Sub-Routine POSIX path issue. - macos

Question

Working on a script that downloads files and places them in a folder for for automated installation. This is the first time I've created an "on" sub-routine and I'm having issues with resolving the path to check if the file exists. The process uses a Terminal window to monitor the download status.
set theContentPath to POSIX path of (choose folder)
set toInstall to (theContentPath & "ToInstall/")
set inStalled to (theContentPath & "Installed/")
set theTemp to (theContentPath & "theTemp/")
do shell script "mkdir -p " & quoted form of toInstall
do shell script "mkdir -p " & quoted form of inStalled
do shell script "mkdir -p " & quoted form of theTemp
set theList to {"http://url1.pkg",
"http://url2.pkg",
"http://url3.pkg",
"http://url4.pkg",
"http://url5.pkg",
"http://url6.pkg"}
repeat with x from 1 to (count theList)
--display dialog item x of theList
set thisOne to item x of theList
getFileIfNeeded(thisOne, toInstall, theTemp)
end repeat
on getFileIfNeeded(theFileToGet, whereToSave, tempFiles)
set AppleScript's text item delimiters to "/"
set theItems to text items of theFileToGet
set theFile to item 5 of theItems
set theFileCheck to whereToSave & theFile
set theURL to quoted form of theFileToGet
tell application "Finder"
if not (exists file theFileCheck) then
tell application "Terminal"
if (count of windows) is 0 then
activate
end if
do script "cd " & quoted form of tempFiles & " ; curl -O " & theURL in front window
do script "mv " & quoted form of tempFiles & "*.pkg " & quoted form of whereToSave in front window
end tell
end if
end tell
end getFileIfNeeded
Tried adding the following set theFileCheck2 to (POSIX file theFileCheck) as string but the results are not what I expected as the file still get's downloaded.
Here's the routine with my attempt to get the path right.
on getFileIfNeeded(theFileToGet, whereToSave, tempFiles)
set AppleScript's text item delimiters to "/"
set theItems to text items of theFileToGet
set theFile to item 5 of theItems
set theFileCheck to whereToSave & theFile
set theURL to quoted form of theFileToGet
tell application "Finder"
set theFileCheck2 to (POSIX file theFileCheck) as string
if not (exists file theFileCheck2) then
tell application "Terminal"
if (count of windows) is 0 then
activate
end if
do script "cd " & quoted form of tempFiles & " ; curl -O " & theURL in front window
do script "mv " & quoted form of tempFiles & "*.pkg " & quoted form of whereToSave in front window
end tell
end if
end tell
end getFileIfNeeded

Answer 1

This should fix it.
It targets "System Events" instead of "Finder", a lot of the functionality previously in the Finders dictionary has been shifted to System Events over the last several years.
Also i simplified the part that extracts theFile, you can use the 'last' keyword in this case instead of a hard coded number.
on getFileIfNeeded(theFileToGet, whereToSave, tempFiles)
set AppleScript's text item delimiters to "/"
set theFile to the last text item of theFileToGet
set theFileCheck to whereToSave & theFile
set theURL to quoted form of theFileToGet
tell application "System Events"
if not (exists file theFileCheck) then
tell application "Terminal"
if (count of windows) is 0 then
activate
end if
do script "cd " & quoted form of tempFiles & " ; curl -O " & theURL in front window
do script "mv " & quoted form of tempFiles & "*.pkg " & quoted form of whereToSave in front window
end tell
end if
end tell
end getFileIfNeeded