Long story short, whoever stole it took it to an EcoATM machine in my local mall and sold it for cash. Immediately after it was stolen I put a message on the phone via iCloud saying something like "if found please call #". This company received it on or around January 22nd, I got a call around March 10th. When they did their processing they saw this message and figured it was stolen and called my house number asking if it was stolen etc which obviously it was. After doing what they asked me to do (police report etc) I had to wait for them to process it as I guess they take their time because they're losing money but I finally got an email on Tuesday the 13th saying they shipped it overnight and I got it yesterday moring.
Had to go to the Apple store and get a new simcard-slot and sim-card as mine was missing, they gave it to me for free. I tried explaining my situation to them to see if they would honor my warranty even though it was expired because I haven;t had the phone since October but they didn't believe me I guess even with a police report. So I am still stuck with a battery that has a "fault" that they confirmed yesterday and it would be $80 to replace it. But I will live with it for now, it's not too bad check the screen below. Btw I upgraded to iOS 7.1.1, not a big speed improvement but the 5 is still fast as can be so I guess I just don't notice it.
iOS 7.1.1 from 100% to 53% when I plugged it in.