Sorry i though I mentioned that on the original post. The iphone is jail broken and also unlocked to be used on t-mobile.
It is running 3.1.2 and the reason why i havent taken it in is because someone can still use it until the unlock for 3.1.3 comes out.
I could take it to the apple store and get a brand new one because there are small stress marks around the volume controls and apples replaces the phones with these issues, but the downfall is that all apples phones release as of now are all running the 3.1.3 with the 05.12.01 firmware version.
The phone works perfect and as i mentioned before it is covered until the end of August.
Thanks for the interest.
