I had -p in the cp command so it wasn't updating the existing folder if one existed.
Originally based on the theme Murrina-LemonGraphite this theme now uses 4 engines, Murrine (for general theme), Pixmap (for Buttons, Radio/Check boxes, Column look, ect) Rezlooks (for scale/slider look) and Clearlooks (for the spacers.) The 4 themes each had strengths and weaknesses and to get the look/function i was after they were all required. Apart from all this a lot of modifications, new code, custom pixmaps was added to achieve the clean boarder less design i was after.
incase anyone has any problems with getting the theme to run with all the engines required, i have the following gtk engines installed and am running linux mint "daryna":
1. extract (untar) the tar.gz open up the folder and double click on "run me.sh" and select "Run in Terminal" and if it prompts enter your password so that it can copy the folder "LemonCarbon" to /usr/share/themes so that root programs such as synaptic will also use the custom theme.
2. Now open up "appearance" and select the theme manually or alternatively just drag and drop the tar.gz into "appearance"