[houltmac]

Okay, I am no scripter, but here's an option to overcome all these issues: get Automator to do it for you.

Try doing something like "Get Selected Finder Items" (or "Get Sepcified Finder Items" or "Get Folder Contents" or something, there are loads of options). Then try "Copy Finder Items" and choose to Show Action When Run and choose to show either, both or neither of the options "Replace Existing Files" and "To".

This will do the same thing without being capable of messing up. You can then save this as a workflow or application, add it to your AppleScript menu item or even save it as a plug-in for Finder where you can then right click and item, choose Automator and hey presto, there is the option.

Would this be suitable or I may have missed something?