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." 
 
 ABC News 
 
 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. ||||| Judge Paula T. Dow addresses the lawyers during a hearing on missing funds in the Johnny Bobbitt case in the Olde Historic Courthouse in Mt. Holly, NJ Wednesday, Sept. 5, 2018. McClure and D'Amico are... (Associated Press) 
 
 Judge Paula T. Dow addresses the lawyers during a hearing on missing funds in the Johnny Bobbitt case in the Olde Historic Courthouse in Mt. Holly, NJ Wednesday, Sept. 5, 2018. McClure and D'Amico are accused of mismanaging the money raised for Bobbitt. (David Maialetti/The Philadelphia Inquirer via... (Associated Press) 
 
 FLORENCE, N.J. (AP) — Police raided the home Thursday of a couple who raised $400,000 online for a homeless good Samaritan who has alleged they treated the money like a "personal piggy bank" — hauling away a new BMW on a flatbed truck. 
 
 Citing "enormous public interest" in the case, county prosecutor Scott Coffina confirmed in a Facebook post that Mark D'Amico and Katelyn McClure are under investigation, though no charges have been filed. 
 
 It was the latest twist in at onetime feel-good story about Johnny Bobbitt, who spent his last $20 to buy gas for McClure when she became stranded on a highway in Philadelphia last year, and the couple who found 14,000 people online who were so touched by his kindness that they donated to a fund to help him start a new life. 
 
 Police armed with a search warrant left the couple's home in Florence, New Jersey, about 30 miles (48 kilometers) northeast of Philadelphia, with bags and boxes of material and the BMW, according to news outlets at the scene when the raid occurred. Bobbitt has questioned where they got the money for the new car. They have said they used their own money for it. 
 
 The couple's attorney, Ernest Badway, did not return calls seeking comment on the police investigation. They have previously denied any wrongdoing. 
 
 The couple are also being sued by Bobbitt, the homeless man who was to receive the donations, which were made through a GoFundMe page. In the suit, he says they used the account to "fund a lifestyle they could not otherwise afford." 
 
 In court Wednesday, the couple's lawyer said Bobbitt has gotten about $200,000. But Bobbitt's lawyer said he had received only about $75,000, which includes the value of a camper and a 1999 Ford Ranger. 
 
 A judge presiding over Bobbitt's lawsuit ordered the couple to give sworn statements Monday on the status of all the money raised, as well as to turn over documents. Bobbitt, whose attorney says he is entering a drug addiction program, will also be deposed. 
 
 Their attorney has indicated the couple will claim their constitutional right not to have to testify. 
 
 Outside their home Thursday, a handwritten "No Trespassing" sign was posted. 
 
 Chris Fallon, Bobbitt's attorney, didn't return a call seeking comment on the latest development. 
 
 The story initially led to appearances for Bobbitt and McClure on national TV programs as well as an interview by the BBC. But a dispute over the money soured the relationship. 
 
 D'Amico has said Bobbitt spent $25,000 in less than two weeks last year on drugs as well as paying for overdue legal bills and sending money to family. 
 
 The couple also bought Bobbitt a camper with some of the cash and parked it on land McClure's family owns in New Jersey. But Bobbitt became homeless again after D'Amico told him in June that he had to leave the property. 
 
 During a recent appearance on NBC's "Megyn Kelly Today" show, D'Amico said there was well over $150,000 left of the donations. 
 
 But Bobbitt's attorney said earlier this week that he was told all the money is gone. 
 
 GoFundMe said it is working with law enforcement to ensure Bobbitt gets all the money he is due. The company said it also gave $20,000 to an account set up by his attorney to help him during the investigation.
– 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.