 
 
 McClure set up the online fundraiser page as a way to give back to Bobbitt, who came to her aid when she ran out of gas on an Interstate 95 exit ramp late one night. It raised more than $400,000 in funds donated by more than 14,000 people. 
 
 Bobbitt walked a few blocks to buy McClure gas. She didn't have money to repay him at the time, but sought him out days later to give him the money, and visited him a few more times to bring food and water. They later appeared on shows like "Good Morning America" and were interviewed by the BBC. 
 
 But the relationship has since gone sour. 
 
 Christopher C. Fallon, one of Bobbitt's lawyers, told The Philadelphia Inquirer that the legal action was taken after D'Amico ignored multiple requests for a full accounting of the money raised by the GoFundMe campaign. 
 
 "He's really left us with no choice but to go forward," said Fallon, one of two pro bono lawyers from Cozen O'Connor in Philadelphia whom Bobbitt retained last week. 
 
 McClure and D'Amico have repeatedly denied any wrongdoing or misusing any of the money. D'Amico has said Bobbitt spent $25,000 in less than two weeks in December on drugs, in addition to paying overdue legal bills and sending money to his family. 
 
 The couple also bought Bobbitt a camper with some of the funds and parked it on land McClure's family owns in Florence. But Bobbitt became homeless again after D'Amico told him in June that he had to leave the property. 
 
 During an appearance Monday on NBC's "Megyn Kelly Today" show, D'Amico told Kelly there was well over $150,000 left of the donations. ||||| In the fall of 2017, 28-year-old Kate McClure praised Johnny Bobbitt, a 35-year-old homeless veteran who she says spent his last $20 to help her when her car ran out of gas in Philadelphia. Moved by the story, some 14,000 donors gave over $400,000 to rescue the man from homelessness. 
 
 As it turns out, it was all a lie. 
 
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 “The ‘pay it forward’ story that drove this fundraiser might seem too good to be true. Unfortunately it was,” Burlington County Prosecutor Scott Coffina said during a news conference on Thursday, adding that the trio “hoodwinked” the donors. “The entire campaign was predicated on a lie.” 
 
 McClure did not run out of gas on a Philadelphia ramp that night and Bobbitt did not spend his last $20 to help her. According to Coffina, McClure texted a friend right after setting up the GoFundMe, writing, “The gas part is completely made up, but the guy isn’t. I had to make something up to make people feel bad.” 
 
 In reality, the group initially met at an off-ramp near a casino in Philadelphia they frequented a month before they launched their campaign. 
 
 “The evidence developed over the course of this investigation demonstrates that D’Amico and McClure had known Bobbitt for at least a month or more prior to the date of the GoFundMe ‘Paying it Forward’ campaign’s launch, as they had met him on their frequent trips to a local gambling casino,” according to court documents obtained by PEOPLE. 
 
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 The heartwarming tale convinced thousands of people to donate to the group’s GoFundMe to get Bobbitt off the streets. 
 
 On Thursday, Coffina announced that the trio have all been charged with second-degree theft by deception and conspiracy to commit theft by deception. D’Amico and McClure turned themselves in to the prosecutor’s office on Wednesday and Bobbitt was taken into custody in Philadelphia, he said. 
 
 The couple’s attorney, Ernie Badway, declined to comment. 
 
 Elizabeth Robertson/The Philadelphia Inquirer/AP 
 
 RELATED: Homeless Man and New Jersey Couple Charged in GoFundMe Scam: ‘It Was Predicated on a Lie’ 
 
 Prosecutors said Bobbitt, McClure and D’Amico conspired to make up the phony story, and carried out their plan — landing themselves $402,706 in GoFundMe donations. 
 
 Their plan worked. After fees, donations amounted to more than $367,000, all of which was deposited into D’Amico’s accounts. The couple gave Bobbitt $75,000 of the money, according to Coffina. 
 
 “But he wanted his fair share of the take,” the prosecutor added. 
 
 David Swanson /The Philadelphia Inquirer/AP 
 
 So, Bobbitt accused the couple of withholding the money, with his attorneys filing a civil suit in August on his behalf in an attempt to get the remaining funds. But by then the money was long gone. Coffina said on Thursday that D’Amico and McClure had “squandered” the money by mid-March — about five months after setting up the GoFundMe. 
 
 Coffina said the trio would have likely gotten away with their scam had Bobbitt not wanted more money. 
 
 As the funds dwindled, D’Amico boasted about a book deal the couple had been pursuing. They planned to call it No Good Deed. The couple was even unfazed by Bobbitt’s efforts, planning to move forward with their book plan despite his accusations. 
 
 “[Bobbitt] deserves our appreciate for his willingness to serve our country as a United States Marine and he has our sympathy and concern for the homelessness he has experienced as well as his publicized struggle with addiction,” Coffina said. 
 
 RELATED: Woman Raises Over $365,000 for Homeless Vet Who Gave Her His ‘Last $20’ When She Was Left Stranded 
 
 David Swanson /The Philadelphia Inquirer/AP 
 
 “But it is imperative to keep in mind that he was fully complicit with this scheme to defraud contributors, promoting the campaign in multiple media appearances and posing with D’Amico and McClure for a Philadelphia Inquirer story in front of a gas station that he did not buy gas from.” 
 
 An attorney for Bobbitt did not immediately respond to a request for comment from PEOPLE. 
 
 Although Coffina said the plan was a group effort, he mentioned that Bobbitt shared a “remarkably similar” story on his Facebook account. In the alleged post, Bobbitt said he “spent his supper money” to help her fix a flat tire. 
 
 That, Coffina said, is likely the story the trio worked from to concoct their plan. 
 
 This is the latest twist in what began as a feel-good story. But Coffina said GoFundMe officials are working with authorities to remedy the “fictitious, illegal” situation. 
 
 “GoFundMe has informed me that in light of the charges announced today, it will be providing a full refund to all donors of the ‘Pay It Forward’ campaign,” Coffina said. 
 
 GoFundMe officials did not immediately respond to a request for comment from PEOPLE.
– The Philadelphia couple who raised more than $400,000 for a homeless veteran are using the fund as their "personal piggy bank," lawyers for Johnny Bobbitt Jr. write in a lawsuit filed Tuesday. Though lawyers say Bobbitt is staying at a hotel during a third stint in rehab, the 35-year-old Marine Corps veteran had been back to panhandling and battling a drug addiction on Philadelphia's streets despite a generous GoFundMe campaign organized by Kate McClure, 28, and Mark D'Amico, 39. They started the campaign after Bobbitt used his last $20 to buy gas for a stranded McClure and later bought a camper in which Bobbitt resided on property owned by McClure's family. Asked to leave in June because of drug use, per the Philadelphia Inquirer, Bobbitt alleges he's received just $75,000 of what he's due. McClure and D'Amico have interfered, spending more than half of the $402,000 raised "to fund a lifestyle that they could not otherwise afford," the lawsuit claims, per ABC News. Bobbitt previously wondered at how McClure, a receptionist, could afford a new BMW. But the couple have said only $500 of the fund was improperly spent on gambling and repaid. Noting well over $150,000 remains but is being withheld from Bobbitt for fear he will spend it on drugs, the couple say they'll open the fund to review by an accountant, per the Inquirer. Too late, according to Bobbitt's lawyers, who say the lawsuit seeking a court-appointed overseer of the account came after D'Amico ignored repeated requests for a full accounting. "He's really left us with no choice but to go forward," one tells the AP. A Thursday hearing is set.